Can DV and divorce case filled simultaneously
After a week my wedding will complete one year (2nd June 2013) today my family again tried to solve marriage dispute amicably but husband continue putting false aligations on me and saying he want separation Frm me in legal words pressuring me and my family for divorce my questions is if in mean time I file DV case on him and his family can husband able to file for divorce after a week means completing one year of wedding.can both case filled simultaneously and what will be the result if both filled simultaneously.
Waiting for experts opinions
Asked in Family Law from Kolkata, West Bengal
DV case has no nexus with a case for divorce. The filing of a case for domestic violence by you does not operate as a bar to applying for divorce by hi. Both the cases can be filed and decided simultaneously on their respective merits.
both can be filed together & will be decided on merrits
Advocate, Greater Noida
1.Please understand that your husband can file divorce suit after one year or even before that even if you do not file DV case. For filing for divorce case he does not need excuse of DV case.
2. So my advice to you is to file DV case before he goes to matrimonial court for divorce.
3. Filing of 498A case is also an option if the situation so warrants.
4. Fling of 498A case before filing of divorce case yields more productive results.
1) your husband can file for divorce after on year of marriage on grounds mentioned in HMA
2) you are at liberty to file Dv case against your husband .
3) DV case has no nexus with divorce case .
4) both can proceed simultaneously
Thank you everyone for our valuable suggestions...
Asked 3 years ago
thanks for your appreciation
Thank you for appreciation.
You are welcome and do take quick decision to thwart first action by your husband.
1. His filing Divorce case is not dependent on your filing DV case against him,
2. You should file the DV case or application u/s498A of IPC before he files the divorce case since otherwise it will be argued by his lawyer that you have file DV and 498A cases to take revenge on him since he has filed the divorce case,
3. For filing police complaint u/s498A of IPC & also DV case make a complete litigation planning.
In the present situation I think it is advisable for you to file two cases: first DV and secondly suit for restitution of conjugal rights