pareshkumar raichura (Private Practice) 03 January 2012

Divorced wife can claim under dv act?

Divorced Wife can claim maitainance and other reliefs under the Provision of Domestic Violence Act ?

Is a defination of "aggrived person" also enclude a "Divorced Wife" as well as S.125 of CR.P.C.?

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7 Replies

**Victim** (job) 03 January 2012

I doubt she can claim under DV act there is no domestic relationship post divorce how can DV occur? Although she can claim maintenance under crpc 125

galsober@yahoo.co.in (def) 03 January 2012

No provision under DV act. Moreover alimony matters are cleared while most of the divorce decrees are granted!

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Savitha (HR) 04 January 2012

Hello Sir, I have been separated from last 7 yrs, have 2 kids also, my husband did not come to see me or kids from last 7 yrs, now if i apply for divorce, will he have right to claim a kid and if at all i buy any property will he have right to ask the share in my property? pls let me know...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 19 January 2012

Various judgements from SC and HC has stopped this practise.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

sibasish pattanayak (lawyer) 29 January 2012

Mr. P.Raichura,

yes in the PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005, CLEARLY SUGGEST THAT A DIVORCED WIFE ALSO ENTITLE TO SEEK RELIEF UNDER THIS ACT, IF NOT REMARRIED.

PL go thru the ACT 2005 CAREFULLY.

MIND IT THOUGH SHE IS DIVORCEE BUT NOT REMARRIED, And DV ACT provide all civil rights , that can not be cut down only on " DIVORCEE" .

Regards,

Sibasish Pattanayak, Advocate.

09874854594. /09477090999. /09231668664. /09433074402.

mail: sibasish_adv@yahoo.co.in