Re: wife filed suit for domestic violence and now want to patch up and reside with husband in native
SAM
(Querist) 28 August 2014
This query is : Resolved
Dear Ld. Experts,
My Bhabi have filed D.V. Case in Thane court. Mediation failed. Now the case status is at "Evidence Stage". She has already got interim order from the court for residence rights in father in laws flat.
Judge asked my brother whether he is ready and willing to keep his wife back, wherein (my brother do not want to keep her but as usual in D.V. Case) my brother informed court that he is ready to keep his wife and informed court that he wants to relocate permanently to his native place in Nagpur and asked the Judge to inform her when he can remove train ticket to Nagpur. (My Bhabi do not want to go to native place as she has completed her LAW and wants to practice and earn in Mumbai as her career and job will be at stake, she just uttered that word in the court that she is ready and willing to reside in the native place with my brother in the court just for name sake)
The Court informed both the parties to remain present on the next date (as both the parties advocate were not present before the court).
My Brother's advocate has already filed his reply to the Applicant D.V. Complaint filed in the court and he will not give any further affidavit/declaration/undertaking before the court that he will take her to his native place and keep her with him.
Would request Ld. Experts to give their inputs as to how my brother should proceed further in D.V. case.
I am 100% sure that my Bhabi Advocate will ask for Affidavit/Undertaking in the court from my brother which he will neither give or produce in the court.
Could all the Ld. Advocates give me inputs what will happen or what steps should my elder brother should take in the court apart from that he is willing to take his wife back and go to his native place.
Regards,
SAM
ajay sethi
(Expert) 28 August 2014
there is no harm in giving undertaking that your brother is willing to have his wife stay with him in nagpur . since he has already made statement in court that he is willing to do so and wife agreed he should honour his commitments .
let wife refuse to stay with husband
SAM
(Querist) 28 August 2014
Even after giving undertaking/affidavit if she goes to native place and create another nuisance willingly on her own just to make her case strong with ulterior motive (intentionally), then she may within one or two week return to Mumbai and complain to the judge that she was once again being harassed by husband and his grandfather and grandmother.
What is the guarantee that she is not going to file one more complaint in the native place?
In the aforesaid case do she also along with her husband need to mandatory submit undertaking/affidavit before the court that she on her own is willing to go and stay with her husband in his native place.
SAM
(Querist) 28 August 2014
What will happen to the case if she goes along with the husband in his native place? Whether Judge will give some time (maybe 2 to 3 months to go and stay with the husband in his native place and then come back and say to the court how she feels in native place?)
Is this is the procedure followed by Magistrate court in DV Case?
Whether her DV case gets dismissed if she goes to her husband place?
How come a wife after filing all the allegations on husband go and stay with her husband in his native place whereas in the DV case filed by her she has no where said that she wants her husband back but she has asked for money and nothing else?
What will be the court opinion framed if she goes to stay with her husband (it means all her allegations on her husband are all fake and false?)
Request Ld. Advocates to kindly reply
SAM
(Querist) 28 August 2014
What will happen if the husband do not file any undertaking / affidavit before the court but he would be just orally informing the court that he is ready to take her wife to his native place?
Can court pressurize husband to file undertaking/ affidavit?
ADV-JEEVAN PATIL, MUMBAI
(Expert) 31 August 2014
Legally u r bound to provide her shelter. Since accommodating undertaking needs to be given as court directed. Request court that she is willingly doing so n Will not raise any issue or make �ny false complaint against u/members
V R SHROFF
(Expert) 31 August 2014
do not imagine further:
Judge will send both h - w to mediator, and file a consent term, and close DV case., on next date .. That's all.
Do not fool Court this way;; [ Judge Pimple is very smart]
SAM
(Querist) 02 September 2014
Dear Sir,
The mediation has already failed where she was not willing to reside with my brother in thane. The mediator has already submitted his report to the court that mediation has failed. Can the court once again direct the parties and their advocates to go for mediation?
Whether Consent term will be drafted and the terms and conditions will be agreed by both the parties advocates and then filed before the mediator?
what is the process and how the parties have to file consent terms?
V R SHROFF
(Expert) 02 September 2014
APPLY AGAIN FOR MEDIATOR WITH H-W SIGN ; COURT WILL PERMIT..
It is on your safer side to execute a MOU ON STAMP PAPER THAT THERE WAS NO DOMESTIC VIOLENCE/ DOWRY DEMAND, AND BOTH WILL TRY TO KEEP EACH OTHER HAPPY;
NO FOOLING.
V R SHROFF
(Expert) 02 September 2014
YOU CAN PRESENT A CONSENT TERM ON YOUR OWN WITH BOTH SIGN; COURT WILL PASS ORDER IMMEDIATELY..........
SAM
(Querist) 02 September 2014
Thanks Adv. V. R. Shroff for your reply
SAM
(Querist) 24 November 2014
Dear Sir's,
My Elder brother is innocent and all the allegations made by his wife are of very serious and grave nature in the DV case. Suddenly she is withdrawing he DV complaint from the court and suddenly she realises that my elder brother as LORD RAM (Every time she used to call him as RAVAN). That's my query before the ld. experts.
How would any one after contesting the case for 11 months suddenly at the evidence stage withdraw the case and change her advocate?
We want this case to be tried on merits basis and just by withdrawing the case by her all the allegations on my elder brother are not gone. They are still there.
Can by elder brother request the court that she files sworn affidavit before the court that the DV case filed is false as well as letter written by the Applicant to the Sr. Inspector that all the complaint filed before the police station are false as well as Public notice in local newspaper that all the case filed in the court regarding DV case are false.
Request learned lawyers to reply.
Regards,
SAM
