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Krishnamurthy (Nil)     20 March 2018

Dv filed by my daughter-in-law dismissed

The false case against my son (her husband) and me (father-in-law) filed by my daughter-in-law under DV act has been now dismissed.  She did not submit even a single proof for any of her allegations since all of them are false whereas we produced a lot of proofs/evidences against her false allegations.

 

Can we file a suit for damages for all the harassments, cruelty and loss of reputation against her since her DV has been dismissed?

 

Further, she has filed a case for divorce in another court with the same false allegations (copy and paste from DV petition) and we are contesting it with our same solid proofs/evidences. We expect her to come for MCD. She also filed IA for Interim Maintenance in this divorce case and the court ordred for IM. My son also filed Interim Applications for custody of child (daughter) and Return of aricles which are pending.

 

Under these circumstances, can my son submit a memo requesting the court for granting divorce as prayed by his wife without admitting the allegations? In this case, what will happen to the IAs for custody of child and recovery of articles? Can he request in the same momo to pass orders on these IAs on merits before or during issue of final order on her man divorce petition giving divorce order now?

 



Learning

 10 Replies

Vijay Raj Mahajan (Advocate)     20 March 2018

No memos given like this, either you deny the allegations or admit the allegations made against you in the divorce proceedings. No reply or WS to divorce petition will amount to admission and court will proceed with the divorce case on the basis of the averments made in the divorce petition and decide it on merits.

Kumar Doab (FIN)     20 March 2018

Check with your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record …………and worth his/her salt…

It is felt that you can.

Defeat the allegations/averments in current case as well.

Welfare of child is of paramount importance before courts of law.

Establish the welfare of child is under other spouse (Father as in query) and not with other spouse that is unfit due to conduct….

Pray to court that other spouse (Mother as in query) should also pay for maintenance of child….

Likewise establish recovery of articles…

 

Kumar Doab (FIN)     20 March 2018

MCD; The party that has lost may not be able to negotiate to extract undue benefits…..

Let your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record …………and worth his/her salt…draft the T&C for MCD…keeping your long terms interest(s) in mind…

 

 

sai narayana   20 March 2018

In your written statement (counter) your son can write what you stated in the last paragraph of your query.

sai narayana   20 March 2018

In his written statement (counter) your son can write what you stated in the last paragraph of your query.

KISHAN DUTT KALASKAR (Advocate)     21 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert

Krishnamurthy (Nil)     21 March 2018

Why complicated?. It is very simple as I mentioned that she has no proof for any of her allegations and we have lot of proofs against her false allegations. I do not understand your views.

Krishnamurthy (Nil)     21 March 2018

Why complicated?. It is very simple as I mentioned that she has no proof for any of her allegations and we have lot of proofs against her false allegations. I do not understand your views.

Krishnamurthy (Nil)     21 March 2018

Why complicated? She has no proof for any of her allegations and we have lot of proofs against her false allegations. I do not understand your views.

Krishnamurthy (Nil)     21 March 2018

Why complicated? She has no proof for any of her allegations and we have lot of proofs against her false allegations. I do not understand your views.

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