Filing PWDV
Guest
(Querist) 30 November 2010
This query is : Resolved
I have filed a 125 crpc case for maintenance on my husband and its hearing is dated in 2nd week of december, i have been deserted by my husband & inlaws,and they are ignoring me completely. I thought of filing PWDV case also but my lawyer suggested that filing a PWDV case can ruin my relations completely with my husband,altough they have illtreated and mentally tortured me alot,but i still have feelings for my husband,and want him to accept me or take my responsibility. So filing two cases can make them very very angry . So i want to ask :Iam afraid that my husband can file a divorce case now.
I don't want to go for restitution of conjugal rights,as my husband & inlaws are not ready to cooperate with me at all.
1- If my husband files a divorce case on me now, even on filing divorce from his side, can i file a PWDV case on him ????
n.k.sarin
(Expert) 30 November 2010
yes you can
Devajyoti Barman
(Expert) 30 November 2010
Yes , you can file either before or after the filing of the divorce case.
Raj Kumar Makkad
(Expert) 30 November 2010
The simple answer to your query is yes but this shall not suffice. I think there are feeling from both sides and no party wants to break relations permanently as of now so it is better to try to reconcile with the intervention of relatives of socially respected personalities in the best interest of both of you failing which you can file not only DV case but also criminal case under section 406/498A IPC.
Guest
(Querist) 30 November 2010
Thankyou very much. so rightnow i will wait for the first hearing of 125 crpc case, and after that i will decide .
Y V Vishweshwar Rao
(Expert) 30 November 2010
Approach the Protection Officer under DV Act and request her/him to make arrangements for conciliation and Settlement - the Protection Officer after negotiations will explain your rights to you and your husband , and a report will be prepared and submitted to the Court , if the matter is not settled ,then you may take decision for filing D V Case or not !
Kirti Kar Tripathi
(Expert) 01 December 2010
i agree with mr. Makkad. you should wait for further action of your husband. it is not advisable to take any action in hurry.
