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Bk   22 March 2023

linking dvc case with existing divorce case

Dear experts,

I have one query regarding linking divorce and dvc together, my friend sister filed maintenance case and court granted maintenance of 10k per month in 2017 but the respondent never paid a single rupee for which court has sent him to jail for one month, he filed divorce case and closed that divorce case telling she is ready to compromise with out her consent her lawyer filed for compromise petition and he withdrawn first divorce petition and after 1 year he again filed second divorce case telling he withdrawn as she was ready to compromise and now it is in evidence stage. his motive is he is ready to go to jail but wont pay single rupee to his kids but he want divorce. she want to file dvc case now for monetary and compensation orders and relief in other suits and legal proceedings, so if she file dvc case can she able to link both dvc and divorce case so that he cannot escape paying maintenance and just go away with divorce case? she changed her first lawyer as he was compromised now filed response with the help of other lawyer and she is not getting enough guidance so she approached me, please suggest on above query.


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     22 March 2023

She can very well file the DV case, though it cannot be tried jointly, it can be tried simultaneously.

Generally the DV cases are being conducted by Judicial magistrate courts, the divorce cases are handled by family courts, hence you cannot ask for joint trial. 

She can pursue both the cases properly with the help of her new lawyer.

It is in the trial stage, hence let she put up an effective challenge to his divorce case.

Bk   28 March 2023

thank you sir for your valuable response

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