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Shiva......... (owner)     13 June 2013

Divorce after dv being filed

Dear sir, i got married 3 yrs back. Lived with my wife only for 6 months. one and half year later both of us filed for mutual divorce( feb 2012). During mediation phase she backed off under her father's pressure. Case was closed on dec 2012. I was willing for divorce. But she and her father wanted me to start this relation again. I decided to file for Divorce. Meanwhile they filed domestic voilence case against me( April 2013). she alleged that we forced her for mutual divorce, which is not true.   i appeared before the court. My question are

  1. I have plenty of evidences to prove my innocence. If i prove it then can i get divorce in the same hearing or else should i file for it separately?
  2. If i prove that i am innocent, then what action can i take against her apart from divorce, can make her to go behind the bar?
  3. How valid are " emails, sms's, voice recordings" to present them in court as evidences.
  4. My wife had psychiatric problem, i have evidnce. How can i use it?


Learning

 9 Replies

M.Sheik Mohammed Ali (advocate)     13 June 2013

1. yes you can file separately

2. no need

3. its valid one evidence as per Evidence Act

4. its most important evidence for your divorce. before confirm that problem chronical dieses or not 

Adv Archana Deshmukh (Practicing Advocate)     13 June 2013

1] I have plenty of evidences to prove my innocence. If i prove it then can i get divorce in the same hearing or else should i file for it separately?

Divorce and DV cases are different. If you want divorce, you will have to file a seperate petition.

 

2] If i prove that i am innocent, then what action can i take against her apart from divorce, can make her to go behind the bar?

No. Its not so easy. Proving yourself innocent and proving perjury are not one and the same. 

 

3] How valid are " emails, sms's, voice recordings" to present them in court as evidences.

They can be used, provided you should be able to 'prove' the same.

 

4] My wife had psychiatric problem, i have evidnce. How can i use it?

It depends upon the gravity and severity of the problem and its effects upon day to day life. Merely having some psychological problem is not enuf. Better you show your evidence to your lawyer and let him/ her decide how to use it.


(Guest)

Dont worry. If your wife has filed false domestic violence case against you. Then divorce gauranteed.


You should thank your wife for fiiling a false domestic violence case against you.  As filing a false case [ any of it 498a, DV case]  will amount to mental cruelty, and based on that divorce will be granted for sure.


Convey your wishes to her after you get divorce, so as to thank her for filing false case against you.


Fight domestic violence case based on merits, it will take time to come out of it [3-4 years] but eventually you will come out clean.


If you dont want to run behind court halls, then you may as well consider mediation, pay her money so that she will leave you via mutual consent divorce.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     14 June 2013

nothing left to add

sridher (system analyst)     14 June 2013

as you said that your wife's health is not in good condition

 

the disease should be chronic, venereal, & communicable then only you can file divorce on the basis of consealment of disease.

Shiva......... (owner)     18 June 2013

1 - Whats ideal time to file divorce petition? Will filing divorce petition at this stage, benefit my wife in her DV case ? 

2 - How can i leave her unpunished for defaming me and my family with a false DV case?  i want her and her family to suffer even more than what i suffered.

Shiva......... (owner)     18 June 2013

i dont mind waiting for 3-4yrs. But at the end of it how can i make her suffer?? plz suggest me.

Shiva......... (owner)     18 June 2013

i know divorce is gauranteed. But my question is will i get divorce in the same ongoing DV case or else should i file for it separately after this current DV case is closed.



(Guest)
Originally posted by : prashant


1 - Whats ideal time to file divorce petition? Will filing divorce petition at this stage, benefit my wife in her DV case ? 

There is no definition for Ideal Time to file divorce petition.

Benefit?  You have to explain to the forum in general about the benefit you will get if you file a divorce petition.

Now as DV case is runnning, and IF YOU DONT WANT TO EVER GO BACK OR BRING BACK YOUR WIFE, THEN YOU FILE FOR DIVORCE PETITION, BY THE TIME DOMESTIC VIOLENCE CASE COMES TO AN END YOUR DIVORCE PETITION WOULD HAVE COME TO EVIDENCCE STAGE.  so think, what you want and act accordingly!

2 - How can i leave her unpunished for defaming me and my family with a false DV case?  i want her and her family to suffer even more than what i suffered.

 

If you come out clean in the DV case, then if in the depostion copy it is proved via cross examination that your lovely wife has lied under oath then, you can file prejury case and defamation case against her and ask compensation.


i dont mind waiting for 3-4yrs. But at the end of it how can i make her suffer?? plz suggest me. i know divorce is gauranteed.

 

Your motive is to get divorce, why bother about suffering of your wife and her family?


Stay put.  Get divorce, marry someone compatible with your mindset.


Or else, you will keep running behind cases for long time.


But my question is will i get divorce in the same ongoing DV case or else should i file for it separately after this current DV case is closed.

She has put one case of Domestic Violence, without that being proved or disproved, how will you get divorce without you filing for divorce????


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