Civil Procedure Code (CPC)

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Saambu (Desig)     10 June 2011

Can Resident Order be given when Divorce case is pending?

My so called wife left the home last year and filed a DV case on me and my family members seeking Resident Order and Compensation Order. I think she ordered  a 'Ready-made' DV petition that she was claiming maintenance for Children when we don't have a Child and with several other baseless allegations.

I have now applied for Divorce. Is she still entitled for Resident Order? She is working. Will the DV case have any impact on the Divorce case and vice versa?

I have enough scope for filing a perjury but I am reluctant to do that just for the reason that we both lived together once.

Kindly Advise. Thank you.



 1 Replies

Ambika (NA)     10 June 2011

Hello Saambu, 

DV case and Divorce case are two different cases and independent of each other as such. Yes, she can get resident order even while your divorce petition is pending. 


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