Domestic vioence
Adv.Vishal Anil Vyavahare
(Querist) 23 June 2012
This query is : Resolved
Hi Sir,
Husband not ready for restitution or divorce with wife.
Applicant filed Divorce petitionagainst her husband. Petition is pending in the Court of C J Senior Division from last three months. But it will take too much time to decide. Applicant unable to maintain herself and helpless and getting harrased due to that.
Whether during pendency of divorce petition Applicant can file application for Domestic Violence against her Husband ?
Is it appropriate to mention the fact of divorce petition in D V application ?
Now applicant is living with her relative in Jurisdiction of another Court because her parents are too poor to maintain her.
So whether she can file D V application in the Court where she is living with her relatives ?
Please Suggest.
Thanks and regards,
Adv. Vishal A. Vyavahare
Chandwad (Nashik)
Adv Archana Deshmukh
(Expert) 23 June 2012
In my opinion, if maintainance is the only need then you can also claim under s. 24 in the divorce petition, and also file u/s 125 crpc and that will be a better course when divorce is already pending though DV is not prohibited under law.
SAINATH DEVALLA
(Expert) 23 June 2012
As she is unemployed without any source of income to fend for herself,she can file for interim maintenance u/s 23DV Act ,along with the DV application.
ajay sethi
(Expert) 23 June 2012
why you want to waste more money on legal fees ? what you should do so is make application for interim maintenace in divorce petition . there is no bar in seeking remedy under DV act but better file application wherein your case is pending
Shonee Kapoor
(Expert) 23 June 2012
though there are many avenues open to your client, maintenance pendente lite would be fastest.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Adv.Vishal Anil Vyavahare
(Querist) 24 June 2012
Thank you all, for such a valuable guidance. It will definitely increase my confidence before Hon. Court.
Thanks and regards,
Adv. Vishal A. Vyavahare
Chandwad (Nashik)
