• Dva after divorce first hearing

I have filed divorce against my wife in April. The first hearing is in June. My wife and i are not living under the same roof for the past 3-4 weeks.

Can my wife file a DVA against me before first hearing of divorce case even if we dont live under the same roof? if so on what grounds?

Do i have immunity from a DVA case once the hearing of my divorce case begins?

As a male do i have provision to file DVA on my wife (given that my divorce petition itself is based on cruelty by wife and her family members
Asked 4 years ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
1) yes she can file Dv case against you for acts of domestic violence committed by you . it is a continuing offence 

2) you have no immunity from DV case once hearing of divorce case begins 

3) you cant file Dv case on your wife . only divorce on grounds of mental cruelty
Ajay Sethi
Advocate, Mumbai
45424 Answers
2668 Consultations

5.0 on 5.0

Dear Querist
She can file domestic violence case under section 12 of domestic violence act against you within one year of the incident.
Feel free to call
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

yes she can file Dv case against you. You have no immunity on the ground that you have filed divorce case first. You cant file DV against wife.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.7 on 5.0

1. She can file DV  case against you even not residing with you for last 3-4 weeks,

2. You have no immunity against her prospective DV case, after filing Divorce Suit,

3. You can not file DV case even if you have evidence that you are brutally beaten everyday.
Krishna Kishore Ganguly
Advocate, Kolkata
18430 Answers
447 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer