Sumit Kumar (IT) 22 March 2016

Dv act after 1 year

Hello Sir, my wife has filed sec 125 crpc against me and iv filed for divorce. Its been more than a year but no decision in both cases.

Now suddenly out of frustration she filed dv claiming residence in house that is in my name but iv given on rent. Also large compensation.

Hence i want to know if such DV case is maintainable after 1 year of divorce and maintenance case running.

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6 Replies

saravanan s (legal advisor) 22 March 2016

Have you obtained divorce or yet to get.if you have got divorce then she cant file dv after divorce.if not she can file dv and also can claim right to residence because both dv and divorce are seperate cases and can run concurrently

Samir N (General Queries) (Business) 23 March 2016

Check my answer posted to a similar question:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=134723&offset=1#.VvGbdWF97CI

Samir N (General Queries) (Business) 23 March 2016

Also, I disagree with the answer posted... divorce has nothing to do with DV. It is the date of the last cohabitation (Domestic Relationship) that matters. For example, if you got divorced on May 1, 2015 and had stayed with her until that date, then she can file DV until May 1, 2016. If she continued to stay with you after divorce, then the 1 year period starts from the date she stopped the "Domestic Relationship" with you. Domestic Relationship with the partner is key... not marriage or divorce.