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Wife Filed DV case even maintanence case is already running.


21-Nov-2023 (In Divorce Law)
my wife has left from our house just after 2 days after marriage...she never come back and after six months in nov 2022 she filed maintanence...and maintenance case is already running ..and now yesterday she went police station to file DV and Dowry demand FIR... while maintanence case running from one year can she now file DV too
Answers (5)

Answer #1
523 votes
Yes there is no bar in filing multiple litigations in matrimonial dispute. However if your wife has left you without any just and cause, you can contest maintenance on the same ground. However if any FIR is registered then you would immediately require to take bail from the court. For any further clarification feel free to contact Thanks
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Advocate Bhawana Pandey

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Answer #2
873 votes
we will have to talk on this and understand the allegations and the rebuttal of the same. It is not barred for a complainant to complaint with time variation. On the face of this it seems that she was not happy with this marriage or was forced or had an affair that is why within 2 days she left. However, material facts has to be shown that situation was not as worse that forced her to leave the matrimonial home. Reason has to be found out. If it is established that without any reason she left, you will not require to maintain her and DV will also be quashed.
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Advocate Maaz Akhtar

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Answer #3
762 votes
If the behaviour of your partner is intolerable towards you can also anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal and if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months.
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Advocate Jitender Singh

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Answer #4
980 votes
I would advise You to seek a detailed legal consultation from a lawyer and formulate a strategy as to How to defend these Cases. Certain precautionary measures needs to be taken. Yes she can file even if the maintenance case is going on.
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Advocate Anubhav Kathuria

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Answer #5
579 votes
Yea she can file DV too and can also file 498a etc ..you need to immediately hire an expert advocate in this regard to do your home work n get prepared for this case. Plz b in touch to discuss this matter and get legal advice Thanks
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Advocate D. Khan

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