After how many years of separation wife can apply for dvc.
Kiran
(Querist) 04 June 2013
This query is : Resolved
After how many days of separation from husband, a wife can apply DVC. If she already applied filed 498A and after that applied for RCR also.
In the case she filed 498A after husband applied for Divorce. She filed RCR after separation of 17 Months. She also filed DVC after separation of 2 years. When the 498A case was running.
Please suggest the validity of DVC in this situation.
Kundan Kr. Singh
(Expert) 04 June 2013
you may file divorce petition statutory period have gone.
ajay sethi
(Expert) 04 June 2013
her RCR is still pending . then she should with draw her RCR petition if she wants a divorce. in the presenr case husband has already filed for divorce . best option would be to convert it into divorce by mutual consent
J K Agrawal
(Expert) 04 June 2013
DVC can be filed any time It makes no difference that how long she is remaining apart from husband.
Nor it makes any difference that who filed 498A or not.
Nor it makes any difference that She filed a petition for restitution of Conjugal Rights or a petition for JS or a petition for divorce.
The Domestic Violence Case is a totally different thing.
Raj Kumar Makkad
(Expert) 04 June 2013
There is no limitation to file DV case. It can be filed at any time.
