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Sachin RAM (Family)     30 May 2013

Need suggestion for my case

 Hello Friends,

 

 I got registered married before 3.5 years under special marriage act with my GF without knowledge of my parents, this marriage was hide yet. we just made registered marriage, No marriage ceremony happened yet, We never live together as a husband & wife, I tried lots of time to bring her but she always refused by the name of her education, after that I realised she made registered marriage only to rob me, She took more than Rs. 1 lacs from me in this 3 years for her education. After lots of call I realised she is not interested to continue Life with me thats why I contacted her for mutual divorce but she is not agree then in Last month I file divorce case in Court on the ground of desertion & notice has been sent to her address for attend in court on 25 Jun 2013 But today I got her Lawyer Notice & I shocked after read Notice, all allegations are false.

 1:- Marriage registered in front of my Parents

 2:- Marriage Reception was celebrate in Hotel( No Name mentioned in Notice)

 3:- She Live with me in My Parents Home till Sept 2012.

 4:- My Parents harrash her for 3 Lacs Dowry

 5:- Thats why she she left home in Sept 2012

 

 

 Now I have following question in my Mind

 1:- why she lie because my parent was unaware

 2:- HOtel but which hotel --------------10000000% lie

 3:- she never Live in my home. 

 4:- why she want to put my parents in trouble

 5:- If she Live in my home till Sep 2012, then who complted her Education from her City, I have some document that She complted her Graduation & Post Graduation from her city

 

I have discussed with Advocate he said this is the normal Notice he doubt on Notice because notice is only on normal Paper not on Letter head, No stamp & No seal of Advocate no registration number. I did tried to get details of advocate but not found any details. My Lawyer called her Lawyer & he said they file DV case in her city court but still I didn't get any notice from her city court.

Please suggest me how i will proceed now.

I have already file divorce case in my city now heared from her Lawyer she file DV case in her city, How to manage case in both city. should I reply of court notice if i will get from her or i have to concentrate on Divorce case,

Friends  please suggest me I am too worried 



Learning

 11 Replies

Shantanu Wavhal (Worker)     30 May 2013

he doubt on Notice because notice is only on normal Paper not on Letter head, No stamp & No seal of Advocate no registration number.

 

there is no need of any of the above things.

she sent u letter.

u received the same. Enough !

 

u should also include the groung : non-consummation of marriage (but it has to be because of HER impotency)


now either settle via MCD / prove ur case in trial.

Sachin RAM (Family)     30 May 2013

Thanks for your valuable suggestion

Please suggest if when i will get notice from her city court how I will proceed, Should I fight case in both court

 

Regards

Adv Archana Deshmukh (Practicing Advocate)     30 May 2013

Both the cases are equally important and should be handled sensibly. If you ignore the DV case then, the court may grant reliefs demanded by her in her favor ex parte .

Shantanu Wavhal (Worker)     30 May 2013

u can check the status of DV case online @ the court website of ur state.

otherwise, personally go to the city of jurisdiction - and inquire @ the case status.

u DO NOT need to wait untill getting the summons - u can appear before the court without getting the summons too


divorce & DV both cases are different.

u have to fight both on merits.


may be in future u have to face 498a ... too.

prepare urself.

Sachin RAM (Family)     30 May 2013

What types of proof will required  for prove my self because I am innocent, and & allegation are false.

she never live with me in my home,

I have her Education document. it can show she completed her full time education from her City. That is 1 proof i have.

another is Online Transaction from my account to her account near about 1 Lacs in last 3 years.Is it Valid in court ?

Adv k . mahesh (advocate)     30 May 2013

After a detailed notice cannot you under stand what she intends from you 

1. a huge alimoney from your end to end 3.5 years of relationship wihout knowing to your parents 

2. if you go any further then she can file 498a against you and your parents a another step to extract money from you

3. divorce and dv are only on papers for you to leave her 

4. discuss with her what she needs is the big answer why she is avoiding already you had paid 1 lac and now settle the matter amicably and take Mutual divorce by paying the (pay the money after you get divorce) do not be in hurry because even Mutal divorce will get nearly more then 6 months so discuss with her do not be harsh with her and settle the matter if possible before your lawyer 

Sachin RAM (Family)     30 May 2013

k . mahesh

 

Now my Parents aware from this, 1st they shocked but now they are helping me from future trouble. but i wondering if she put my parents & younger sister name in DV case.  I already tried to settle the matter by MCD she never agree for MCD neither agree for continue life with me.

Should I need to take AB for DV case ?

 

Regards

Sachin RAM (Family)     30 May 2013

Hi Friends,

I have question regarding  Domestic violence act, Can She file DV case on Husband & In Laws if she never Live with In Laws even single day, I have enough proof to prove this. Marriage in 3.6 years Old. Actuly A false Domestic Violence case has been filed against me for harassing me by my wife on grounds 

What is the best way to deal with this and avoid the harassment being caused ? I have been reading all the articles and blogs about how much misuse prone the DV act is, but couldnt find anything that would help protect against this ? Please let me know if there is anything that would help ...

Sachin RAM (Family)     30 May 2013

@Need Justice Sir,

Thank you very much sir, Please suggest me time to time, my 1st hearing is on next Month I am too afraid due to name of Court. I never think this will happen with me.

Sachin RAM (Family)     31 May 2013

Dear Member Friends,

Can I request the court for a dismissal of the case because she never live with us and I have solid proof to proove it ?

 

 

Regards

Sachin RAM (Family)     06 June 2013

Hi Friends,

we got copy of DV case. we have lots of proof to prove this she put false allegation,  & I can easily prrove she never live with me, so My question is if I have enough proof to proove this although I have to fight in Lower court till Final Result. is there any way i can file for quash of dv in same court or High court ?and any other ways to get out of dv case?


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