Advice for dv case
asmita0009
(Querist) 05 August 2014
This query is : Resolved
i) I have filed domestic violence case against my Husband. Court has granted me nominal maintenance in divorce case filed by my Husband. May i can demand for maintenance again under DV case?
II ) I have filed domestic violence case against my Husband since 2011, AS per assurance of court to take the matter fast i had not demanded maintenance. But due to Advocates and court case procedure became slow. now cross of me and my witness is over. may i can demand for maintenance and my jewellery which was given to me by my parents from court at this stage? or i will have to wait for end of the case?
No relief given to me in domestic violence act, so please give me proper suggestion. due to this my Husband is not ready to take the Divorce on mutual agreement.
ii) To get the mutual divorce is it require to file any application in court?
Please suggest.
ajay sethi
(Expert) 05 August 2014
1) you have not mentioned your qualifications , your income , your husband income .
2) if court has already granted you maintenance in divorce case chances of you getting further maintenance in DV case are remote .
3) you must have claimed your streedhan in your DV case . please clarify whether any such claim was made by you in DV case . if so court will definitely grant you your streedhan .
4) your husband existing divorce petition can be converted into petition for divorce by mutual consent
M.Sheik Mohammed Ali
(Expert) 05 August 2014
1. you can claim either one case get maintenance.
2. i dont know you mentioned earlier notice about your jewellery item
3. face the case
4. wait some time.
Rajendra K Goyal
(Expert) 06 August 2014
1. You can demand, let the court decide.
2. Yes you can prey with such demand.
3. For Mutual Consent Divorce, application has to be moved in the court.
T. Kalaiselvan, Advocate
(Expert) 09 August 2014
If you are ready and willing to divorce your husband, you may indicate the same in the ensuing case filed by him against you by submitting to the decree prayed for by him and in that you can lay your conditions of return of your streedhan articles and other alimony issues. In such a situation, you can even withdraw the DV case and settled down amicably, consult your lawyer and proceed accordingly.
bhavya khanna
(Expert) 09 August 2014
Completely agree with T.Kalaiselvan
asmita0009
(Querist) 20 August 2014
yes. i have claimed streedhan and maintenance in Dv case and family court where my Husband has filed case. But since 2009 my Jwellaries approx cost of Rs.10 lac given to me by my parents is with my husband and I have submitted all bills in both cases DV case and family court. Now when I have completed the procedure to submit the affidavit and cross of our side is over in Dv case and my husband will submit his affidavit, at this stage may i can give separate application in court to give me police protection to collect my jwelaries ? Please reply as soon as possible.
