Help for domestic violence counter attack

Whether any mediation have been done by the court, or whether her lawyer have requested the court to forward the matter to mediation cell? what is the report of the cell? has she got any interim order from the court for right to residence?

please take help of high court and supreme court judgements regarding share household property. Check for justice dhingra order regarding share household regarding DV Case in google. it may help you out. Is your wife cohabits with you or is she with her parents place. check out for preeti gupta case v/s. state of jharkand in 498a case.

please take help of high court and supreme court judgements regarding share household property. Check for justice dhingra order regarding share household regarding DV Case in google. it may help you out. Is your wife cohabits with you or is she with her parents place. check out for preeti gupta case v/s. state of jharkand in 498a case.

Replying as Denied is best way to avoid future complications.

File reply withing said period or you will be in trouble.

Unnecessarily, making false allegations against your wife is not good, it may back fire in long run of the case.  

But you will have to explain in detail as to what happnd between you both ie there as no scope of DV to happen and that DV did not happen. 

If your wife has filed a case of Domestic Violence after the initiation of the divorce proceedings between the two of you, then you can approach the court and show the mala fide intent of your wife in filing that case. Further, you need to adduce some evidence that shows that you were not in cohabitation since she wilfully deserted you and there was no opportunity for any kind of domestic violence to take place. Secondly, do not think of your proceedings as an attack against her, no matter how angry you are. She is the one at fault and you are merely trying to get justice and some stability in your life by going to the court. You must appeal to the court to strike down the false cases as malicious and filed with ulterior motives. You can also add the claim of cruelty to your divorce petition as filing of false charges would constitute an act of mental cruelty. The case of Mrs. Deeplakshmi Sachin Zingade vs Sachin Rameshrao Zingade in the Bombay High Court, (FAMILY COURT APPEAL NO.120 OF 2009) also explained that filing of the complaint itself can never be considered as an act of cruelty unless it is found by positive evidence that it was a false complaint. So you will need to provide some solid proof that the case was false.

Regards,

Advocate Ashok Kumar; www.lawkonect.com

Hello,

You can file evidence in the form of an affidavit or an annexure to your reply. As long as the court has a copy of the documents, it will be acceptable as evidence at any stage of the proceeding. There will not be any specific evidence stage since this is not a criminal trial but a family matter. You should bear in mind that the documents must be relevant to the proceedings and strengthen only your case, 

Regards

Advocate Ashok Kumar; www.lawkonect.com