Dv act
ramaismyhero
(Querist) 30 January 2017
This query is : Resolved
In 2011 wife files 498a and Dv act on husbands. Husband family got AB on 498a but police gave charge sheet and in 2013 district court ordered husband to pay monthly 15,000 rupees to wife as maintenance Under DV act.
But in 2016 court acquitted husband and others from 498a case as the cruelty is not proved. Now my question is.....
1.Can Husband file for divorce as 498a acquittal.(they are hindu)
2.If Husband get divorce , can he apply to court for dismiss the maintenance order Under DV act.
3.If maintenance order is not dismissed than if wife seeks maintenance from other law like 125 or Hindu marriage act than Can it be defended by husband on the fact that maintenance order is already passed.
P. Venu
(Expert) 30 January 2017
The acquittal provides you with a substantial ground to seek divorce as well as to seek dismissal of the interim maintenance order.
Rajendra K Goyal
(Expert) 31 January 2017
You asked:
1.Can Husband file for divorce as 498a acquittal.(they are hindu)
Reply:
yes.
You asked:
2.If Husband get divorce , can he apply to court for dismiss the maintenance order Under DV act.
Reply: Yes
You asked:
3.If maintenance order is not dismissed than if wife seeks maintenance from other law like 125 or Hindu marriage act than Can it be defended by husband on the fact that maintenance order is already passed.
Reply: yes he can.
