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Can I file dv and 125 crpc now after a


10-Mar-2024 (In Divorce Law)
My husband has filed for divorce in March 2023 when I was at maternal place for rest post surgery n treatment. He has abandoned me in March 2023 only which I wasn't aware till April 15, 2023. Now it's been a year I had filed for RCR in July 2023. Can I file a DV complaint now and also can I claim maintainance under 125 crpc and dv act. He has mentioned in his divorce petition that I have threatened him n left house that if he doesn't pay alimony whatever i ask else I will file criminal case.
Answers (2)

Answer #1
639 votes
You always have a liberty to file any case but if you have filed RCR the n filing a DV case would have negative impact on your case. But Filing a 125 crpc would be beneficial for you as if it is allowed it will be allowed from the date of application.
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Advocate Amreen Shah

Adv. Amreen Shah

LawRato Mumbai | 50+ Answers
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Answer #2
965 votes
You cannot file RCR and a DV Complaint and seek Maintenance under Sec 125 of the CRPC, 1973 parallely, as it may go against you and can raise serious questions on your portrayal of Victim before Court until now.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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