D .v .act

Satya nand aggarwal (Querist) 09 November 2014 This query is : Resolved
Husband got exparte divorce and application for setting aside exparte decree is pending filed by wife .Wife also filed petition for maintenance under dv act.
My query is whether the suit by wife can be continued and any interim order can be passed against husband till the exparte decree is not set aside.

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Devajyoti Barman (Expert) 09 November 2014
Until and unless the decree is set aside no DV case lies.
Challenge the maintainability of the proceeding .

Rajendra K Goyal (Expert) 09 November 2014
Decree can be set aside on merits.

Satya nand aggarwal (Querist) 10 November 2014
Thanks to my colleagues.

Devajyoti Barman (Expert) 10 November 2014
welcome.........

ajay sethi (Expert) 10 November 2014
yes no DV complaint is maintainable as divorce has already been granted

V R SHROFF (Expert) 10 November 2014
the suit by wife can be continued and any interim order can be passed against husband.
Divorced wife is also a Wife, and eligible to get mtn.

Lived in relation also attract DV. , as there was Domestic relationship; whether wife or not, or Divorced or not.

V R SHROFF (Expert) 10 November 2014
Professional Academic Query by Advocate..

Satya nand aggarwal (Querist) 11 November 2014
Mr shroff ,thanks for your reply , but you say it is an academic query if it is so , then why there are different opinions mentioned in reply to my query.

T. Kalaiselvan, Advocate (Expert) 14 November 2014
DV case and maintenance case can be filed even without setting aside the exparte decree of divorce, there is no bar on it.

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