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sukhbir singh (managing director)     28 October 2012

Divorce

A girl want to apply for divorce as the case filed under DV Act has prolonged and no maintenace or punishment is forthcoming to other fmaily.   Living separately for years already and there is no scope of reapproachment.   So can she get divorce while the case is on in the court.



 4 Replies

Arvind Singh Chauhan (advocate)     28 October 2012

Yes she can file if, relief claimed in DV act is not contradictory to Divorce.  ie if she has asked relief of shared house hold, she can't seek divorce another hand.

Advocate M.Bhadra   28 October 2012

There is no relation between Divorce Suit and the case under D.V.Act, so she can institute a  Divorce suit in Family/District Court on cruelty ground. If she is unable to maintatin herself then she can file a Petition for Alimony in the same Court.She can also file a Maintenance case u/sec.125 Cr.P.C. in Judicial Magistrate Court for claiming maintenance allowance.

ajay sethi (lawyer)     28 October 2012

yes she can file for divorce . how is it that in DV case no interim maintenance has been granted .?

IN DV cases courts generally pass an order for interim maintenance on application by wife at the earliest . in fact Delhi high court has directed that claim  s for interim maintenance should be disposed within period of one year

1 Like

rajiv_lodha (zz)     28 October 2012

Girl can put divorce case even now.............check 4 if she has enough grounds & evidence to prove her point

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