Let me start this reply by stating that wife-beating is always to be condemned. It may not be a crime, but it is a practise which should always be denounced.
Now I am answering your all queries in bold
1. If she proves Dv case, what will be myself and my families situation, is there will be arrest or not? if Yes how long?
There are no arrests in DV. A protection order can be passed against you and on breach of that protection order, you can be punished. The Protection Order can be in the shape of NOT REPEATING THE ACT OF VIOLANCE or whatever she is able to prove the need of.
2. Is legally affidavit is written by court or any one for protection of wife by husband and his family if she wants to reunion after proving Dv case? How she can get protection orders by court ?
By proving her charges, which she would be levelling on you.
At this situation I what To divorce her, On what grounds I can divorce her?
My grounds of divorce her are:
1. She is separate from me from last 2years?
Seperation on its own is no ground for divorce. Strictly speaking as you have accepted that you used to beat her is a sufficient ground for her to stay away from you. Try reconciliation and counselling for the benefit of both of you. BTW, a pertinent question, what were you doing for these two years? Waiting for her to file a case?
2.I had doubt on her character.
Doubt, Reasonable or unreasonable. What do you have to support your doubts, Doubts alone are no ground for divorce. Little sermonising - Trust, Love, Mutual Respect are the foundation of successful marriage. My marriage is also not successful, but doubt from my side was definately not the reason for its failure.
3.She is well educated
How can this be ground for divorce? This you would have known at the time of marriage. May be you are confusing it with maintenance and alimony. That is a diffirent subject, we can discuss seperately.
4.She always scolds my family and me.
Yes, this can be one of the grounds in mental cruelity.
5.She made me and my family to come to court.
Alone, this is no ground for cruelity.
6.She showed her rude behaviour that she recorded her own husbands apolize in privacy.
1000s of people record on this forum. They even record when they speak to me. No intrusion in privacy and no ground for divorce.
7.I can`t bear that much of intellence of my wife
What is it "inelligence"? I sincerely hope your next wife is not dumb, it is difficult to handle dumb people than intelligent people.
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8.She created a bad image of me and my parents infront of my relatives
It can be a ground of divorce under mental cruelity. If the image portrayed is wrong and malafide.
9.She neglecting me and being with his father and brother.
Prove it, it is akin to proving desertion and it can be a ground for divorce.
10.I dont want any affidavit to be written for her protection.
This is something which you can choose, the court can impose its own conditions and the orders would be binding on both the parties.
How far above grounds are suitable for divorce.
I have explained all points.
What Power she can enjoy if she proves DV case on me.
As much as Pakistan enjoys over India and as much India enjoys over Pakistan. It's marriage pal, it is no war or power struggle.
What pre-step I can take for getting divorce.
No comments.
1.Now if she files a case, then it will be hard for me to travel from my place, in thi situation what I must do?
The courts are not bothered about this aspect. If you are called to attend, you better attend. However, if no cause of action has arisen in her place, then you can ask for transfer. However, as per jurisdiction of DV, she can file where she is residing and you would have to attend.
2. If she proves her recordings as orginal then how I must I proceed?
Admit, if it is true. Fight it out, if it is false. Though your lawyer would guide you how to dodge it and run the case for many years.
3.In their is a situation to take her with me then how can I avoid it or signing the papers.
First decide what do you want? If you don't want to stay with her, then why even think of it. If you want to stay with her, why even think of divorce. Go for conselling and mediation. After that try meeting marriage counsellors on regular basis. Compromise, Sacrifice, Space, Respect are additional words to make any relationship work. inculcate the same in your personality.
4. what about my parents where my wife is asking protection from them also who is living at different place from me.
That would not be enforceable. She might ask for moon, but she would get what is due to her. (I say so with some confidence, having stood in courts for so many times, in my case and also in cases of loads of friends fighting false cases)
5. In their is a situation to take her with me then how can my parents avoid it or signing the papers.
See answer to Point no 3.
6.What I must do if she doesnt accept money or separate residence but she figth for reunion with me.
:-) what is the question? Please elaborate
7. over all apart from 2years of separation, What are the grounds for me to divorce.
Cruelity, Mutual Consent and others listed in Hindu Marriage Act.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
