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Wife filled case u/s 12DV Act,125CRPC &CWC.Can i go for Exprty Divorce
29-Oct-2023 (In Civil Law)
i got married on 10.03.2002 and on 01.10.2003 we left my parental home due to misbehave of my wife with my family members. After move in new rented accommodation my wife called her father and he is alcoholic and abusive i objected several times and in the year 2006 she called her brother also in a small rented 1BHK accommodation. Situation went really worst but i managed to live with them somehow,now my kids are growing ( 2 sons elder is 14+ yrs and younger is 6+ yrs). I lived separately for many years but kept visit my wife to fulfill all the needs of them. In the month of Aug'18 i sent a private notice for the custody of my kids to put some pressure on my wife but she filled case U/s 12DV Act. , 125CRPC & a complaint in Mahila Thana where mediation is in process for last 3 months and court dates are coming close. What should i do ? What are the possible consequences ? i filled ITR of 9.5 Lacs PA and my wife filled ITR of 4 Lacs PA. Shall i file Divorce case ? please advice
Yes u can file divorce and all what is the court saying and all what year did u get married and all where did u get married how many months for marriage is been done and all u can file divorce with the complain to women cell and a complain to police. U can file case under the Dv act and all where u can tell the court everything
Helpful?
Adv. Yash Karan Jain
Delhi | 400+ Answers
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Hi,
Regarding your query:
1) You should immediately do the following things. As she has filed a case under Domestic Violence and interim maintainance, you should proceed to engage a lawyer immediately to represent you before Court. You would not wish that adverse orders are passed against you , further, it is not advisable to not appear before Court. The Court will proceed with the matter ex-parte and pass orders for maintenance against you which you will be liable to pay. For instance, if the Court passes an unreasonably high maintenance against you, it will be harder to reverse that order by appeal. It is better to act early.
2) Yes. You may proceed to file a divorce case as it is apparent that she has been mentally harassing you for years on end. However, I would need further details of what she has alleged in the Domestic Violence Act and 125 CrPc. Once a clearer picture emerges, it would be expedient to take appropriate action. However, at your avail, if you have been residing away from one another for over a year, you may institute Divorce Proceedings against your wife on the grounds of cruelty.
What is in your favour, is that your wife is also an earning member and makes a payment of 4 Lakhs. The Court will take this into consideration while granting you a decree of divorce and depending on your lawyer. Will pass appropriate orders.
Regarding your query:
1) You should immediately do the following things. As she has filed a case under Domestic Violence and interim maintainance, you should proceed to engage a lawyer immediately to represent you before Court. You would not wish that adverse orders are passed against you , further, it is not advisable to not appear before Court. The Court will proceed with the matter ex-parte and pass orders for maintenance against you which you will be liable to pay. For instance, if the Court passes an unreasonably high maintenance against you, it will be harder to reverse that order by appeal. It is better to act early.
2) Yes. You may proceed to file a divorce case as it is apparent that she has been mentally harassing you for years on end. However, I would need further details of what she has alleged in the Domestic Violence Act and 125 CrPc. Once a clearer picture emerges, it would be expedient to take appropriate action. However, at your avail, if you have been residing away from one another for over a year, you may institute Divorce Proceedings against your wife on the grounds of cruelty.
What is in your favour, is that your wife is also an earning member and makes a payment of 4 Lakhs. The Court will take this into consideration while granting you a decree of divorce and depending on your lawyer. Will pass appropriate orders.
Helpful?
Adv. Anuj Nair
Delhi | 200+ Answers
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Since your wife had already filed three separate cases, It is advisable to engage a lawyer for defending the same in an appropriate legal manner. Yes you can file a divorce petition under section 13 of the HMA and seek decree also. Under the DV act you will be liable to pay compensation as directed by the court alongwith the separate Resident order. Under section 125 crpc you are legally bound to maintain your spouse and kids. For further consultation and legal services you may consult us.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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