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
Kiran Kumar
(Expert) 28 August 2014
there are no pre-baked defenses available in legal proceedings.
every case has its own merits and the law is applied accordingly.
it will be good for both the parties to settle the matter amicably, but its not necessary that both must reside together just for sake of compromise...if both the husband and wife have practically no intention to continue with the marriage then they must talk again and tell the concerned court about their true intentions.
benefit lies in saving the marriage, but such a saving shall not be malafide.
court will record statements of both the parties prior to the disposal of the matter.
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?)
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?
Request Ld. Advocates to kindly reply
Guest
(Expert) 14 June 2018
Even a snail would feel proud to know that someone is too much slower than that creature, if Ms. Usha Kapoor has taken 4 LONG YEARS TO AGREE WITH THE EXPERTS.
Guest
(Expert) 14 June 2018
Even a snail would feel proud to know that someone is too much slower than that creature, if Ms. Usha Kapoor has taken 4 LONG YEARS TO AGREE WITH THE EXPERTS.
Guest
(Expert) 14 June 2018
Even a snail would feel proud to know that someone is too much slower than that creature, if Ms. Usha Kapoor has taken 4 LONG YEARS TO AGREE WITH THE EXPERTS.
Guest
(Expert) 14 June 2018
Even a snail would feel proud to know that someone is too much slower than that creature, if Ms. Usha Kapoor has taken 4 LONG YEARS TO AGREE WITH THE EXPERTS.
