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can i file DV 3 years after my Divorce case


14-Sep-2023 (In Divorce Law)
i want to file DV against my husband. my case is already going on for Contested Divorce in the particular matter. Can i file a DV after 3 years now
Answers (3)

Answer #1
830 votes
Dear Madam,

According to the law laid down by supreme Court you should file a domestic violence within one year after you left the shared household of husband.

But if the situation is such that the violence is continuing on nature and your Cause of action is alive you can file it even now. This has to be decided considering your grounds and reasons which can be decided by meeting in person .

Please feel free to contact.
Answer #2
977 votes
I presume that the two of you are not living together anymore and therefore at this point no purpose would be served by filing a domestic violence case. The only reliefs that are sought for in a domestic violence court are protections orders and allowance for rent/alternate accommodation. Neither will it will give you leverage in your divorce proceeding at this point. On the other hand, if you had been subjected to considerable mental and physical abuse you could always file a case before the criminal courts even after three years having elapsed. You must sufficiently explain your delay.
Answer #3
521 votes
yes you can file anytime your divorce petition and what is for first case about you mentioned that also and is going in that is most important for case if you are ready to file a divorce petition and after that how long you are living separate from your wife.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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