Dvc

Advocate

 

Dear sirs

A woman got an ex-parte divorce decree in 2010. 

Can she file a domestic violence case now against her former husband?

will it withstand the limitiation clause if any?

 

Regards

 
 
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NA

No.She can't.

 
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Advocate

If her prayer is for recovery of stri-dhan, compensation or maintainance (if she has not got maintenance under Section 125 or permanent alimony in divorce case), to a limited extent for protection (if ex-husband is intimidating her by communicating via telephone or stalking etc.), she can file dv case.  If the cause of action persists, there is no question of limitation raises in these matters.

 
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Advocate

Dear sir,

Thank you for valuable suggestion.

She filed an MC. 

The former husband did not pay any alimony nor monthly maintanence.

The court awarded Rs 5,000/- to the minor daughter which is not being paid since the date of order.

in such a case could she file a DVC?

Regards

 

 

 
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Advocate

If the grievance is non-implementation of maintenance order of Rs.5000/- per month for the child, the proper course of action is to file Execution petition and not DV case.

 
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Freedom

I agree to the advice given by Mr Chandu 

 
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