Now you can file separate DV, cruelty and divorce case as the in the same magistrate or register can assign a court accordingly.

All allegations can made in same petition. But DV and cruelty case have different relief and divorce case has different relief. For DV and cruelty, you can file police FIR at nearby police station.

Divorce will file in family court only.

Divorce and DV cases has to be filed separately . Court shall issue notice once matter is filed. 

If your place is not having family court divorce shall be filed in district court and dv before magistrate.

Sir the same can not be filed together as Divorce petition has a different nature , DV and Cruelty are different nature, You can always take all the allegations in the divorce petition, but the DV and Cruelty case have a criminal nature and has to be filed through FIR . 

Hello, 

1. You will have to file separate cases. DV case is to be filed in  the Magistrate court. 
2. If you are in Vasai, your divorce petition has to be filed before Senior Division Civil Judge in Vasai. Both the courts are in the same complex. 

For Divorce filing you must have valid reason .. without reason how can you file divorce plain ?..... Court will ask you reason.

Divorce petition has to be filed in family court . In case there is no family court it has to be filed in civil court 

2) DV case has to be filed in magistrate court 

3) Advisable to issue you notice before filing divorce case 

You have to file for divorce on any of grounds mentioned in Hindu marriage act like cruelty , desertion etc 

you have to prove allegations made in divorce petition 

Only mutual divorce.

CD based on allegations of DV or cruelty. If no such allegations, divorce will not grant.

1. Though in the divorce suit itself you can claim additional relief available under PWDV Act by filing separate petition, its advisable that you file this in separate courts.

2. This would enhance the scope of larger maintenance as two different courts would adjudicate the issue of maintenance in separate proceedings whereby the higher amount would prevail. 

3. So Act accordingly. 

- Under domestic violence Act, a woman can claim for interim maintenance, and residential right from her husband. 

- It is filed before the Magistrate , and the magistrate can ask for protection report before involving other family members of the husband. 

- For getting divorce , one has to file a divorce petition before the family court , and in the absence of family court , this petition is filed before the additional district judge , and a notice is not mandatory for filing this case legally. 

- For a divorce petition , cruelty ground is necessary , in absence of this , there is not chances of getting divorce from the court . This cruelty may be in nature of harassment or abuse of sex etc. 

- Yes , a plain divorce petition may be filed as well. i.e mutual divorce . 

Hello, 

1. Yes, you can file for divorce as a stand alone petition without DV or marital cruelty petitions. 
2. The petition for divorce can be filed on grounds of cruelty. 

Separate cases will have to be filed. 

You can though take same dates in all such cases. 

Regards 

Yes, contested divorce petition can be filed without DV or cruelty. 

But you will have to put up the grounds in the petition for claiming the divorce. 

Regards 

Divirce case has to be instituted before the judge who is a district judge or whom the power is delegated. Now in the instant cases you can file divorce by mutual consent where you can settle for a lumpsum amount without alleging or filing cases under dv act.

1. DivorCe can be filed only on grounds as mentioned under the Hindu marriage act like cruelty, adultery and other therefore you may file divorce without a DV case but you need ground of divorce.

Dear querist, 

No, You have to file separate petitions before the magistrate court. 

1. Divorce petition on the ground of cruelty. it is a contested divorce on some ground other is a divorce by mutual consent.  

2. Domestic violence case petition or through helpline no. 1091. 

For divorce notice is to be served to the opposite party. In DV it is not required. 

Yes, contested divorce petition can be filed without filing a DV case. 

Dont forget to rate positively. 

Thanks. 

Regards, 

A family court is situated in every district. Find out through a lawyer in which family court your place has to file the divorce case.

The divorce petition and the domestic violence case have to be filed separately.

Yes that can be filed. 

Yes just plain divorce case can be filed.

All these DV, Divorce, etc are to be filed separately. Family court is not required for these. These can be filed in the local courts of CJM or any other JMIC where there is no special family court. 

1. DV case under Section 12 of DV Act, 2005 is an altogether different case under a special law.

2. For dissolution of marriage, a petition seeking divorce on the grounds available under HMA has to be filed.

3. Divorce petition can be filed even without filing complaint under DV Act,

DV is filed separately in magistrate court. Divorce on ground of cruelty can be filed in family court

Dear Sir/Madam,

The cases of DV, Cruelty and divorce are to be filed separately and the divorce case can be filed even without DV/Cruetly.

Respected mam...

You have to file all the cases separately ..

Domestic violence case will be file at magistrate of first class and divorce case will be filled at your sessions division....at your jurisdiction...

Thank you

you have to file separate petitions in magistrate court. . 

According to Section 19 of the Hindu Marriage Act, 1955, the petition of divorce can be presented to the District Court within the local limits of whose ordinary original civil jurisdiction: the marriage was solemnized, or the place where the marriage ceremony was duly performed.

The DV case can be filed before judicial magistrate court. 

The divorce case can be filed before sub court in the absence of family court. 

For cruelty offence you may lodge a criminal complaint before concerned police station. 

Yes contested divorce case can be filed even without filing a  DV case. 

That has nothing to do with the proposed divorce case. 

you can file a petition under any of the grounds mentioned under Section 13(1) of the Hindu Marriage Act. 

DV & Divorce are two separate rights and covered under Domestic Violence Act 2005 & Hindu Marriage Act 1955 respectively i.e., they are two different enactments.

No, you cannot club both DV & Divorce petitions in one application. 

DV has to be filed before Magistrate Court.

Whereas, Divorce petition has to be filed in Family Court.

If there is no family court in your area, you need to approach concerned District Court, the same will guide you with respect to designated court which takes up the Divorce Cases, accordingly you can file your case before said court.

If notice is served on opposite before filing cases, it is always good and supports your case going forward.

Yes Divorce petition can be filed without DV.

There is no plain divorce. 

The basic ingredients of Divorce petition shall be mental cruelty, desertion, adultery etc.

You need to prove the allegations made in your petition with substantial material proofs.

Hii

Greeeting of the day.

The vasai court has all the courts...

I have practised their during my intial start of practice. You can file for divorce under cruelty and dessertion or any other reason. And dv can be filed seperatly seeking for maintainance.

All the best.

1. These cases are different so you have to file different cases for domestic violence and divorce and cruelty will be ground in both petition. 

2. Domestic violence and cruelty will be grounds in your Divorce petition.