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Law_Learner (Asst. Mgr.)     25 October 2014

Filing divorce case

Hi,

My wife loadged a false FIR under section 323 and 341 and i assume she will now file dowry and domestic violenc cases. Will it be good if i file for a mental cruelty case first as its' a fact that me and my family are tormented by my wife and her parents behavior and acts. 

Kindly advise. 

 

Regards,

JanDec1983



Learning

 4 Replies

Tajobsindia (Senior Partner )     25 October 2014

@ Author,


1. Ideally you should first defend her allegations – charges under IPC. 


2. When in future she files DV Complaint – Divorce case against you you may defend them. 


3. Since she has not filed para 2 it is not advised to multiply litigation unless you can line-up reasonable quality alleged facts of her ‘mental cruelties’ to get divorce. Mental cruelties are vast subject matter and unless allegations are known it cannot be said by mere filing of her IPC charges that it caused mental cruelties to you. other facts are also not known from your 5 line brief ! 


4. Otherwise one is simply spending money on litigation expenses (currently on IPC – in future on her DV / Divorce and in future your divorce which totals upto 4 cases whose litigation expenses you may end up meeting).


5. Better discuss all your marital facts with an local advocate and seek local opinion. 

 

[Last reply]

Sudhir Kumar, Advocate (Advocate)     29 October 2014

Please given full facts fo the case so that the feasibility of your suggestion could be seen.

Sudhir Kumar, Advocate (Advocate)     30 October 2014

@ experts above.

 

The authro has not described full facts.  We do no know to what extent the advise given to him will fit into his case. 

Unfortunate he is already suffering having hired an advocate who has fanciful ideas of "disownment" etc. So let him disclose facts and then seek sound advise.

Sudhir Kumar, Advocate (Advocate)     30 October 2014

The forum must be thankful to you for having expressed gratitude in one of your threads.

 

But at the same time it is seen that

 

(i)                  You have multiple threads on the same issue.

(ii)                In any of the facts you have not conveyed full facts of the case

 

You are thereby :-

 

(1)    You are disclosing that you have no faith in the wisdom of the experts and repeatedly blogging same words.

(2)    Seems you rate experts as students of different section and set identical question paper for them.

(3)    Depriving the experts of the honour of giving correct and comprehensive advise.

(4)    Based on half faces you may get half baked advise which may not suit you and may even be counter productive and then you blame the experts.

 

You have following threads on the issue :-

 

(1)    https://www.lawyersclubindia.com/forum/details.asp?mod_id=111168&offset=1

(2)    https://www.lawyersclubindia.com/forum/details.asp?mod_id=111299&offset=1#.VFGcBGeO5G0

(3)    https://www.lawyersclubindia.com/forum/details.asp?mod_id=111298&offset=1#.VFGbpWeO5G0

(4)    https://www.lawyersclubindia.com/forum/details.asp?mod_id=111483&offset=1

(5)    https://www.lawyersclubindia.com/forum/Filing-case-restraining-from-entry-house-vs-disownment-111409.asp#.VFGbVmeO5G0


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