Once divorce is granted what will hapen wit existing dv case

Your DV will continue but since you got divorce under cruelty, its a good possibility that you will win the DV case. if u submit the divorce judgement in DV.

 

Also, ur wife can appeal the divorce and have it reversed. So don't celebrate as of yet!

Thanks q slinger for your prompt reply. So do i need to plan for quashing or dissmisel of DV , will it b benificial? As leteat SC judgment says after divorce alao wife can claim under DV act.

Thanks q slinger for your prompt reply. So do i need to plan for quashing or dissmisel of DV , will it b benificial? As leteat SC judgment says after divorce alao wife can claim under DV act.

File the divorce decree in the D.V. case.  As the divorce decree is passed by the A.D.J and the D.v. case is to be decided by Magistrate, who is lower in the rank than A.D.J. and further, divorce has been granted on the ground of cruelty from the wife, that the D.V. case would be in all probability decided in your favour.  The important thing is the relief what she sought in D.V. case, i.e., residential right won't be granted, protection rights can be granted based on the facts and maintenance and compensation is a difficult possibility and the certified copy of the divorce tilts every thing in this case in your favour.

Thanks Mr.Chandrashekhar sir, Right , only thing is that the property in which i and my old age parents residing in is joint property with wife with loan amt. of about 20 lakhs for 25 year term. All payments of emi and other done by m only and i have also submitted all the suppprted evidences for the same . And she lie in both couts dat ahe is making all payments till date and no evidences. She has claim for - protection, residence , and lumpsum compansation in dv.

You should put your divorce judgement on record in the DV case. This is help you to win the DV case.

 

Simultaneously you should consult a designated senior high court lawyer and take advice whether you should move for quashing or not in your DV case based on the recent positive development.

Thaka alot 498a filed for ur reply

Thaka alot 498a filed for ur reply

hello,

dv case will be decided on its own merits.

Thanks rahul for u.reply. Can anybody answer how property issue will be handled in the same dv case?

Ownership and/or title rights of property cannot be decided in DV case.  Only stay can be granted against dispossession during the pendency of the DV case.  Presuming that DV case will go in your favour and it will be dismissed, then also she can claim the half of ownership of the property in separate suit or invoking the family Act provisions, the latter being cheaper and expeditious.  Prima facie, the the title indicates that both have equal shares.  The evidence which you bring in the case showing that the earnest money and instalments have gone from your coffers by way of bank cheques/drafts, may tilt the balance in your favour.  But that is not sufficient.  If the wife was/is a working woman and she also had her monthly income and if provides evidence to show that she had been regularly paying the cash / cheque to you and after accepting that amount, you have been drawing cheques in favour of builder, then she can invoke her claim to her share.  In addition to this, if she succeeds to show that even the matrimonial home has been run through her income, while you are paying the monthly instalments to the builder, then also she has got the case.  In addition to this, if she succeeds to show that she brought her stridhan and/or dowry and it has been invested in the property, first by giving it to you and you put them in your bank account and later on drawn on the builder, then also she has got case.  In a nutshell, by just showing that you had drawn cheques on the builder is not enough to prove that half of your property is benami transaction in your wife's favour.  What you have to show is that during that period, you have not drawn or taken any amount from your wife or inlaws and also you discharged the responsibility of running your matrimonial home.  If your wife is not a working woman, then also one more ground is available to her to ascertain her half right in the property being a housemaker.  So, every thing depends that how evidence will be led in a separate suit.

Thanks a lot chandrasekhar sir for ur precise guideline. Also inhav evidences that my parents old house they sold and gve me moeny for purchasing this flat. So it will b benificial ? Can i add my parents name in flat registry now in my share ? what will b the best work around for making release deed from her or any proactive and preventive action can i take for the same ? Thanks in advance

Dear Sirs,

Is there any provision under which i can prevent her to enter forcefully  this house ,with concern to

my old age parents health & safety, in above case.