Same issues in different courts.
Querist :
Anonymous
(Querist) 13 November 2020
This query is : Resolved
In divorce case wife did not lead any evidence ,she gave only written statements hence the court granted divorce reasoning that the allegation were baseless and false by wife.The domestic violence which was lodged before divorce case by wife has the same allegation as her written statements in divorce and is yet to be decided . Wife has filed an appeal against the divorce case saying that the same issues cannot be decided by divorce court when the same issue is pending in dv case and when she had not given any oral evidence in divorce.What is the position of law in such a scenario?
Isaac Gabriel
(Expert) 13 November 2020
You need to contest both the cases. The dv case also meet the same fate since.your wife failed to give evidence.
Querist :
Anonymous
(Querist) 13 November 2020
Wife has given evidence in dv but not in divorce case , thats the problem.Hence I want to know the position of law .
Rajendra K Goyal
(Expert) 13 November 2020
Both cases are separate. Would be decided on merits.
Querist :
Anonymous
(Querist) 13 November 2020
Sir cases are different but issues are same in both ,the dv interim order says prima facie domestic violence is proved and the divorce case says not proved on the same sets of facts . If two different courts decide the same issues ,with same facts between same parties which one has more weight age?
P. Venu
(Expert) 14 November 2020
You have not posted the complete facts.
Querist :
Anonymous
(Querist) 14 November 2020
Sir facts are wife filed dv case . After a year I filed divorce case . Wife filed written statements to divorce alleging the same story as in her dv case .She gave her oral evidence in dv but not in divorce case.The divorce case is decided on the ground that cruelty is done by wife as she made allegation in ws but did not examine herself or anyone from her side .The dv case is yet to be decided but has a interim order which says prima facie dv is proved. Hence I wanted to know the position of law that if the same issues can be decided by two different courts at thr same time.
P. Venu
(Expert) 14 November 2020
How the issues are different? The husband filed the divorcé case alleging marital cruelty. The wife fid not contest and the Petition was decreed exparte.
Whereas the wife filled the DV case. Certainly, what is alleged is domestic violence. And the text and context is different.
You need to meet the allegations on merits.
Querist :
Anonymous
(Querist) 14 November 2020
@P .Venu ..Sir wife has contested the divorce case ,but did not give oral evidence . Divorce is granted on the bases that , 'even if husband was unable to prove his case ,wife has done cruelty by making serious allegation of physical abuse and demand for money in WS but did not bother to prove them before divorce Court.
Wifes dv case has same serious allegation of physical abuse and demand for money as in her WS in my divorce case.
Hence in both dv and divorce case she has to prove her allegations of abuse and demand for money.
P. Venu
(Expert) 14 November 2020
However, what was the husband's case?
Querist :
Anonymous
(Querist) 14 November 2020
Husband case is wife has meted cruelty by mentally , physically abusing me and has filed false dv and 498a case. (Both cases are not decided and have same allegation)
Dr J C Vashista
(Expert) 15 November 2020
What is your locus standi / concern to the case(s) / parties to the dispute ?
Both cases are adjudicated separately, governed by separate laws.
Evidences of both cases shall be required to be proved as per issues framed. It shall be different as required in plaint/ complaint, written statement/ reply and replication/ rejoinder.
Querist :
Anonymous
(Querist) 15 November 2020
@ Dr Vashista ..The issues framed in divorce case are ,"Was husband subjected to cruelty" and second one ,"is there a bar of sec 23 of HMA for husband" case.
In dv case the issue framed is ," whether wife was physical abused and treated with cruelty by husband. "
Wife is saying that she has already given evidence in dv case about her abuse and hence had not given any oral evidence in divorce case to avoid conflicting decision by two different courts . Was wife not duty bound to give oral evidence in divorce case when she made allegation of physical abuse and cruelty in her WS ?
Rajendra K Goyal
(Expert) 15 November 2020
You can use beneficial parts from other party statements of both proceedings in cross, arguments to prove other party as wrong.
Querist :
Anonymous
(Querist) 15 November 2020
Sir can issues be framed at argument stage?
K.S.Ramaswamy Advocate
(Expert) 16 November 2020
in my view unless both papers are seen and studied an opinion cannot be framed.
P. Venu
(Expert) 16 November 2020
What is the present stage of the cases? The facts posted in this context are inconsistent.
Querist :
Anonymous
(Querist) 16 November 2020
@ P Venu ..Sir , Appeal is filed by wife against divorce case
In Dv case , evidence of husband is being recorded.
Rajendra K Goyal
(Expert) 16 November 2020
Full case file need to be referred for further advice.
