Dv act maintainable after divorce decree ?
Mayank
(Querist) 01 July 2014
This query is : Resolved
Dear expert,
498a and DV act both cases are load on me and my parents. And decree of divorce will soon
So my question are
1) DV act is maintainable after decree of divorce
2) What about interim maintenance
Devajyoti Barman
(Expert) 01 July 2014
1. Absolutely not.
2. If it is not maintainable then there is no question of interim order also.
Devajyoti Barman
(Expert) 01 July 2014
Sorry for inadvertenty replying academic query..
ajay sethi
(Expert) 01 July 2014
no Dv is not maintainable after divorce
ajay sethi
(Expert) 01 July 2014
no Dv is not maintainable after divorce
Raj Kumar Makkad
(Expert) 01 July 2014
Decree of Divorce do not prevent the maintenance of wife though it shall not be interim rather final even under DV Act.
Devajyoti Barman
(Expert) 02 July 2014
Dear Makkadji, after the passing of SC decision Inderjit Singh Grewal case, DV after passing of divorce decree is no more possible.
Raj Kumar Makkad
(Expert) 02 July 2014
The filing is not possible after decision of Inderjeet case but the right to maintenance still continues.
Devajyoti Barman
(Expert) 02 July 2014
yes u/s 125 crpc or u/s 24 HMA but not under PWDV Act.
Laxmi Kant Joshi
(Expert) 02 July 2014
No DV is not maintainable after divorce .
Mayank
(Querist) 02 July 2014
Thanks Barmanji, Nadeemji,Goyalji,Ajayji, makkadji, and joshiji
Mayank
(Querist) 02 July 2014
@ facts are
1) Jan 2013 - DV Filed
2) Feb 2013 - 498a Filed ( fir load )
3) Dec 2013 - Divorce filed by me
after decree of divorce DV lack to perform ...
ajay sethi
(Expert) 02 July 2014
thanks for your appreciation .
T. Kalaiselvan, Advocate
(Expert) 04 July 2014
In your case the DV was filed very well before you filed the divorce case and the same is pending before the court at some stage, you have also stated that you will get the divorce soon on the basis of the case filed by you. It clearly shows that both the cases are pending, hence the DV is maintainable and if interim maintenance ordered by court at this stage n the DV case, it is also maintainable.
Raj Kumar Makkad
(Expert) 04 July 2014
There s no question of dismissal of DV case in the light of facts submitted by you. The DV case is still pending for disposal.
V R SHROFF
(Expert) 04 July 2014
u need wait to get WS .
u need not withdraw Div Petition .
DV IS MAINTAINABLE.
DV do not depend on H-W relationship.
Even PAST Live in relationship attract DV, and is maintainable.
Mayank
(Querist) 04 July 2014
ok
Thanks T. Kalaiselvan ji and raj kumar makkad ji and also Barmanji and V R SHROFF ji
