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Wife left matrimonial home and filed false domestic violence case
25-Jan-2023 (In Divorce Law)
I got married in year 2000. And my wife left us with her father in 2007 without my intent and permission. While I, my parents and my Uncle also asked her to not to go. But she denied and went without taking and thinking about my son while he was only 6 years old. Since 2007 she is living with her parents. Then after some time his father asked my father that they want to marry her daughter somewhere else. We said OK, do whatever you feel comfortable. My son is 16 years old now and living with me. I don't want to marry again, but to take care and look after for my son. During this period she never tried to think about my son. Now I filed a case against her to get the divorce. But when I filed the case they also filed the case of Domestic Violence against me and my mother after that. Is the case Valid as she was not living with me for 10 years with me. Please provide your valuable comments.
There are so many technical aspects in your situation, which shall be considered separately. You told she left your home in 2007, her father asked to remarry her thereafter, but she really remarried?, Second If, 10 years have bee passed, then you should not worry for Domestic violence case, as it is filed you should go for legal remedy.
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Adv. Anil Upadhyay
Delhi | 25+ Answers
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no domestic violence cannot be filed after lapse of such a long time and the case must be contested by the advocat ebefore the Honble Courtm In this case rather she has committed an offence if u say she has remarried. You should be able to get a divorce with a good strojg representation.
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Adv. Shobhit Bhatia
Delhi | 100+ Answers
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Your wife is interested in second marriage, while you are not interested in second marriage. So give a threat to your wife that if she does not withdraw the false case of domestic violence, you will not cooperate her in getting divorce and this hamper her plan for second marriage.
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Adv. Prakash Khandelwal
Delhi | 25+ Answers
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It depends on the contents of the complaint , since the domestic violence does not talk of physical violence but also of social , economic violence , if she has done it then you can Contest the said case on merits and lead evidences in your support . It all depends on the Efficient advocate to convert this case into a victory for u
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Adv. Suneel Kumar
Delhi | 200+ Answers
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Fisrst of all it is very long time to get seperation between you and your wife it would be a solid ground for divorce it about 10 years and it is considerable time for divorce
Whereas the matter of domestic violence it would not easy to prove after a such long time.
For further advise kindly contact
Whereas the matter of domestic violence it would not easy to prove after a such long time.
For further advise kindly contact
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Adv. Parveen Kumar
Delhi | 25+ Answers
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