Legal Question in Criminal Law in India

compensation under DVA
I got married under hindu marriage act.My husband works in US on h1 visa.I am a victim of domestic violence.In india when my father got me admitted in SAP my husband pressurised me to join him in US without completing the course.Without caring about 45000 that my father spent for SAP i went to US.After his parents US he and his parents treated me like domestic helper.MY husband used to abuse me by rasing my past.Though even after knowing past he willing continued his reltionship with me.I tried my level best to save marriage.He has filed for divorce in US on irreconcible difference.I didnot subject myself to that juridiction.I have filed for maintenece under sec 125.But can i claim compensation under DVA so that i can use that money to study in singapore.My father have spent lotys of money in wedding.So not possibe for him to spend any more money for my studyI hold PGDM but its unlikely i will get good job as diploma was not from very good school.Is it possible to get compensation under DVA when i have filed for maintenece under sec 125?maintenece i will get under sec 125 will be insufficient to study abroad.My hsuabnd earns 4lakh per month in US.is it possible to claim compensation under DVA and maintenece under sec125 togather?

Asked on 3/05/09, 6:00 am

5 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

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Re: compensation under DVA

Check whether a DVA is maintainable after divorce or without living with husband in India.

Answered on 3/06/09, 12:02 am

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Pranav Desai PD Legal & Associates

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Re: compensation under DVA

Yes, it is possible.

Answered on 3/08/09, 12:06 pm

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Sumit Mehta S 'n' S Law Offices

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Re: compensation under DVA

Yes it is very much possible to claim maintainence under DVA too in addition to many more claims.

Jurisdiction issues wont be there at all in DVA

Further, it would be adviced to consult an advocate in person so that it can be filed without delay.

Answered on 3/05/09, 6:19 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: compensation under DVA

Yes, you are entitled to maintenance and compensation both; you may even withdraw your 125 petition and pursue your remedies under the D.V.A. Besides, you may also file criminal complaint u/s 420/498-A and 406 IPC.

You may also consider filing a civil suit in India seeking a declaration that the proceedings in US court are without jurisdiction and are not binding on your rights or marital status.

Answered on 3/05/09, 12:05 pm

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