Is the dv case decision binding on family court, divorce cas

RCR gets erased once the wife files 498Aand DV on the husband.UR total  points don't hold good  as long as these are pending.

Le bhai citations..

Good Luck Man!!!

Sorry that I do not have exact citations but can say that you will find enough judgments based upon the following info:

Usually, a criminal case is NOT binding on a civil case but DV is quasi-criminal so its a bit of a gray area. But that aside, the moment you file an appeal, the lower-court order/factual-findings/decree cannot be used as res judicata defense in a parallel proceeding on the same subject matter. That is, when an appeal is filed, the order/decree/judgment has not attained finality and therefore it cannot be relied upon, in any manner, factual conclusions or application of law, in another proceeding. However, sworn testimony given in those proceedings can be used provided that the official transcriptt of that testimony is brought on the record during cross-examination in the new proceeding.

If DV case attains finality (you stop appealing at some point after losing), the fact that the wife was subjected to Domestic Violence can be used by her to get divorce. It can also work the other way - if she loses (DV or any criminal case), the fact that she filed a false case against you can be deemed cruelty to you and you can use that to get divorce yourself. Divorce based upon cruelty by wife can work in your favor when she files for maintenance.

Findings of social services officer may have a psychological bearing on the Judge but the Judge is NOT bound by those findings in any manner whatsoever.  If the Judge concurrs with the social services officer, the Judge may reference the finding to support its own independent factual conclusions based upon testimony and evidence before it. Otherwise, the Judge will simply ignore that finding if it arrives at its own factual conclusion which is contrary to the social service officer's finding.

Desertion is a complex basis for seeking divorce. Usually, the wife who has deserted claims that the husband has made it impossible (cruelty, harassment, torture, etc.) for her to live with him and she has therefore left the household. So, merely asking your wife to come back is not sufficient legal basis for the judge to accept that RCR should be granted and/or that you have not deserted her. In short, the deserter herself may claim to be a victim of desertion, which is implied-desertion by you. This appears to be your wife's approach.  

You seem to be on the right track - filing RCR. At the minimum, it shows (at least in the eyes of the COurt) that you are keen to get back with your wife. If you do not want divorce, you can harp on that aspect continually and even make statements directly to your wife, pleading her to come back, in front of the Judge. All this helps though lawyers will discourage you from using such a strategy...

GOOD LUCK!!!