Section 12
Sujith
(Querist) 06 September 2013
This query is : Resolved
Dear experts,As i had posted yesterday that i am facing dv and court ordered me for to pay her 4000 monthly.I have her written statement in a stamp paper which she stated that she is leaving the society on her will and "if the views of me and my wife will not come on a single platform within 3 months then she will file divorce"but she didnt came to me within 3 months and after 6 months she filed dv against me.i want to know that is that stamp paper valid in court which she written on her own handwriting.
V R SHROFF
(Expert) 06 September 2013
Though it is a valid Evidence, on her admitting in Witness box, it is not binding on her. [She may claim forced doc]. So she can claim 4k in DV.
Sujith
(Querist) 06 September 2013
shroff sir,she wrote it in front of a police officer and i have the same in photograph too.and i have the video recording which she and her family taking all her jewlleries.as you said she claimed in her notice that the police officers taken some blank papers signed from her.if she denied the same can i file application for handwriting experts?can i have the right to tell the court that i will maintain her only in one condition that if she lives with me?
ajay sethi
(Expert) 06 September 2013
post your queries in same thread . you cant force your wife to stay with you . as pointed out by Mr shroff you can use the said statement during the trial of your case . as on date order of maintenance stands . you have to comply with said order
Rajendra K Goyal
(Expert) 06 September 2013
You, police or court can not force any couple to live together. Court can pass order, it can not implement it forcefully.
You can use the evidences with you during proceedings,
Raj Kumar Makkad
(Expert) 07 September 2013
You can definitely can get the DV case decided in your favour on the basis of ample evidence in your hand by leading it properly before the court but even then neither you can force your wife to live with you or go for mutual divorce.
Raj Kumar Makkad
(Expert) 07 September 2013
You can file a separate petition seeking divorce on the ground that a false DV case had been filed against you after the disposal of DV case.
Rajendra K Goyal
(Expert) 07 September 2013
Agree with Expert raj kumar makkad ji. nothing more to add.
