What if divorce decree is passed and dv is pending
Guest
(Querist) 18 November 2012
This query is : Resolved
Divorce case is pending and Domestic Case is in initial phase. what will happen to DV case if divorce order is passed.
V R SHROFF
(Expert) 18 November 2012
Divorce case will certainly take very long time compared to DV.
Devajyoti Barman
(Expert) 18 November 2012
Fro the date of decree of divorce the DV case would cease to exist.
Guest
(Querist) 18 November 2012
Not able to understand "DV case would cease to exist"
ajay sethi
(Expert) 19 November 2012
After divorce, woman files domestic violence case against ex-husband
TNN Aug 25, 2011, 12.58am IST
Tags:
Supreme Court|
Domestic Violence ACT
NEW DELHI: A couple from Punjab separated and obtained divorce by mutual consent but the woman filed a case against her ex-husband under Domestic Violence Act claiming that they continued to live together.
A Supreme Court bench of Justices P Sathasivam and B S Chauhan on Tuesday quashed the case against Inderjit Singh Grewal and told the woman, Amandeep Kaur, that a case under DV Act could not be maintained as long as the decree of divorce remained in force
The woman said she and her husband had played a fraud on the court to obtain a divorce decree in 2008. "Even after getting divorce, both of us had been living together as husband and wife," she contended and pleaded that the case of matrimonial violence against her husband was maintainable as they lived together.
The bench noted that the two got married in 1998 and had a son in 1999. "There was no complaint by the wife against the husband of any cruelty, demand for dowry etc before getting decree of divorce by mutual consent on March 20, 2008," it said.
After hearing counsel for both, the bench said the evidence produced by her to show that she and her ex-husband lived together could not be taken into account as long as the decree of divorce remained valid.
"The contention advanced by her counsel that even after the decree of divorce, they continued to live together as husband and wife and therefore the complaint under DV Act is maintainable is not worth accepting at this stage," said Justice Chauhan, writing the judgment for the bench.
Quashing the complaint, the bench said the woman would be entitled to continue with her other cases and the court concerned might proceed in accordance with law without being influenced by the judgment of the apex court
Guest
(Querist) 19 November 2012
other party is not allowing to submit the WS and it is possible that divorce order will be passed in family court without giving contesting permission to other party. Simultaneously DV case is also running where so far other party has not appeared once.Other party is waiting for divorce order. what is then status/options?
Tajobsindia
(Expert) 19 November 2012
In reference to context this is hypothetical question leading to various speculative replies.
Be it so in real litigation scenarios the DV case Order will be for till the date civil Court Decree sheet placed in DV Court. Which means under DV a female litigant asks almost all 5 relief’s so the relief pertaining to them will be ordered till the date decree in divorce was ordered and it will not be taken here as continuation of offence and matter will be disposed as being infractions now.
