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Neeraj (Software Engineer)     06 January 2015

Help in divorce case

I got married in Feb 2014. my wife's behaviour was very inhuman with me and my family. So in August 2014 we got seperated. I have filed a divorce case in Nov 2014 after 9 months of marriage in delhi court. and on the cruelty grounds court accepted my case before 1 year clause (Non consumation of marriage till date + cruelties). as a counter blast she filed a DV case on me and my family in December 2014 in Himachal Pradesh her native place.

 

Firstly she gave the complaint in panchayat where she accused me and my family of beating her and demanding dowry from her. But in panchayat she accepted that all her allegations were just a pressure tactic. (I have recordings of her acceptance and proceeding of panchayat).

 

Then she went to police and changed her statement and accused me for mental torture(removed physical torture) and dowry demand. and also accused me of having an affair with my sister in law. And stated that i used to talk with my sister in law for 2 hrs daily. I obtained my and my sister in law call details which proves that we not even talked for 2 hrs in whole month.

 

In her final statement she again changed the allegations and removed the affair thing and now accused me of not talking to her and come late from office and used to spend my time with my friends only. I have to spend almost 10 hrs daily in office and with commuting time is almost 30-45 mins one side based on traffic. 

 

I have my expenditure records where i eat outside with her in every 3-4 days. and shopping bills in the form of credit card statements.

 

Will this changing statements will be an advantage to me? 

 

With this she did every possible thing to frame me and my family in 498A case but was not able to succeed in that. 

 

Now the first date of hearing of DV case is on 14th jan but as of now i didn't got any summons. If i didn't get summons and don't attend the hearing will this cause judge to issue an arrest warrent against me?

 

Since Sunday evening my wife is continuosly calling me and called me for 700+ times in mere 24 hrs. I blocked her number and not picking her calls as she might frame me on the basis of call record. I have written a mail to anti stalking cell in this regard. Will this also help me in my cases. Please suggest.

 

 

 

 

 



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 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 January 2015

After giving an opportunity to the aggrieved person and respondent of being heard and the magistrate is satisfied that a prima facie case of domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person prohibiting the respondent from the following acts such as Committing any acts of domestic violence

  • Aiding or abetting in the act of domestic violence

Neeraj (Software Engineer)     06 January 2015

Dear experts,

Please reply as your suggestions will help me a lot to handle this situation.

Advocate/CS Sanjeev Kataria ( Advocate)     07 January 2015

Dear Neeraj

 

Engage an advocate at HP, get the copy of complaint and file proper reply to the DV act case, Simulataneoulsy pursue your case of divorce.

it is better to go for an amicable settlement either in the from of divorce by mutual consent or restitution of conjugal rights if possible. 


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