Hello,
I have following queries about the DV case I have filed on my husband, FIL, MIL, BIL and BIL's wife.
Case Facts:
1) I have been married since last 10 years. I have stayed with my FIL & MIL from March 2010 to May 2011. But due to constant abuse and after intervention of my parents my husband decided to move out to another rental flat which was taken in my name. He paid rent for couple of months then husband deserted me & my son since last 2 1/2 years. But he visited us quite often and stayed sometimes with us. Last he stayed at my place was mid October 2014 and also we visited my sister's home during diwali for 2-3 days.
3) I never lived with my BIL & SIL but my lawyer suggested we party them as well.
4) My husband's family has lot of ancestral property flats, rental income from offices which is controlled by my BIL only but he doesnt even give me & my husband a flat to stay and my husband is not taking care of me and my son. I have to work to take care of myself and my son. I am making Rs.45,000 per month and paying rent of Rs18,000 since last 2 1/2 years. My husband is making atleast Rs1,35,000 per month. He has habit of spending money like water.
5) During Diwali, my family tried to reconcile between us but I found he was trying to fool me. He was trying to show me that he cares for me and my son a lot. He was talking to his parents and brother all time when we were at my sisters place. In one of the call he is telling his brother there is no need to give anything to me. In other call with his mother, he is arguing with her continously that they should give some money atleast or a flat to stay but his mother is just not listening to what he is trying to say. She is supporting my BIL and giving all sorts of excuses.
6) At one point in the call my husband sounds frustrated and says "should i kill my son then". In the same call my MIL says "he should kill me and then only come back". I have recorded all this calls. When I confronted my husband about all this calls we had a fight and he hit me and pulled my hair.
Now my questions are as follows:
1) What are the chances my BIL& SIL can get out of this case saying there is no DV from their side since we never lived together?
2) My FIL & MIL are very old almost 80+, can they give some kind of doctor's certificate etc to avoid appearing the court?
3) Since my husband been living seperately from me since last 2 1/2 years can he also say there is no DV and get out of this case?
4) What are the chances of my DV case being rejected by the court?
5) How to submit the recorded calls as proof to the court? My lawyer has mentioned about this calls in my DV application.
Thanks
Smita
