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Can restitution of conjugal rights and DV be filed at the same time?


09-Feb-2024 (In Divorce Law)
Can I file DV case for my tenure lived with my husband in shared house and request to live with my husband at the same time? He abandoned me and threatening me to send divorce notice every now and then. I want to live with him.
Answers (5)

Answer #1
883 votes
Physical violence- it's crucial to understand the specific details, frequency, and evidence available. This information is vital to assess the case's viability under the DV act. Threats: Although not abandonment, persistent threats can fall under mental cruelty, a form of domestic violence. However, proving these threats requires documentation and evidence. Filing a DV case under the PWDVA isn't typically used for reconciliation purposes. The primary aim is to seek protection and safety from current or future abuse. If you desires to reconcile, it's essential to discuss the potential impact on the DV case.
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Advocate Abdullah Akhtar

Adv. Abdullah Akhtar

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Answer #2
609 votes
Yes you can file DV case in such situation. We need more information on your case to evaluate things from legal point of view. You need to hire an expert advocate in this case, kindly be in touch to discuss and to understand the legalities in this regard. Thanks.
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Advocate D. Khan

Adv. D. Khan

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Answer #3
569 votes
of course you can do both at the same time. in the dv case you would be asking for residence rights from your husband. and in the restitution of conjugal rights you would be asking for your husband to be directed to stay with you. if your husband is violent or abusive, the dv court will pass preventive orders in that regard. if he still disobeys those directions, the court will punish him.
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Advocate Kawaljit Singh Bhatia

Adv. Kawaljit Singh Bhatia

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Answer #4
988 votes
We would advise you to connect and seek a detailed legal consultation for your ongoing matrimonial discord. Before filing either of the petitions be it be DV or RCR, we advise you to file an intallah peshbandi application with the concerned Police authorities. Do connect with better partculars
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

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Answer #5
704 votes
File sec 9 case and bring your husband by filing this case there will ne councelling also where you can talk and convince him to come to you for more details plz free to call I will guide you with proper steps
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Advocate Anupama Sharma

Adv. Anupama Sharma

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