Dv case help

It is because of the lax attitude on your part that now you have landed straight into the trap of your 'factually' ex-wife. Even if your initial divorce case was dismissed, you could have filed another case on the new ground of desertion, and obtained a decree of divorce! Hence now the factual situation remains that your de-facto ex-wife is still your de-jure wife, i.e. the marriage is subsisting. You are fortunate that your ex-wife has not filed a criminal case of Bigamy u/s494IPC........If she has filed a case u/s 18 of Hindu Adoptions and Maintenance Act.  By your conduct she has developed a 'valid' reason for not staying with you; thereby satisfying the ingredients of Section 18. But clause 3 of section 18 gives you another chance to prove her unchastity.

See, fathering a child from the new new lady does not automatically prove that U hav remarried. If u have not formally married that lady & no marriage card/photograph is there, then nothing 2 worry about bigamy charges.

At the most, ur ADULTRY SHE CAN PROVE. The penalty for that is divorce+heavy alimony. Best way out is mutual consent....see if she can be made 2 believe that marriage is alrady dead & u r ready to provide enough money too.

rajiv

On the above note, is n't the marraige is dead after seven years if the spouse whereabouts not known of seven continous years.( even if she is separated and stays in known place) Even if she goes to court what answer she will have for continous separation of 11 years and will that be accepted, even in latest Punjab HC ruling it was held of the view that women returning after three years is only an eye-wash.

So srinivas file divorce case on the ground of failure of cohabitation for seven continous years, and take DV case saying there is no domestic relationship for past 11 years.

Coming to your query on child, even if adultery is proved, since she willfully separated for many years and on her earning capacity it will be less.

Please consult a good lawyer on above ground and proceed.

Thank you all. We have a short stay together in 2006 thru mediators. After that I filed for divorce on the grounds of cruelty. For which she asked for huge amount for settlement. There is no dowry at all, I am not willing to pay to her. I would like to go thru hard way, mean while do not want to waste my life, thru close friends having current live-in relation. My questions are still same, does this DOB certificate prove anything? Irrespective of truth we have to prove I guess. I found from Muncipality website it is easy to find and get certificates with similar names. My question is this certificate doesn't have my DOB or address etc..just my name. I also looked into the database with my wife's name there are 4-5 records of DOBs. Can I present those records to judge ? to bring the point it is not really valid.

No problem with this type of Birth Certificate. For bigamy charges to stand, there shud be a MARRIAGE, nothing less.

If she cries adultery, she is free to seek divorce + alimony

try to be straight forward, even you dont like her, it is your destiny she is your wife till court says the otherway, and try to face things in right way and not indulging in finding BIRTH CERTIFICATE FROM the system in your ex wife name, face the law and try to find amicable solution, file a new MCP UNDER 13 (B) and find a way for 

maintanence also, from your version she is behind money and not for anything else.