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ASHOK KUMAR   24 September 2018

Divorce petition after domestic violence case

Can I file divorce petition just after my wife already filed domestic violence case?


Learning

 6 Replies

Adv Deepak Joshi +917017821512 (Advocate)     24 September 2018

Dear querist,

Yes you can there is no legal bar as such, rest everything depends upon facts and circumstances of each case.

 

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600


(Guest)

Dnot file divorce. you wont get it.  wait for wife to file divorce.  Best option is to remarry and commit offence.  Let the wife prove bigamy which cannot be punished, let wife prove your marriage to new girl, which will not be possible in this lfe time.  Let her roam to court.  Stop going to court, just do not take any notice or summons from court, nothing will happen.  Police will roam for some time to the address yo gave.  And one day will stop.

Once if you file divorce, you will roam for next 20 years and that dv case also will not get over, if they ask you to pay any money under DV case, dont pay.  Wait till wife files for divorce.  Best is to file RCR.  That will ensure that you will get easy divorce in under 3 years time.

Amit Nishania   24 September 2018

Don't file Divorce, fight the DV case on merit....

for realistic advice you can call me on 8296521244

Vijay Raj Mahajan (Advocate)     24 September 2018

Filing complaint for domestic violence is right of the wife which she is exploring, right to ask for divorce is your right, you may also explore it. What wife will get depends much on her own financial status, if she's working having sufficient income to support herself and place to live at her own cost, she will get nothing from the court. If she unemployed without source of income to support her, she will be allowed maintenance and place of residence at your cost. If you have sufficient grounds for divorce and evidence to prove these grounds, you will get it otherwise you too will get nothing. So who will get? Definitely the advocates you both engage for these cases, after all they too have family to support so let them also earn their livelihood.
1 Like

Amit Nishania   24 September 2018

Very much correct said by Mr. Vijay, but filing of divorce by men generally put him in trouble..

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     25 September 2018

There is no legal bar for you to file divorce case, even after your wife filing domestic violence case.

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