Wife filed Domestic violence and maintenance at Shimla

719 votes

hi if you want to file for divorce petition then you could file it on grounds of mental and physical cruelty and that if it is proved in one case then you could it another cases also for futire references also

Advocate Baddam Aravind Reddy LawRato

760 votes

You have already faced multiple litigations – 498A FIR, custody case, DV Act, and maintenance. Filing fresh cases from Hyderabad only to “counter” may complicate matters and expose you to allegations of forum shopping. Instead, take these strong steps: 1. 498A (False FIR Defence): Continue cooperating with investigation, collect evidence of falsity (travel records, financial proof, witnesses), and file for quash under Sec. 482 CrPC before High Court if charges are baseless. 2. Child Custody Case: Pursue your custody/visitation rights strongly under Guardians and Wards Act. Courts generally favour access for the father unless there is proven misconduct. 3. Domestic Violence & Maintenance: Defend in Shimla court with proof of your wife’s income/qualifications, and press for reduction or dismissal. Interim maintenance can be challenged if exaggerated. 4. From Hyderabad: You may file for Divorce (on cruelty/false cases as ground) in Hyderabad if you last resided with your wife here. Advantage: You control jurisdiction nearer to you. Disadvantage: She may file a transfer petition to move the case back to Shimla, which could delay. Sharp Advice: Best strategy is not multiple counter-cases but a focused legal defence + timely divorce petition at your convenience. Use cruelty (false cases, harassment) as strong grounds. Divorce petition is not a disadvantage—it strengthens your stand that marriage has irretrievably broken down.

Advocate Pavani Kumari LawRato

808 votes

You have a few legal options from Hyderabad. consider a defamation or counter-complaint if the allegations are clearly false. For long-term relief, divorce on cruelty grounds is an option — though it may take time and can impact chances of settlement or reconciliation. A better approach might be to first secure your rights for child custody/visitation and respond properly to each case filed in Shimla. If you’d like, I can guide you step-by-step on how to proceed safely and strategically from Hyderabad.

Advocate Sathish Kumar Meshapam LawRato