Urgent query regarding divorce & pwdv
Sunil Sharma
(Querist) 13 June 2012
This query is : Resolved
I filed a divorce case against my wife on the grounds of schizophrenia and cruelty. After around 3 months of getting the summon from the court, my estranged wife filed a case against me under PWDV Act. The concerned Protection Officer informed me about the case filed by my wife and asked me over phone to appear before him. I told him to send me a summon otherwise on verbal instruction I can not appear. After around 1 month, the summon came from the court itself and in the complaint of my wife it was mentioned that the report of the Protection Officer is enclosed. It is an after-thought case as it has been filed after I filed the Divorce case. Moreover, in the complaint my wife has asked for 50% of my income (towards cost of alternate accommodation, medical expenses and daily expenses etc) per month. She made several false accusations in the complaint and hided her employment details. I have submitted written objections and brought to the notice of the court about her employment details. In the meantime, through interventions of common friends, all her belongings in my house have been handed over to her and she has given it in writing. It was told that after the materials are handed over, she will agree for mutual divorce. But after getting the materials, she did not agree for mutual divorce and submitted an affidavit-in-chief to proceed with the PWDV case. In the Affidavit-in-Chief she reiterated her accusations as in the original case and has submitted that her materials are still there in my house. However, she has given me in writing that all her materials lying in my home have been satisfactorily received by her. On the other hand, in the divorce case, she initially gave her written objection and subsequently when the divorce plaint was amended by me, she did not give any written objection even after several dates granted by court. Subsequently issues have been framed for divorce, which primarily focus on why the case is not maintainable as she mentioned in her 1st WO and my assertions in the case. My wife is delaying the divorce proceedings by sometimes remaining absent and sometimes telling that the date was not properly communicated to her by her lawyer. However, she is appearing regularly in the PWDV Case
In this context, my questions are :
1) What can be the reasons for not appearing in the Divorce case but pursuing the PWDV Case?
2) What actions can I take if I can prove that even after getting her materials and admitting it in writing, she has given false statement in the Affidavit-in-Chief?
3) What actions can I take when she has given false statement about her employment and earnings?
4) Any other suggestions how to proceed in the case
Devajyoti Barman
(Expert) 13 June 2012
1. May be maintenance is more important to her.
2&3. Apply for perjury.
4. Fight placing the evidences to disprove her case.
ajay sethi
(Expert) 13 June 2012
she wants to harass you and your family members . she wants her pound of flesh meaning mainteance , laternatibe accomodation
in your cross examination draw attention to writing given in her handwriting to discredit her
draw attention of court to fact that she is emplotyed earning well and false staements made on oath
dont take Dv case lightly . have regular confernces with your lawyer and attend on each date
ajay sethi
(Expert) 13 June 2012
she wants to harass you and your family members . she wants her pound of flesh meaning mainteance , laternatibe accomodation
in your cross examination draw attention to writing given in her handwriting to discredit her
draw attention of court to fact that she is emplotyed earning well and false staements made on oath
dont take Dv case lightly . have regular confernces with your lawyer and attend on each date
Shonee Kapoor
(Expert) 15 June 2012
You filed the divorce case which she wants to prolong, whereas the DV she would get maintenance and money, which she wants to get at your expense.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sunil Sharma
(Querist) 16 June 2012
Thank you sirs for your response and advice. Even after getting her materials and acknowledging it in writing, she has gone ahead in asserting in her affidavit-in-chief that all her belongings are there in my home! Moreover, in her main complaint she has stated that she is not working but in the affidavit of that case she has mentioned her profession as employed and I have mentioned it in my Written Objection! Still in a dare devil way she is pursing the case to harass me and my family. Even at the risk of being termed as 'Misogynist', I find the sagacity of Chanakya so apt, who in Chapter 1, Para 17 in 'Chanakya Niti' said "Women have hunger two-fold, shyness four-fold, daring six-fold, and lust eight-fold as compared to men"!!!!
