Matter of DV case
Raviagarwal
(Querist) 30 July 2011
This query is : Resolved
Respected sir,
My son's case of Domestic violence is running the the court huge interim maintenance passed without any evidence submitted by his wife.
Appeal is pending in the District court for the same.
she has submitted wrong information about work and income of his, and submitted wrong Declaration and Affidavit with incorrect information in the court.
she has not sbmitted any evidence in the support of her information in trial court on which she received huge maintenance.
marriage is consumated but wrong teachings by third party has spoilt the relation .
I need help in this regard and in favour of justice.
1. how it can be made it compulsory for her to submit evidence in support of information in the court?
2. he and his lawyer had talked to her lawyer but intention is to drag the matter for years?
3. he wants to reveal the facts with the evidences present and wants help of the court for the resumption of his married life by removing third party
How he can take help of the court as no dispute present between husbnad and wife?
4. filling RCR or any other will increase desertion and ruined both lives.
5. divorce filling is not the solution where ample of counselling can resolve the matter but will increase bitterness
6. he is having ample evidence that case is false and baseless, but consumption of period, need help of the court are two hurdles .he wants to overcome from these two hurdles
kindly help as he appointed a lawyer who handles civil case but he he guinuine and pure professional,
being father and father-in-law it is my duty to resolve the matter but this matter cannot be resolve out of court.
help of court is must but how to get it in the running case ?
thank you in advance
Advocate Rajkumarlaxman
(Expert) 30 July 2011
See filing case for restitution of conjugal rights does not mean the court goes to the extent of divorce . The court tries to settle the issues amicably only. so its better to file RCR and try to make them closer through process of law. and only on the basis of information and affidavit court cannot grant huge maintenance . what is the maintainence granted and what she has submitted in the court tell us?
M/s. Y-not legal services
(Expert) 30 July 2011
If you through any allegation on her mean, the burden of proof is your's only.. I mean if you saying that she filing affidavit with incorrect details mean you only have to prove it by collecting evidence.
