Pending dv case

Querist : Anonymous (Querist) 10 October 2011 This query is : Resolved
Dear experts

if counsel of complainant does not provide any reply to any of the submitted application by the respondents.

there are in all four applications are submitted by the respondents till date. but opposite party counsel has not given any reply of the given applications.

does it stands aggrement/consent of the said mentioned points in the applications by the respondent.

neither reply nor any statement regarding the submitted application.

behaviour of opposite party may be considered ok or respondent can pray for the act?

--- more question

2)value of Affidavit and Declaration in the Hon. Court, if both are having false statements then what to Do?

3) if respondent( husband) filled Divorce case in desertion and cruelty

a) desertion of one year before filling the matter and 1 1/2 year after the matter filled in court. total 2 1/2 year. does it counted.

b) wife is responsible for spoilage of professional career, one death in matrimonial home, false charges in DV case, etc.

in DV case if wife says that husband has refused to stay with her, how court will take such statements of wife?

I am asking this question as in some citation of High court it was mentioned refusal to stay with wife is also a domestic violence, hence all claims were granted to wife?

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ajay sethi (Expert) 10 October 2011
1)if respondents do not file any reply inspite of repeated reminders court will place applications for arguments .
the fact that no reply has been filed by respondents means statements made by you remain undisputed .

2) if false statement are made on oath in your rpely and arguments draw the attention of court to false averments made on oath . the court after being satisfied that allegations are false will decide issue in your favour

3) if husband has filed for divorce on grounds of cruelty and desertion he has to prove the grounds mentioned in divorce petition

Shonee Kapoor (Expert) 10 October 2011
1. Whatever you have submitted, the other party has accepted the same.

2. You can file perjury, if they are of material value.

3a. It is not counted
3b. It is cruelity you would need to prove it

There is no such citation as asked by you.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 10 October 2011
1. Court shall decide the applications ex-parte if no reply is submitted within time.

2. Both parties can file perjury applications against each other.

3. a. Period prior to filing of petition shall be counted.

b. Court shall consider evidence produced from both sides.

Wife has right to reside in the house of wife.

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