Next is mediation in divorce filed by samnewala but no order in dv

948 votes

You can pursue multiple remedies simultaneously. Pendency of DV/498A and maintenance does not stop divorce proceedings; mediation is routine. Seek interim maintenance urgently under DV/125 CrPC. Allegations of extra-marital affairs and cruelty can be grounds to oppose his divorce and claim reliefs. If there is abuse or sexual offence involving the daughter, immediately file a complaint/FIR and seek child protection and custody orders. Collect evidence and press for interim orders without delay.

Advocate Pankaj Bajaj LawRato

651 votes

I understand the emotional stress you are going through, especially when your daughter’s safety and future are involved. Since you have already filed cases under DV, 498A, and maintenance, the law is already in motion. Delay in passing orders is common, but it does not weaken your case. You can request the court for interim maintenance and urgent relief, particularly for the child. The divorce case filed by your husband does not stop your DV or maintenance proceedings. Mediation is a legal option, not an obligation, and in cases involving cruelty, extra-marital relationships, or harm to a child, the court also considers the human aspect along with the law. Allegations of extra-marital affairs and wrongdoing towards your daughter are serious and must be placed before the court with available material. Your immediate focus should be financial support, protection, and your child’s welfare. The law aims to balance justice with humanity. With the right legal steps taken at the right time, relief is possible. I can guide you on how to move forward carefully and secure timely protection and support for you and your daughter.

Advocate Sachin Pawar LawRato

746 votes

You can pursue DV Act and 498A independently of divorce. Seek interim maintenance urgently. Place evidence of adultery and abuse in court. Ask for child protection, custody, and oppose mediation if unsafe.

Advocate Pankaj Bajaj LawRato