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Can I apply for divorce when DV matter is going on in the court


25-Mar-2023 (In Divorce Law)
As my hub is irresponsible & have extra marital affairs n cheated me by hiding his 1st marriage n harassed me physically, mentally & emotionally, ive filed a case 498a, dvc cases. Now I want to apply for divorce when these cases r running from 2015 Dec to till now not yet crossed 1st stage. If I go for divorce at this time,can I get justice for what ive undergone with my hub n in-laws ?when would be better to apply for divorce?
Answers (3)

Answer #1
575 votes
Hi 498A and DVC are different cases coming under different Acts. Divorce case can be filed at any stage and at any time. Filing of divorce case will NOT affect/alter the outcome of 498A and DVC. Actually filing for divorce will be of help as the courts will realise that any mediation and conciliation efforts are bound to fail and hence will speed up all of the cases.
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Advocate Rajagopalan

Adv. Rajagopalan

LawRato Hyderabad | 25+ Answers
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Answer #2
576 votes
Hello, Yes. You can apply for divorce against your husband when the Domestic Violence case is pending in the court. Stop roaming around the courts and get rid of all the problems by taking divorce. 498 A IPC and Domestic Violence cases will take time to get disposed of and there are least possibilities of conviction of husband or in-laws and of extracting huge settlement amount from husbands through these cases nowadays. So what's the use in fighting this cases? Better file for divorce and stay happy. Feel free to contact me if you need any assistance or help from me.
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Advocate B. Srikiran

Adv. B. Srikiran

LawRatoHyderabad | 5+ Answers
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Answer #3
549 votes
Madam, You must file a case under Section: 494 I.P.C. You must establish his 1st marriage by placing evidence like your husband`s adhar card, voter I.D 1st marriage wedding card, videos, photos, her adhar card, ration card,voter id, describing your husband as her husband. Whether you want divorce immediately, if not it is not appropriate time to file a case for divorce. You must prove the agony that you faced at his hands. First of all you prove cases, dvc and case under section: 498A. After getting judgement you must file a case for divorce. You must file a petition for maintenance under Section: 125 of Cr.P.C. You failed to mention what are you. Whether you are an employee.
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Advocate Sistla Rama Krishna

Adv. Sistla Rama Krishna

LawRatoVijayawada | 400+ Answers
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