MS (CEO) 09 June 2013

D.v application

Dear Members, Please calrify some issues regarding domestic viloence for me. I am 42 and had filed a Divorce case against my wife on grounds of cruelty and dessertion, as she had an extra marital affair. Meanwhile her boy friend dumped and and now, she doesn't want divorce and has been trying all delay tactics in court since 26 months(since the case is on). 1 year back , she had filed Domestic violence against me and my mother, on totally baseless grounds as there was no cruelty ever meted out to her in 20 years of our marriage. She had filed it simply to continue living in my mother's house even though I have moved out. However, my mother never received the summons for domestic viloence.

During the divorce case at family court, the judge first passed an order for providing her the keys of the main door fmy mother's house, despite my plea and argument by my lawyer, that how can i provide keys, when i don't live there and the house does not belong to me. My mother filed an application as an intervenor which was again rejected by the same judge. The judge mentioned that he has passed this order under D.v ACT. Does this order deem fit?? Specially when my wife has wrecked havoc for my aged parents in that house.

In the last hearing, the judge declared that all pending applications will be heard. And he dismissed all applications from my side and gave an order of accepting Domestic viloence.

My query is how can he pass an earlier order under Domestic violence act, whn he claims to accept D.V application now?? Also, can a family court judge pass orders on D.V? When my mother never received summons regarding D.V, how can she be dragged in this case to provide her house keys and put her safety to risk.

Both my lawyer as well as my wife's lawyer have been asking ehr to come to table and negotiate for a mutual settlement as it si a dead marriage, but she refuses, as her sole aim is harrasment. Please suggest solutions to help resolve matters in a mutually consented way.

Looking forward to helpful replies. Thanks in advance.

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4 Replies

Hemang (Advocate) 10 June 2013

If the house solely belongs to your mother, the family court has no jurisdiction whatsoever to pass such an order for residence and hend over the key. The Honourable the Supreme Court has settled the position that the residence order can be passed only against the husband, who has owned his own house, or sought on rent. Hence, if the said property belongs to your mother, the said order can be set aside on appeal. Prefer an appeal. You can ask your lawyer for searching the judgment of the Supreme Court.

stanley (Freedom) 10 June 2013

The order passed by the judge is wrong as the house does not belong to you . you would have to file an appeal and state that you are ready to pay her the rent for a place .

ktkaran (maanger) 10 June 2013

This can also happen?Why judiciary so inclined to Woman?Exceot for them whole world knows that case is false.I wish i would have an option to give up citizendhip of this so called India

MS (CEO) 10 June 2013

Thanks members for your replies. Yes, the house solely belongs to my mother and is not even an ancestral property. We ahve filed a writ in high court, but not getting dates since 3 months. How to go about it?

My mother has also filed an injunction suit 2 years back at district court, mumbai to evict me and my wife. I have already moved out, but my wife continues to forcibly occupy a whole floor in my mother;s property. She is using similar delay tactics in that case too and hasn;t even filed her written statement till now. 3 judges have been changed in this matter over 2 years and case not moving forward despite repeated appeals by my mother's lawyers for senior citizen considerations.

sometimes her family court lawyer tells my lawyer informally in court premises that her client is willing to settle the case if she is given a bungalow in juhu/ napeansea road. She makes whopping demands that she also knows cannot be met. On the other hand, my wife kkeps shouting in the world and to my parents, that come what may, she wil;l never give divorce.

Please advise pressure tactics/strategies to help us all get rid of her in a mutual way. My family and me are willing to offer her a rented accomodation/ owned flat provided she agrees to stop harassing me, our son and my family. Our son stays with my parents and she tortures him too, forcing him to talk to her when he does not like to.