Legal Question in Family Law in India

My wife left to her parents house 8 years back. I filed divorce case in the year 2008. The lower court ordered restitution of conjugal rights in her favor in 2010. I appealed against it in high court and it is still pending. She has put a MC in 2013 and it is still pending. Again she has put a DVC case asking for maintenance of 35,000, right to stay in my home, compensation of 40 LAKHS under section 22.

Please advice me whether this petition is allowable as she is not with me since 8 years. does the limitation act apply to this.


Asked on 7/06/15, 9:45 pm

1 Answer from Attorneys

you may move an application for dismissal on the ground of maintenance but to my mind matrimonial offences are continuing in nature, so you may have to fight it strongly.

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Answered on 7/07/15, 4:01 am


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