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Fighter   17 December 2016

Quash of dv

Dear Experts,

Myself & Family members are forced for false allegation on DV. Now i have quashed this in high court, requested a stay on this.

All family members & including me are not necesary to apply on lower court. They have given date for next week to have talk with both parties, with both lawyers. Talk will be like permanent only i guess.

My doubt is if they dont go for settlement what we offer, what will be next?? Will they again go for lower court, or should they prove in high court for what we called or they can move to further higher courts.

What ever allegations they have given are all beleived to be false & also i have the respective proofs for the same. Other party also wishes to finish as soon as possible, but they demand more money beyond our capabillity. Please advice

Thanks!

 



Learning

 5 Replies


(Guest)
Originally posted by : Fighter
Dear Experts,

Myself & Family members are forced for false allegation on DV. Now i have quashed this in high court, requested a stay on this.

All family members & including me are not necesary to apply on lower court. They have given date for next week to have talk with both parties, with both lawyers. Talk will be like permanent only i guess.

My doubt is if they dont go for settlement what we offer, what will be next?? Will they again go for lower court, or should they prove in high court for what we called or they can move to further higher courts.

What ever allegations they have given are all beleived to be false & also i have the respective proofs for the same. Other party also wishes to finish as soon as possible, but they demand more money beyond our capabillity. Please advice

Thanks!

 

If DV is quashed, then dont give a penny and just ask for mutual divorce. If they agree well and good, if they dont they might as well go for contested divorce.  Keep paying one time alimony as last option.

 

You are also telling about stay?  I dont think DV case has been quashed but has been given stay.  Stay will be granted only for short period of time say 21 days etc, during that period it is for parties to settle down, either by her taking back the case or you going for MCD which I explained above.  If demand is too high and cannot be fulfilled, raise loan and pay her,  No point in roaming to court. You will lose 2 decades running behind this and still pay her money in the end.

Fighter   17 December 2016

Thanks Helping Hand for your reply,

i am 100% sure they will not go for contested Divorce, once i filled the case in court, third persons (mediators) from their side are requesting us not to roam in courts & requesting us to settle the issue from talk. If we agree for talk, they are fixing the amount & demanding. We said we ll settle all these in courts, counter they have filled DV. More than me, they dont want to roam in courts as they are telling arrangement for second marriage to be made, court will not provide the solution as our requied time.

And i dont know the difference between Quash & Stay. Your reply has made me clear.

When in-compatibile situation occurs beween us, thier demand was too high, i just dragged the time, now demand has slowly coming down. Marriage is one year old, stayed with me only for 45 days. So wanted to have experts advice. Belonging to christian community.

 

Prasad (Systems Engineer)     17 December 2016

At this stage, the best strategy is not to budge in any huge money demand. Do not file divorce petition first from your side. Do not contest divorce if they file. Let them get exparte divorce and vanish. This will be faster and favorable to you. Do not accept to mutual divorce as she will frustrate you by not adhering to second motion that comes after 6 months. Stay calm and cool.

Dr J C Vashista (Advocate)     18 December 2016

Mr. Fighter,

Proceed as directed by High Court through your lawyer with full faith in his/her competence and ability, without asking for a second opinion, except the fact it is FREE of COST.

P. Venu (Advocate)     18 December 2016

The facts, as stated are incomplete and/or confusing.


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