Can District Court Give Divorce Jgmt If Dv & 125 Case Pending In Other

Question

Can District Court Give Divorce Jgmt If Dv & 125 Case Pending In Other

14-Jul-2023 (In Family Law)

After RCR order not compelled husband filed for divorce petition in husband s native place after this wife filed DV and sec 125 in her native place now the stage is in evidence in all the cases wife has not attended the court for conciliation also...my question is can divorce petition filed by husband will allowed inspite of dv and 125 case pending in other district court? Or can husband go for high court to get his justice.....please guide your answers will be appreciated

Answers (2)

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Advocate Iyappan. E LawRato · Accepted Answer · 2022-07-14T20:15:59+05:30

Answer #1

dear client... first you need to know that domestic Violence case and maintenance cases are magistrate level proceedings.... divorce case consent triable by District judge...so that no bar to get divorce case judgement... husband can approch high court to transfer the case filed by the husband / wife to having good reasons to fransfer.... need further clarification pls contact me thank you E Iyappan Adbocate

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Adv. Iyappan. E Adv. Iyappan. E

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Dr. S. Diraviam Dinesh LawRato · Accepted Answer · 2022-07-15T08:31:29+05:30

Answer #2

The divorce proceedings is independent of the domestic violence and maintenance cases. If wife did not appear in the divorce case filed by the husband then she will be set exparte and the marriage will be dissolved as prayed for by the husband.

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Dr. S. Diraviam Dinesh Dr. S. Diraviam Dinesh

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