Can divorce petition and domestic violence petition run simultanesouly
Guest
(Querist) 02 February 2015
This query is : Resolved
Dear Experts,
Kindly let me know, which Case takes precedence after another. In suppressed facts of Divorce Petition under 13B wife asks for divorce but not asked for any maintenance. This was the case in Dec-11. No Summon/Notice was ever sent to me. She withdrew the petition in Aug-2012 in session court.
She suppressed the divorce petition fact in her next maintenance petition(125 CRPC) in May -2012 where she asks x monthly amount.
She suppressed the divorce petition fact in her next DV allegation petition in June-2012 where she asks x + y amount.
Now as in last hearing judge noticed 3 different versions and suppression of facts, I need to know
a) Whether judge can dismiss the total suit as found different versions?
b) Whether she will get any maintenance/alimony at all in view that she want divorce where she does not ask anything and at the same time she is alleging about Domestic Violence and want maintenance. How is this maintainable.
Kindly suggest with suitable citations
Thanks
Suman
Devajyoti Barman
(Expert) 02 February 2015
1. tHIS IS NO GROUND FOR DISMISSAL. So shun this hope.
2. Asking for divorce is no hindrance to claim for maintenance.
P. Venu
(Expert) 03 February 2015
Each case is a based on different cause of action. However, you can take advantage of inconsistency of material facts in the pleadings.
Rajendra K Goyal
(Expert) 03 February 2015
a) it is not sufficient ground or dismissal.
b) maintenance would be decided on merits, you should plead contradictions and inconsistency of material facts from other party.
ajay sethi
(Expert) 03 February 2015
agree with experts
K.K.Ganguly
(Expert) 03 February 2015
Yes, both the petitions can run simultaneously.
T. Kalaiselvan, Advocate
(Expert) 03 February 2015
Each case is of different nature and will be decided on the merits of each. If contradictions are proved, you will have chances to win them.
Dr J C Vashista
(Expert) 05 February 2015
It is a hypothetical story, devoid of merits and unfit query.
The petition which has been stated to be withdrawn (earlier u/s 13B HMA i.e., second motion) was for mutual consent divorce, isn't it?
When the petition has been withdrawn, what is its relevancy with application u/s 125 Cr.PC and U/S 12 POWFDV Act??
Answer to your question No 1 is negative and second is affirmative, which she is legally entitled and shall have to be allowed and given.
