Domestic violence
Dinakaran S
(Querist) 04 October 2019
This query is : Resolved
I got contested - exparte divorce in 2017. She filed a Maintenance case and herself withdraw in the year 2017 after outside of court settlement.
She is carrying my daughter. In none of the cases, didn't talk about my daughter. I wrote a petition to my daughter's school to understand about her study details in march 2018. School principal intimated to her. She immediately denied to share about my daughter's educational details by replying false statements.
She filed a complaint in Social welfare women's protection against me, my father and mother. Social welfare officer asked us to present on June 2018. We replied through letter to share the complaint letter and then no reply.
Seems that they forwarded to the court and filed case under Domestic violence case (DVC) in Judical Magistrate, additional Mahila court. That is, recently we came to know that the domestic violence case filed on November 2018 without issuing any notice to us from court. Also, the petition got allowed with 13 hearings and Judgement made then case disposed in May 2019. Heard that her lawyer is Additional Public Prosecutor 2.
How it is possible to file a case against us without issuing any legal notice?
Is that judgement valid(null/void) Judgement?
Can we go for appeal in high court?
If no, in the same court (trichy) appeal is possible? We feel no safety for our lives if the appeal goes on the same court(trichy).
So, can we approach hight court to run the case in between trichy and tiruvannamalai?
What legal actions we have to take now to protect ourselves against judgement?
Thanks in advance
P. Venu
(Expert) 05 October 2019
First of all, try to obtain a copy of the Order/Judgment.
Dr J C Vashista
(Expert) 06 October 2019
You have already stated to have obtained an ex-parte divorce through an able, competent and intelligent lawyer who is well aware about facts and circumstances of the case, what is his/her opinion and advise, proceed accordingly.
If you have lost faith in your lawyer it is better to consult another local prudent lawyer with relevant documents/facts/case file for appreciation, guidance and proceeding.
Donot wait/ adventure for FREE OF COST /obligation of experts on this platform on the basis of limited facts posted by you.
