Divorce notice received while trial going on for mc & dvc
rakeshbezawada
(Querist) 22 April 2015
This query is : Resolved
Dear Experts,
one of my friends' sister marriage was happend with one on 03.03.2006. after marriage groom and her family members starting torture for extra dowry and harrasing her. they blessed with a girl child in feb 2010. their torture was increased due to birth given to girl child. 2 times he was trying to kill her. she could not bear his torture and harrasment she filed a compliant against him under DVC on Dec2013. later she filed MC & DVC case on Jan 2014. till now hearing are going on without any result.
her family was poor and she doesnt have any job to take care of his child. now groom has sent a notice to her for divorce.
i need clarification and your valuable feedback on my queries mentioned below
1) divorce notice issued while the hearings are going on under MC & DVC is valid or not.
2) does she request the court for speedy justice.
3) can she ask for interim maintenance as she unable to maintain her child.
4) what is to be done with divorce notice
Ankit Jain
(Expert) 22 April 2015
notice are valid
yes she can pray for speedy trial as a right shoing good grounds
She can file application U/s 24 HMA for pendente lite and expenses of proceeding in divorce case.
she can also demand interim maintenance in 125 Cr.P.C. case
Devajyoti Barman
(Expert) 22 April 2015
1. It is very much valid.
2.Yes, she can.
3.Yes, she can.
4. appear in the divorce suit and take steps.
SAINATH DEVALLA
(Expert) 23 April 2015
I presume U R not a lawyer by academics or profession, but UR query suggests that u are well versed in law.
Yes, ask her to file maintenance u/s 125crpc.
T. Kalaiselvan, Advocate
(Expert) 01 May 2015
