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Simhan (manager)     21 July 2015

Dv case

Dear lawyers,

Gist of the  case is given below,

  1. Marriage took place 18 years ago.
  2. Wife  was taken by her parents  two years back leaving behind  the children of 11(male) and 14 (female)  with husband  in matrimonial home.  Took back sridhans duly acknowledged.
  3. Wife filed DV case against husband after one year.
  4. Grown up children refuses  to go to wife due to her behavior and stays with husband ,   husbands father and husbands mother.
  5. Several attempts made by wife to take children  with her  (during the period of two years of separation)  failed,   and children are deadly against her.
  6. Divorce case filed by husband in family court,  after two years knowing that wife has filed a false DV case against him.
  7. Gone through three rounds of counseling in family court, and finally  counselor’s  fed up with wife’s  statement  and false charges.  hence,   counseling failed.   Case again refered back to  family court.
  8. Summons yet  to be received  from DV court to husband  and expected any time now.
  9. Now, After two years ,wife started working in a school earning Rs.10,000 per month.
  10. Demands made by wife  during counseling in family court---- wants the children with her  and a house to stay separate with children and monetary help from husband to take care of self and children.

Under the above circumstances,   whether the demands made by wife will stand in DV court?   Whether Magistrate will pass ex-parte hearing the petitioner?  There are evidences for a peaceful matrimonial life during the past matrimonial years

How to tackle the case in DV court as it favours only false womens  not  Gentlemen. 

Experts your idea’s please keeping the above history in view.

Reg,

Simhan



Learning

 7 Replies


(Guest)

Simhan,

 

Its not time to weep but ask your children to take action against egoistic mother.  Ask your kids to  contact her in person and pacify.

Its really a shame to see such elderly people like you coming to this forum seeking legal help. This is the age for you both to be role models for your own kids than fight like street dogs in front of them in court.

 

Regarding the case, DV case is a pain in the ass, you have not explained under which sections she has filed DV without which proper advice cannot be given.

 If DV case is filed in another court and not in family court then application can moved to transfer such case to Family court.

 

Charges and allegations made in DV case stand charges only, till they are proved in court, but you have to let us know which section she has filed DV.

 

Prasad (Systems Engineer)     21 July 2015

Hi Simhan...

 

It is very very hard to belive that 11 year old son and 14 year old daughter are deadly against their mother.

 

If you have some love and trust left on your wife, and 18-years-old-marriage, then you should go for option 10 wih a pre-condition that your wife should withdraw DV case and you withdraw divorce case.

 

Your children should have absolute freedom to be with both of you as and when they need you.

 

And slowly time will heal everything sooner and you all have a happy life together.

 

But if you have absolutely lost love and trust on your wife, you should fight DV on merits.

 

As you put yourselves "family courts favours only false womens not Gentlemen. ".

 

You should have very solid proof aaginst your wife, spend lot of time and give lakhs of money to lawyers to come out of this case.

 

Be ready to roam around courts along with your kids to fight against your wife.

 

That is like a self punishment for your entire family.

 

Please evaluate Sir.

 

You win or loose DV case by your wife, everyone in your family as a whole will loose peace of mind for ever.

 

The legal procedures amplify the minor wounds and make families suffer a lot and breaks the relationship into infinite number of pieces and throws in different directions in an irrepairable condition.

 

If not today, your daughter will badly in need of her mother when her own marriage time comes around.

 

 

Adv. Chandrasekhar (Advocate)     21 July 2015

The court will ponder over that particular question that after living about 16 years with the husband and siring a boy and girl of aged 14 and 11, why a wife had gone in the middle of her life to her parental home and started to sweat out in a meagre ten thousand rupees job.  Courts expect a newly married couple with hot blood and blow up egos rock their matrimonial boat.  But, the case is quite different to deal with a woman of middle age.  She will definitely get residential rights or in lieu of that rented house for her to live.  The court will ask the children what their preference and with whom they want to stay - in a chamber in the absence of parents.  If the children will opt for one parent, the other parent will get visitation rights.  She will also get maintenance, if you are earning handsomely.  At the end, the DV case will not be decided ex-parte, and you will be given opportunity to say what you want to say,  before deciding the matter.


(Guest)

Why would a woman live and go husband after 18 years of marriage? That too to her parents house?

The problem seeems to be in you.

 

she has left the kids with you and went so that their life will be spared as you appear to have threatened kids with dire consequences.

Seriously you are an idiot.  She did not file for divorce, wants just kids with her and some monetary help from you the great.

Better go fall to wife's feet and bring her back before your own kids start losing belief in the institution of marriage.

 

Remember you have a daughter, think about her life first, leave your ego..

 

 and stop sending me pm and talk here.

Simhan (manager)     22 July 2015

Dear experts,  You may call me idiot , fool etc.,  have you to  observe the point No. 7 in my post that three rounds of counselling went through and the counsellors were fed up with her immature statements. and not with me..   This is not the first time she has gone,  she might have gone several times which i have reconciled everytime,    In a single statement i can say her character as " taking the positive advices in a negetive way"   fully brainwashed by her parents and her divorcee brothers.

Her parents took her from our house where we lived with children and my parents live seperately 500 km away,  even after calling her this time also along with children going to her house,   they throwed unwanted statements on me and children and nasty RPAD letters from her  and her parents and after a deep thought  I filed a divorce as there is no meaning in continuing life like this.    even my aged father above eighty had asked her to come back.   her father wants to take a revenge, hence they first filed a DV case " Sections underwhich  it is filed is not known yet".  I have not kept my children by threatening them.  My  Parents are now staying with me with a view to take care of children.   her parents brothers and my wife throw unwanted statements on us.  if their daughter is an angel it is for them.  but she has a role to play in a matrimonial home,  a wife for me, a mother for children, a daughterinlaw for my parents, a good receptionist for friends and relatives etc.,  some of the women spoil the entire atmosphere of matrimonial house due to their attitude.

Reg,

Simhan

 

Simhan (manager)     22 July 2015

Mr. Gyan Prakash,

You are a legal advisor, and expected to give correct legal consequences  only and your personal views coupled with presumptions and assumptions are not required in this forum.  

I would  appreciate  and thank  Mr. Adv. chandrasekar who has given a correct forethought and about the court proceedings which will give a frame for me to think and act.

Reg

Simhan  


(Guest)

You either are blinded by your ego or you really want to do time pass here.

Its open forum and you have come with a problem and not me.

I have full right to analyze your case the way I find suitable based upon my 15 years of experience as LEGAL Advisor.

I told you to tell under what sections DV case has been filed, you instead of that are continuing to argue with me?

Even now, if you want right advise regarding DV case, you have to tell under what sections has relief been sought by your wife.  Simply coming to forum and crying DV DV DV is of no use.

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