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Is wife still can file/apply Maintenance petition when DVC is Stay ?


22-Aug-2023 (In Divorce Law)
Hi I filed a case in SC for TP, because she filed cases across states, so SC Pass orders to stay DVC until she respond to the notice, Is wife can still apply/file Maintenance where she filed the DVC got stay ? or she can`t file until the DVC resumes? Note: here I am not talk about pay money to wife for maintenance, talking about a fresh file/petition to maintenance in a court where in the same court DVC is already STAY Please assist me for more detail
Answers (1)

Answer #1
789 votes
Hi, even though the DVC proceedings have been stayed, she has the right of filing Maintenance case, as that is an other case. the proceedings of each case are independent of the other cases. You will have to establish the facts of your case in case she files the maintenance case separately.
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