Filing divorce with an ongoing DV
3 months ago
Can a divorce be filed where an ongoing DV case is on for 4 years? Can the DV be transferred from MM to family court where divorce petition is filed?
A.Dear Client,
Initiating divorce proceedings concurrently with domestic violence proceedings is permissible. The details presented in your domestic violence (DV) case can influence your divorce proceedings, particularly if pursuing a contested divorce based on provided grounds. If the prospect of reconciliation is bleak, opting for a contested divorce citing cruelty is advisable to avoid prolonging an untenable relationship. Notably, the Bombay High Court has affirmed that transferring a DV case to the family court handling matrimonial disputes is justifiable due to interconnected issues, ensuring trial convenience and preventing conflicting decisions. The court, citing Santosh Machindra Mulik v. Mohini Mithu Choudhari, emphasized the Family Court's authority to hear DV cases and executed the transfer accordingly. Engaging a proficient advocate is crucial when filing a divorce case under such circumstances.
Thankyou
Initiating divorce proceedings concurrently with domestic violence proceedings is permissible. The details presented in your domestic violence (DV) case can influence your divorce proceedings, particularly if pursuing a contested divorce based on provided grounds. If the prospect of reconciliation is bleak, opting for a contested divorce citing cruelty is advisable to avoid prolonging an untenable relationship. Notably, the Bombay High Court has affirmed that transferring a DV case to the family court handling matrimonial disputes is justifiable due to interconnected issues, ensuring trial convenience and preventing conflicting decisions. The court, citing Santosh Machindra Mulik v. Mohini Mithu Choudhari, emphasized the Family Court's authority to hear DV cases and executed the transfer accordingly. Engaging a proficient advocate is crucial when filing a divorce case under such circumstances.
Thankyou
Helpful
Helpful
Share
A.Dear Client,
Divorce proceedings can be filed during domestic violence proceedings. The facts and circumstances that are mentioned in your DV case are helpful in your divorce proceedings depending on the reason provided for filing a contested divorce. If there's no scope of living together then rather than stretching the relationship you should file for contested divorce under the ground of cruelty. THE BOMBAY High Court has held that a Domestic Violence (DV) case can be transferred to the family court hearing the matrimonial dispute as both the cases arise out of “common and connected” issues and the transfer is required for the convenience of trial and to avoid any conflicting decisions. The court said that it was well settled that under Article 227 of the Constitution of India the High Court exercises supervisory jurisdiction both judicial as well as administrative over the Courts and Tribunals subordinate to this Court. Citing the case of Santosh Machindra Mulik v. Mohini Mithu Choudhari, the court ruled that the Family Court was empowered to hear a DV case as well, and transferred the case. You must hire an expert advocate to file a divorce case.
Divorce proceedings can be filed during domestic violence proceedings. The facts and circumstances that are mentioned in your DV case are helpful in your divorce proceedings depending on the reason provided for filing a contested divorce. If there's no scope of living together then rather than stretching the relationship you should file for contested divorce under the ground of cruelty. THE BOMBAY High Court has held that a Domestic Violence (DV) case can be transferred to the family court hearing the matrimonial dispute as both the cases arise out of “common and connected” issues and the transfer is required for the convenience of trial and to avoid any conflicting decisions. The court said that it was well settled that under Article 227 of the Constitution of India the High Court exercises supervisory jurisdiction both judicial as well as administrative over the Courts and Tribunals subordinate to this Court. Citing the case of Santosh Machindra Mulik v. Mohini Mithu Choudhari, the court ruled that the Family Court was empowered to hear a DV case as well, and transferred the case. You must hire an expert advocate to file a divorce case.
Helpful
Helpful
Share
A.Dear Sir/Madam
DV case may be transferred to family court if such circular is there issued by High court but it is not possible in Bangalore. Further you can file divorce case during pendency of DV case.
DV case may be transferred to family court if such circular is there issued by High court but it is not possible in Bangalore. Further you can file divorce case during pendency of DV case.
Helpful
Helpful
Share
Read Related Answers
Divorce
Dear Client,
In case of divorce, the joint property bought by the couple by taking loan, will be divided by the Court by considering their respective contributions to the property and property's curre...
Divorce certificate in Faridabad Haryana
Dear Client,
A divorce decree is a document that confirms the termination of a marriage and provides information about the case, such as the reason for divorce, child custody, and property division. Y...
Divorce
Dear Client,
Post decree of divorce, you are entitled to claim maintenance for you and your child. Section 125 of the Criminal Procedure Code provides maintenance to wives, children, and parents who...
Wrong address
Dear Madam,
You have to voluntarily appear before the Court through Advocate and participate in the proceedings by getting certified copies otherwise it may go ex-parte.
live in relationship
Dear Client,
Section 13 of the Hindu Marriage Act provides for the grounds of divorce. If a spouse has deserted the other one for a continuous period of not less than two years immediately preceding t...
Read Blogs on Divorce
Divorce Lawyers
Find Lawyers by Location
