False Domestic violence case

@ Author

1. If no allegations of DV against your extended relatives then one can get discharge of their names from the complaint suit. Means prime facie the cases is against you and they simply roped in to give extra falvour to DV charges then they all can be removed as per several rulings of Mumbai HC in recent past. Your ld. Adv. is supposed to know these.


2. The intensity of cruelty in different couples life are different and as per proving with witness / evidences constructed. So prime facie you seems to show grounds to get divorce suit atleast admitted.


3. Suit transfer are heavily leaning towards ladies side and it is not rocket science to get one such suit transferred from HC as HC has such power for intra – district suits transfers. However, if you can offer conveyance money to her side and show your side of hardships then the transfer also may not happen who knows and it all depends on your scheme of things to do in due course and without seeing the plaint atleast I can’t comment more.

4. S. 498a IPC and other IPC including DP 3 are in-built into this Bharat Ratna DV The Act so if you file divorce or keep watching DVD at home if Magistrate court is convinced enough on her plaint reading that 498a read with DP3 is also possible then at finality of DV Act she may add these sections and for that your lady in life need not have to beg now-a-days to police for the same. That is the sure shot buffoonery of this Act now-a-days called as Bharat Ratna Dream Violence Act.


5. Once she files for DV and you filing divorce means you are adding fuel to her DV theory by allegedly contra minding acts of misconduct / civil wrongs advantage of when quasi civil / quasi criminal proceedings sub-judice. Hence why hurry let her do all the work around if she is convinced to part way then you sit back let her file suits upon suits respectively and one day she has to sit across you so why spend your hard earned dime now on some piece of wall frame and chase decree in divorce proceedings which you and we all know when a husband files is not granted so soon.

6. You have to prove ability to earn and or having income capabilities of her in past and present. There is a separate post of last week where I gave link of earning capacity of wife’s use that link to calculate how much she is capable to earn and using authorities of your State HC contest maint. suit. Concerning lumpsum payment it all depends if no contest then one shot payment if contest then no payment at all and more over lumpsum payment is at the end of the trial awarded. She might have asked maint. under various heads from S. 18 – S. 20 DV Act and that is general template tendencies of most of metro wifes donot worry. 

Actually, I have also contacted lawyer who is friend of my relative and having good exp. in mumbai for advice for second openiuen.

He advised to file divorce petition on cruelty ground and lawyer at my home home town who is handling DV case is saying this is right time to file divorce petition.Also, It may have some bad impact on DV.

Please advice.

Thanks

if you already not filed divorce petition, then rcr will be suitable for you. rcr also end up with divorce.

498a, dv, divorce, maintenance all are diffrent issues will be decided in it's own merits and demerits.

now prepare a list of witnesses and collect evidences of her cruelty, desertation by her, proof evidences and witness of her leaving matrimonial home, - without sufficient cause.

My lawyer in mumbai says RCR is not suitable for me as she is not willing to come and I have to wait for 2 yrs if rcr approved and she won't come to file divorce and it is not good to wait 2/3 yrs of life looking at my current age 32.

Actually, I have also contacted lawyer who is friend of my relative and having good exp. in mumbai for advice for second openiuen.

He advised to file divorce petition on cruelty ground and lawyer at my home home town who is handling DV case is saying this is not right time to file divorce petition.Also, It may have some bad impact on DV.

Please advice.

Thanks

@Taj thanks for replies.

Reply  #4 is not clear to me as please explain.

1. What is mediator prodecure?

2. How long it takes?

3. Will it be Private - Confidential?

4. Both parties are mandatory or can we make it as mandatory?

Is mediator and Counsellor are same?

yes..especially if YOU have filed for divorce...if you want,you can simply refuse to go for the mediation.....Just tell the judge/your attorney