Re damages suit
sunnir
(Querist) 05 April 2017
This query is : Resolved
Sir,
I am a converted christian and got married with a christian girl we both are from same community in India. After a short span of time due to differences in life style, thinking etc we got divorce by executing a divorce deed before public notary which was signed by both parties and witnesses. This custom is prevailing in our community in gujarat.
After some time I approached passport office for deletion of spouse name from my passport for which they asked divorce decree. A clause for passport is mentioned in our divorce agreement. So we contacted my x wife and her parents for their co operation in this matter. They became evasive and started fighting with us. Hence we call police and filed chapter case against them and later she filed many cases against me and my family including DV, 498 etc but we acquitted ourselves in all these matters after years of fighting. My petition for divorce decree case is still pending.
My question is whether I can file a suit for damages against my x wife for breach of trust and for filing bogus cases against my parents who are senior citizens. How much is it worth to file a suit for damages in this situation and how much time it takes?
Please advise. I will appreciate all your help!
Thanking you,
Adv. Yogen Kakade
(Expert) 06 April 2017
Very first thing is you are not divorced, the document of divorce deed mentioned by you is not valid. You wife filing false cases against you and your parents and you getting acquitted shall be a support for your divorce petition. For filing more cases contact a local lawyer.
Dr J C Vashista
(Expert) 08 April 2017
Pursue your divorce case and obtain a decree, later on consider filing suit for damages, which you can file.