Adoption

1. Nil

2. You ultimately succumbed to her motives after 13 years of seperation.

3. Crude opening remarks by an advocate you will say. I will refresh laws to you then hereinunder;

3.1 - Did you file with local police missing person report on the date she eloped?

3.2 - Did you later approach Hon'ble State HC to give direction to local police when they sat on your report application to direct them for her production before Court?

3.3 - After exactly 7 years of her not heard of, did you file for divorce?

3.4 Well now that 13 years have elapsed and she is before us with DV complaint then the legal question is how it is being operating on retrospective effect when DV Act was made operational w.e.f. 26-010-2006 and whereas she left matrimonial home on her own violation in 1996 that is 10 years back when no such Act was even there?

3.5 When she has produced an illegitimate child after eloping how come she is claiming "continuation of offence under DV Act" to frivolously press for the same and on top got relief (which you say you are paying from your nose) on this ground itself?
3.6 A Hindu wife could adopt a son to her husband but she could not do so during her husband's life time without his express consent.
4. Your case is too weak + your Advocate is not sound in principles of Law + you need lot of homework to do to challenge DV Act applicability upon you is my core view.
4.1 – Which State’s sub-ordinate Court she filed DV Complaint from?
4.2 – DD/MM/YYYY of DV Complaint filing date + DD/MM/YYYY of protection order under DV Act she received as relief?
4.2 – Which is the city parties last resided?

The cases are going on in the state of west bengal where my marriage had taken place in the year 1986.

She ran away in in the year 1996 from Chennai where I was posted at that time.

On the same day I filed a missing person complaint at the local police station of which I have a copy.

The DV act case was filed in 2009 that is 13 years after she ran away and the divorce case was filed by her subsequently in 2010.

All along my children have been with me and my daughter is now pursuing her graduation in medicine and son is

doing his engineering.Please advise me what I should do to win these cases.

1. Hire a better Advocate is all that I can say right now.
2. DV is not applicable in your case at all.