Domestic Violence
Paul Moses
(Querist) 04 July 2014
This query is : Resolved
My wife has filed for divorce in 2013 one month after shifting from bangalore and given a sworn affidavit to the court in the new place when jurisdiction issue was raised. Now she has given a false affidavit as she is not a resident there. I filed for RCR from Bangalore & she has refused three summons from the court. After a year now in order to harass me she has filed 498a and DV from a separate jurisdiction while the divorce case s still pending as i have contested it. Now after i contested the DV and a showcause is being given to her. Last week she filed another DV in another court again n me and my mum. She also has a FIR on her u/s 506/507/IT Act 66a on her in Bangalore for threatening me with life and harassing my family. Also these DV etc is filed after her brother was sent to judicial custody and released on bail u/s 420 & 406. Now what case can i file on her for all this and can a woman file two DV cases in a months time. ??
,
ajay sethi
(Expert) 04 July 2014
dont file any further cases . more cases you file more time you spend in courts and pay legal fees . wife cant file 2 DV cases in respect of same cause of action . inform the court about pendency of earlier Dv case in respect of same cause of action
Paul Moses
(Querist) 04 July 2014
Dear Mr Sethi, i thank you for this valuable advise Sir. Sir i am not willing to give divorce as we have a son aged 3 years and am willing to
contest as long as it takes. Also contest these allegations as they are utterly baseless. What wud be d best thing to do legally sir.
ajay sethi
(Expert) 04 July 2014
you cant force your wife to stay with you . contested divorce cases go on for 5 years or more .
fight DV and other cases on merits
Paul Moses
(Querist) 04 July 2014
There is no question of forcing sir. I am and will be solely fighting on merits and as law permits
Paul Moses
(Querist) 04 July 2014
There is no question of forcing sir. I am and will be solely fighting on merits and as law permits
V R SHROFF
(Expert) 04 July 2014
I FULLY SUPPORT THE VIEWS OF Mr Sethi,
WIFE cannot file 2 dv cases, so move appli to merge / dismiss second one.
Challenge Jurisdiction , of court where she do not reside,
Devajyoti Barman
(Expert) 05 July 2014
yes apply for quashing as two DV case does not lie.
Rajendra K Goyal
(Expert) 05 July 2014
Proceed as advised by the experts, if you do not want to divorce, do not agree for MCD and let the contested divorce proceed.
T. Kalaiselvan, Advocate 
(Expert) 06 July 2014
The experts have very properly addressed your query, you may follow the advises rendered.
