Prolonging the case

 


Querist : Anonymous (Querist)
16 October 2019

My wife physically assaulted me in the premises of women cell in 2016 April.

A criminal case is in progress against her. In June 2016 she filed RCR in a different court

In August 2016 she filed DV against my parents and my 81 year old grandmother at Magistrate court in another district. Her claim is that the property owned by my grandmother is her shared house. Highlighting the reason that the marriage was conducted in a church adjacent to the house of my grandparents for their convenience. I am born, studied and working in another district. In September 2016 she filed 498a in another district. The petition includes stories of stolen ornaments, damaged certificated, physical and mental torture etc.

In December 2016, I filed Divorce.

All the cases are going on.

In August 2019 I got Speedy trial order for DV. since wife went abroad when a part of her cross examination was over..

So, she came home for 4 days and just before the commencement of second part of cross examination, she deleted 3 major reliefs in DV in magistrate court.

Then she filed almost the same petition in family court in the same district. She went abroad again. I understand that this a step to prolong the case for several years. What can be done from my side for speedy disposal?

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SHIRISH PAWAR, 7738990900 (Expert)
16 October 2019

Dear Anonymous,
You cannot stop her from filing of cases however you can fight out the cases. You have to followup with your
advocate for speedy trial. Attend each and every date and ask advocate to proceed with matter.
Regards,


Querist : Anonymous (Querist)
17 October 2019

Thanks Sir for taking time to reply,

The DV case is going on at Magistrate court for more than 3 years.
We are about to get a judgement.
At that time, she deleted some major reliefs in the petition.
But, I think, still the allegations against me remains.
She has not submitted valid evidence to prove her allegations.
The one and only witness was her own mother.

In this situation, she filed the same petition in the Family court
just to prolong the case
.
She is working abroad and I think, she may not be ready to fly back and forth to conduct the case.
Can she run the case against me while being abroad?
I think, her appearance is required for Mediation, first day, for chief examination, cross examination etc,

Will her absence entitle me for ex-parte ?


Querist : Anonymous (Querist)
19 October 2019

A reply will be of great help

Dr J C Vashista (Expert)
19 October 2019

Mr. Anonymous,
Proceed as advised by your counsel already stated to have been engaged by you to defend/proceed in case(s) filed by your wife, who dared to assault you physically. Your counsel is an able, competent, intelligent and well aware about the case(s) and facts/circumstances .


Querist : Anonymous (Querist)
19 October 2019

My doubt is

Am I entitled for ex- parte for the new case she filed against
me at family court.? After filing she went abroad.

This is a copy of the DV petition which was filed at magistrate court. When it is time
for judgement she deleted some reliefs and the same is filed at family court.

Can she operate from abroad?

I understand that her presence is required for mediation, first day of the case, cross examination etc.

Am I right?


Querist : Anonymous (Querist)
24 October 2019

Can I file defamation, perjury and malicious prosecution against her
for harassing me and my family for 3 years at Magistrate court?

She deleted the major reliefs from Magistrate court when I got an order for speedy trial.

Then she filed the same relief on the same day at family court.


Querist : Anonymous (Querist)
03 November 2019

Expecting advise in connection with the above.


Querist : Anonymous (Querist)
03 November 2019

expecting advise in connection with the above.



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