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Stillfighting (TL)     05 December 2012

Domestic violence by wife

Hi,

I got married in 2007 and my left my home in 2008. in 2009 i filed a divorce case and from then on i am still fighiting my divorce case. just this month (Dec 2012) my wife filed a Domestic Violence case against my fly (mom ,dad and myself)

i have questions regarding the same

1. can my wife file a Domestic Violence  case after 3.8 years ?

2. will this case any way affect the divorce case i am fighitinh ( court have asked my wife to file a counter in divorce case)

3. Can i use the Domestic Violence case and agru in divroce case saying, if there is voilence conducted by me then why does she want to return back to me. (my wife keeps on saying that she wantes to come back because they know once the divorce case is taken up for trial they will loose the case because of the evedences we have against her)

Please guide

Thanks



Learning

 4 Replies

Stillfighting (TL)     05 December 2012

hi,

another question.

can i get stay on this case since there is a divorce case already in court?

 

thanks

victim (master)     05 December 2012

1. can my wife file a Domestic Violence  case after 3.8 years ?

 

Yes, BUT due to long period of separation interim reliefs will not be provided in hurry. rest depends on your lawyer.

( in DV case burden of proof lies on her) AND DV cant be filed against women i.e your mother.( search few judgements on this)

2. will this case any way affect the divorce case i am fighitinh ( court have asked my wife to file a counter in divorce case)

 

Both cases will run on their own merits.

3. Can i use the Domestic Violence case and agru in divroce case saying, if there is voilence conducted by me then why does she want to return back to me. (my wife keeps on saying that she wantes to come back because they know once the divorce case is taken up for trial they will loose the case because of the evedences we have against her)

 

yes you can argue but if you dont want to continue with her then no point of wasting court's time in such arguements. try to reach evidences stage and submit them in court and divorce will be granted but before that crosscheck with few experts about effectiveness of your strong evidences.

All The Best

Stillfighting (TL)     05 December 2012

hey thanks for the reply.

Stillfighting (TL)     06 December 2012

hi,

it would be great if some expert can throw some light on my queries.

 

thanks


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