Athi Vishal HD
(Querist) 30 May 2018
This query is : Resolved
Sir/Madam In DV case court ordered to pay 7000/pm as maintenance and 5 lakhs as compensation to my wife.
If she or I go for divorce is she eligible to get another maintenance and compensation order?
Athi Vishal HD
(Querist) 30 May 2018
Sir, it's an final order
Ms.Usha Kapoor
(Expert) 31 May 2018
For injuries sustained during domestic violence the dv judge may have awarded Maintenance and compensation. If She goes for divorce the Family court judge may not order Compensation unless injuries are major and the 5lakhs awarded y DV judge has exhausted and if the injuries have not healed he may order compensation and till the end of divorce proceedings interin maintenance and at the end of divorce Alimony a 1 time payment maybe awarded.
Asgher Mahdi
(Expert) 31 May 2018
In divorce case the court may order for further maintenance and compensation, no res judicata is found as the cause of action is different. By the way, filing criminal case will not stop claims through civil and either both the case may run concurrent.
Dr J C Vashista
(Expert) 01 June 2018
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