Failiyar of cause of action in notice
g.venkatraman
(Querist) 05 July 2012
This query is : Resolved
i am advocate ,i sent a legal notice for restitution of conjugal rights against wife after 2.6 year separation from husband without valid reason but after the wife was receiving notice then replayed formally without cause of action, only motive for prevent filing case in husband native court,within 8 days wife has been filed same restitution of conjugal rights against husband with Creation of the false cause of action including adultery grounds , sir if you any ruling for above said fact then inform to me through my email advogvr@gmail.com
Devajyoti Barman
(Expert) 06 July 2012
Anybody can file any case. The proof is subject matter of evidence.
Since you also want that then appear and file counter claim for same relief.
Rajeev Kumar
(Expert) 06 July 2012
Anyone can file any case. The matter in dispute is depend on proof of evidence. You also want restitution then appear in court and file counter claim.
Rasik Dagli
(Expert) 06 July 2012
Your query is not clear. what you want to say -then replayed formally without cause of action.
Even being a Lawyer you have not given clear picture. Please clarify for proper answer.
RASIK DAGLI
Advocate.
girish shringi
(Expert) 06 July 2012
Apex Court's judgement is specifically made in cases of woman,that the case is to be filed in the jurisdiction of the territory of woman in cases of DV.
Raj Kumar Makkad
(Expert) 06 July 2012
As you both want restitution though she has leveled some allegations in her petition but intesion of both parties (if the same is true) is to live together then without going in depth of the allegations or contents of her petition, make a compromise in the court and bring her to your house and lie with mutual understanding and keeping on mutual trust which is base of a happy married life.
