Dear Members, Please calrify some issues regarding domestic viloence for me. I am 42 and had filed a Divorce case against my wife on grounds of cruelty and dessertion, as she had an extra marital affair. Meanwhile her boy friend dumped and and now, she doesn't want divorce and has been trying all delay tactics in court since 26 months(since the case is on). 1 year back , she had filed Domestic violence against me and my mother, on totally baseless grounds as there was no cruelty ever meted out to her in 20 years of our marriage. She had filed it simply to continue living in my mother's house even though I have moved out. However, my mother never received the summons for domestic viloence.
During the divorce case at family court, the judge first passed an order for providing her the keys of the main door fmy mother's house, despite my plea and argument by my lawyer, that how can i provide keys, when i don't live there and the house does not belong to me. My mother filed an application as an intervenor which was again rejected by the same judge. The judge mentioned that he has passed this order under D.v ACT. Does this order deem fit?? Specially when my wife has wrecked havoc for my aged parents in that house.
In the last hearing, the judge declared that all pending applications will be heard. And he dismissed all applications from my side and gave an order of accepting Domestic viloence.
My query is how can he pass an earlier order under Domestic violence act, whn he claims to accept D.V application now?? Also, can a family court judge pass orders on D.V? When my mother never received summons regarding D.V, how can she be dragged in this case to provide her house keys and put her safety to risk.
Both my lawyer as well as my wife's lawyer have been asking ehr to come to table and negotiate for a mutual settlement as it si a dead marriage, but she refuses, as her sole aim is harrasment. Please suggest solutions to help resolve matters in a mutually consented way.
Looking forward to helpful replies. Thanks in advance.
