phani sekhar (manager) 03 January 2014
Experts ,
I got Divorce from my wife 7 months back and it was a contested case for around 4 yrs . I got Married Again . There is a Maintenance case which is pending . Now my wife has filed a Domestice voilence petetion as a part of maintenace case in the family court . would like to know .
1. Can someone file a Domestic Voilence case in family court (when the MC is almost ready for judgement ) ot they need to file case in Munsab/Megistrate court.
2. what is section 18 and 21 of DVC act.
Tajobsindia (Senior Partner ) 03 January 2014
1. At few jurisdictions in India Family Court is taking up DV Complaint cases which is in consonant to spirit of DV Act intent and objects.
2. By praying S. 18 and 21 in a Complaint case under DV Act, 2005 she is praying before Court for ‘protection and custody’ Orders as interim reliefs.
3. In my opinion the maint. case which you state here before us to be pending is that under S. 125 CrPC? If so then once Order comes in her favor then same should be filed in DV Complaint case of hers by you to set-of possible protection order under S. 18 of DV Act. You may correct me of the pending CrPC MC that I guessed.
Minor observation:-
I wonder how she managed setting aside a contested divorce decree wherein after limitation to appeal you already got yourself re-married? Here pay attention to ‘contested’ word as no where you mentioned ex-part.
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