Need an advice in my case
On March 18 2018, my wife deserted me and went to her native. I tried all means to contact her like meeting in person, messages, whatsapp, phone calls, RAPD letters, lawyer notice. However, there was no response from her end.
Finally I filed RCA in the Family court in my place after 6 months of her desertion, she was irregular in attending the case initially as she changed lawyers frequently. Finally 3 months back she filed a memo in RCA case stating that she would apply for a transfer petition in appealant courts. However, she hasnt filed any case. Until today there is no objection filed by her.
Mean while on December 3 2017, she filed domestic violence case stating her brother gave me 10 Lakh rupees at the time of demonitisation through cash and when they demanded the money, Me along with my parents and sister beated her and threw her out of house. She has given only one of marriage photo and invitation card as proofs of marriage, which I am not denying in my objection. The case if asking for interim maintainance and relief.
I filed an objection to this asking her to produce all necessary documents like Bank statement to prove her brother financial capability, her brother IT returns and her medical records to understand the extent of physical torture she had faced when she was in my house. She is not having any records of this and the case is at hearing stage.
20 days back she has filed a divorce case on ground of cruelty. Just the same petition as that of DVA with change of prayer under section 13 (1) (i-a) of Hindu Marriage Act. In divorce case she hasnt asked for maintainance nor allimony apart from dissolving the marriage. I recieved the notice from court and is for hearing next week.
After I recieved the copy of divorce, I filed a memo to withdraw my RCA case stating she has filed a divorce case.
My question is
1) What happens if I attend the divorce case and file an objection stating that her allegations are baseless. And requesting the court to proceed with her prayer as I have also lost interest in continuing my marital relation with her and dissolving the marriage.
2) What happens if I dont attend the divorce case but attend only DVA case.
3) If any ex-partee order is passed in divorce case; can she obtain the decree copy of divorce, submit in DVA and get upper hand in DVA for her claims ?
4) Any other suggestions in this regard is welcome.
