Domestic voilence & restitution case
kishor
(Querist) 22 April 2018
This query is : Resolved
i married on 15/12/2010 and my wife left my home on 31st august 2011 it was only 9 month of marriage period after that she left my home and sent notice through her lawer to me and threat me demanding so many things , i replied through by lawyer & asking her take back all allegation and come back home . then in 2013 she filed domestic violence case on me and starting harassing me. after that she filed RESTITUTION case in 2014 .I filled divorce case in 2015 divorce case is on HOLD because of this cases.
I got judgment from my domestic violence case Year (2013) now in march 2018 that I need to pay 7000 Rent and 50000 one time settlement 5000 Rs Court fees. My wife is Software engineer getting 40000 Rs salary (in hand salary 30150/-) in Mumbai. Restitution case is going on since 2014 her cross one half is done and now giving false medical certificate and avoid to come on date in kalyan district court.
after this domestic violence verdict i will get favor in restitution case? or RESTITUTION case is automatically dismiss?
Ms.Usha Kapoor
(Expert) 23 April 2018
You must have been proved guilty of DV case So the DV Judge asked you to pay 7000 Rupees rent 50000 one time settlement and 50000 rupees towards her court fee . It may be a false case but you failed to prove your innocence. Contest RCR and say you are not interested in RCR but divorce. Try to convince your wife for MCD which would be over within 6 months. If she doesn't agree for MCD file for contested divorce on the ground of desertion and cruelty on her part. I'm sure you'd win the case as all her false cases and her attitude and behaviour throughout has been desertion and cruelty as they are false.cases. You said she is making 45000 rupees in her software engineer job. If you want to prove her salary engage a detective agency and tell them to bring your wife's pay slip and if he brings the pay slip produce in court so you nee not pay a penny either for her interim maintenance or Alimony.
Vijay Raj Mahajan
(Expert) 23 April 2018
Restitution of conjugal rights case is independent case from Domestic violence case, different Courts are handling both and both are to be decided on the basis of independent evidence produced in both cases by both parties.
Even if DV case has come to an end RCR case continue and will be decided by Family Court after both side evidence is brought on the case file of the court.
The divorce case was on hold for the two cases can also be prayed to be proceeded after RCR case get decided by one Family Court because RCR and Divorce cases are just opposite to each other but that doesn't mean if for one party RCR get dismissed the Divorce case filled by other party will be automatically decided in favor of the petitioner, that too will be decided on the basis of the evidence on record of the case file.
Kumar Doab
(Expert) 23 April 2018
You can benefit from the above posts.
You and spouse have not been inclined to save the marriage..
Having lost the case; approach a very able LOCAL senior counsel of unshakable repute and integrity specializing in Family matters and having successful track record…. and worth his/her salt….to defend your interest in ongoing cases.
Ms.Usha Kapoor
(Expert) 01 July 2018
I stick to my view and Vijay Rajan's.
Ms.Usha Kapoor
(Expert) 01 July 2018
I stick to my view and Vijay Rajan's.
Ms.Usha Kapoor
(Expert) 01 July 2018
I stick too my view and Vijay Rajan's.
Ms.Usha Kapoor
(Expert) 05 July 2018
I st9ick to my view and Vijay Rajan's view
Ms.Usha Kapoor
(Expert) 05 July 2018
I stick to my view and Vijay Rajan's view.
