Dv and divorce case
Querist :
Anonymous
(Querist) 11 December 2020
This query is : Resolved
Respected experts,
I have given evidence of cruelty,abuse in my dv case filed but unable to give the same evidence again in husbands divorce case due to job transfer.The WS of divorce is replica of my dv plaint.Dv filed before husband divorce.No counter claim, alimony asked in divorce .
Do i need to prove cruelty in both dv and husband divorce case ?
As I have not given evidence in divorce does my WS stand false ?
Thank u in advance
Isaac Gabriel
(Expert) 11 December 2020
WS need to be corroborated by evidence.If you do not appear it may go against. Consult your lawyer
Advocate Bhartesh goyal
(Expert) 11 December 2020
Yes,contents of w.s needs to be proved by evidence,if you fails to adduce evidence, your defence is not tenable.
Querist :
Anonymous
(Querist) 11 December 2020
Sir ,does it mean that even if I prove cruelty in dv its of no use ?
Advocate Bhartesh goyal
(Expert) 12 December 2020
Both the cases are different in nature and reliefs sought in them are also different so you have to prove/ disprove separately.
Querist :
Anonymous
(Querist) 12 December 2020
Thank u sir for the reply
Sir the reliefs and nature is different ,but the issues are same whether husband treated me with cruelty or not ? How will the issue attain finality if decided by two different Courts ?
P. Venu
(Expert) 12 December 2020
You can seek production of the records of the decided case before the family. Still then, you need to adduce evidence to prove the averments in your Written Statement.
Dr J C Vashista
(Expert) 13 December 2020
I concur with opinion and advise of experts Mr. Bhartesh Goyal and Mr. Iasaac Gabriel.
It is in your benefit to submit your written statement disproving averments made by husband in the divorce suit, which can not be correlated to the complaint stated to have been filed by you under the provisions of Protection of Women from Domestic Violence Act, 2005.
Dr J C Vashista
(Expert) 13 December 2020
You have already engaged / paid an able, competent and intelligent lawyer who is well aware about the facts and circumstances of the case(s), what is his / her opinion / advise ? Follow it and proceed as advised if you have not lost your faith in him / her, otherwise change him / her immediately.
It would be advisable to consult and engage another local prudent lawyer for better analyses of facts/ documents, professional guidance and necessary proceeding.
Querist :
Anonymous
(Querist) 13 December 2020
Sir ,I can't rely much on my lawyer but because of monetary problem cannot hire a new lawyer .
Guest
(Expert) 13 December 2020
Only for the persons like you in Courts we have the Free Legal Aid Cells. Contact them in your concerned Court Campus.
Rajendra K Goyal
(Expert) 13 December 2020
Agree with the advice from expert Advocate Bhartesh goyal.
