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Is DVC maintainable of not


24-Feb-2023 (In Divorce Law)
Sir, i am applied divorce at addl.senior civil judge court in 11/2011. after dismissing the petition in 2016, i appeal to high court of andhra pradesh. she filed maintenance case under 125 cr.p.c, in the year 06/2014 and sanctioned rs.5000 to her and 5000 to son. then after she filed DVC in the year 02/2015.Sir is the DVC is maintainable or not. ( house rent.. etc,etc)
Answers (2)

Answer #1
608 votes
Hi

It appears from the brief provided by you, DVC is not maintainable as it appears that DVC is filed as an after thought by your wife.
You should challenge the DVC on maintainability ( between 2011 to 2015 , there is a gap of 4 years.) on grounds of time lapse.
Answer #2
573 votes
Dear client she may file DVC but it will not be in her favour because there is a litigation between you and your wife since 11/2011. and she filed M.C. and got maintenance to her and son. Magistrate will consider the quantum of maintenance after taking into consideration of Maintenance in M.C. There may not good impact in DVC against you. Project your case you may win.

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