Anuj 22 September 2017

Regarding 13a divorce case

One year ago my wife filed 13A divorce case on me on the ground of physical & mental violence and medical ground. All allegation are wrong. Few months back Judge gave my wife to prove physical & mental violence and medical ground. Then she has stopped to appearing hearing since last two hearing. Her advocate comes and says due to health issues she is not able to come. I have few questions as below.

How many more hearings judge will give to my wife to submit evidence?
Is there any way through which I can convenience judge to stop giving chances to submit evidence?
As of now they didn’t file any other cases. Although, I heard they are planning to do DV case on me. Whether DV case is criminal case or not. I mean it will be done in Police station or in court?
If they do DV case then what would be my action?

Your response will be highly appreciated.

Reply Follow

5 Replies

Vijay Raj Mahajan (Advocate) 22 September 2017

DV is not police complaint but directly filed by wife in court. Its criminal but civil in nature as there is no punishment to being with only order for maintenance for wife, protection order for wife, for providing her place of residence and custody of children made in her favour against the husband are made. For divorce matter the court usually go slow as basic principle is to save marriage not to dissolve it unless both parties agree.

Anuj 22 September 2017

Thanks for your response. DV case affect if I need PCC? She is earning well. So I don't think so she will get maintenance. What you say?

Sankalp Paliwal (Advocate) 22 September 2017

it all depends on what evidence she and u put forward regarding income..

number of opportunities is based on courts discreton... u can ask for dismissal of case in default or if not than heavy costs to be imposed on her for non prosecution of the matter

Anuj 22 September 2017

Thanks for response. Cost in terms of money or punishment?

Adv Radhika Mehta (Advocate) 25 September 2017

Originally posted by : Anuj

Your lawyer can press for dismissal of her Petition on the ground of non-appearance.

As of now they didn’t file any other cases. Although, I heard they are planning to do DV case on me. Whether DV case is criminal case or not. I mean it will be done in Police station or in court?

Proceedings under the DV Act are quasi-criminal in nature. It can even be filed in the Family Court.

If they do DV case then what would be my action?

That depends upon what allegations and contentions arw levied against you.

Your response will be highly appreciated.