Total false dv
Rakesh Kumar
(Querist) 18 August 2013
This query is : Resolved
Dear Learned Experts,
My divorce case is already in process since Sep 2012 on grounds of Adultery & cruelty by wife. In June 2013 she has done Total false DV case. I will be shortly filing my reply in DV along with docs/proofs good enough to prove firstly her adultery, secondly her negligence & cruelty towards children(7 & 3 yr) & also her violent nature.
Query is that she has just submitted application in DV case for seperate residence for her & children. I have all school, medical & other daily routine docs of children to prove that i am only looking after the children along with their grandmother. Elder child can also tell court that they don't want to stay with mother & also confirm other facts. My wife says if I don't pay her Big Amount to settle all cases she will run away with children & prolong divorce case. I dont want to spoil future of children with this talk of the town adulterous & cruel lady. Please advice what can be done & whether DV court can allow to take children with her now or later.
ajay sethi
(Expert) 18 August 2013
welfare of children is the paramount consideration . court would take into account wishes of children whilee deciding her application for custody of children .
In DV case she can claim right to stay in shared household . in the laternative she can ask for separate accomodation .
it is always advisable to arrive at an amicable settlement . you can convert your case into divorce by mutual consent
Devajyoti Barman
(Expert) 18 August 2013
If the children shows their willingness to stay with you, then your wife would not get their custody.
So fight the case on merit and take care of the children.
prabhakar singh
(Expert) 18 August 2013
i would also not add anything more.
Raj Kumar Makkad
(Expert) 18 August 2013
There is no need to add as the relevant reply has already been provided to you.
Rakesh Kumar
(Querist) 19 August 2013
Dear Experts,
As per my initial query plz clarify if custody of the three year old can also be given to me in interest of welfare of the child as he cannot express himself at this age, specially when children are very attached to each other & all faults of my wife are proved in court.
prabhakar singh
(Expert) 19 August 2013
Very hard to get custody of 3 years minor child by father.Court would be inclined towards mother unless you have very clinching evidence to so that child custody
with mother would be too dangerous for the child.
Devajyoti Barman
(Expert) 19 August 2013
Right now you are unlikely get the custody of 3 years child. However you can get regular visitation rights.
ajay sethi
(Expert) 19 August 2013
you wont get custody of 3 year old child . you will get visitation rights
