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Domestic violence act

(Querist) 08 September 2016 This query is : Resolved 
Hello..

As I am a fresh Law graduate and into practice since last 2 months. I am the counsel from the girl side.

Girl filed a case under Domestic violence Act before the court and is in pending condition. The reason behind this is that the Husband of this girl had filed the divorce petition before the court to make the marriage NULL & VOID. The reason husband has mentioned in his petition that the girl is mentally ill, but NO PROOFs yet.

Now the domestic violence filed by the girl is on hold as the court says that once that divorce petition must be decided then only this domestic violence case can proceed.

query..
Is there some kind of rule regarding the above mentioned condition.

What sort of relief can be granted to girl/wife

thankx
cherukuri prasad (Expert) 08 September 2016
Ask for an Order from the Court if they are saying so. Do not accept any oral answers. Both grievances are different.
Rajendra K Goyal (Expert) 09 September 2016
Take copy of the relative order and proceed for appeal. Both cases are separate.
Raj Kumar Makkad (Expert) 09 September 2016
There is no such rule staying proceedings filed under DV Act till the finalization of the divorce proceedings. Press the trial magistrate to pass appropriate order on file and proceed accordingly.


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