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Wife filed DV case against me after 3 years of separation what to do
03-Jan-2023 (In Divorce Law)
we are hindu,wife filed MC&DVC after 3yr of deliberate separation by her only alongwith 1yr Kid.went to her place in other state.MC notice came on old address which I left 2yr back but owner took and yet to appear for 1st time in court.without lawyer can i attend MCas itis 1st time?DVC notice might come on old address,can I take this DVC notice or ignore as I am not staying there.Should I file rcr/divorce/both or one?pls suggest BEFORE appearing MC should these be filed or AFTER?which is good?onRCR how she react no ideabut we dont want to livetogether?Childvisitation&Childcustody can be filed as part of Divorce is it good?or as separate petitions.Should i file these cases in my state or her place?from SC she can get transfer these cases to her place?or can attend court in my place only,but in both cases is she can ask for expenses from me?if so pls suggest where to file and let us know pros&cons?in above all scenarios pls let me know best strategy to adopt?
Yes you can attend MC without advocate. Once your owner received notice in MC on old address and if you intend to appear in MC, obviously you may have to accept DVC notice too on old address and attend in DVC. If you file RCR, it will be better option if you really wants her to live with you. Whereever you stay or where you were married, there you can file petitions. Yes if she wants she can get transfer the cases filed by you because subsequently you filed case and wife's choice will be preferred. She can ask for pendente lite expenses also. If you can visit our office, you can be enlighted with pros and cons and everything can not be advised here sir.
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Adv. N Venkateswara Rao
Hyderabad | 25+ Answers
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Dear Ram, Now you have updated the status of your Maintenance notice., well don't be under false impression that since you have not personally received the notice you will get an advantage for it., my advice to you is to hire a practicing lawyer for you rather than trying to represent it yourself as "Party in Person" . on the hearing your lawyer might file vakalat for you, and judge might give next date after approx. 30 days or so., during this time you can discuss in detail with your lawyer. further my earlier advice still stands good... I would recommend to first file a suit for taking custody of your child, then wait and watch how your wife responds to it, based on her reaction we can decide whether to file a Divorce or seek RCR.
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Adv. Moizuddin Ali Ahmed
Hyderabad | 25+ Answers
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Hi there,
You can attend court without your lawyer fir first time and seeks some time to file vakalathnama on behalf of you by you or by advocate.
You have to receive the DVC notice, since you already received the MC notice and willing to attend before court. If you ignore it the court may exparte you and pass the appropriate orders against you.
If you want to live together then file RCR or if you don't then file divorce petition on grounDS of desertion. You can file even after attending for MC case.
Your wife usually file a case at her place if you file a case at your place, your wife can seek a relief to transfer the case to her place before conserned court.
In any of the cases your wife can claim maintenance from you except if you prove your wife is earning sufficient means by way of doing job or by other.
To discuss more contact me.
You can attend court without your lawyer fir first time and seeks some time to file vakalathnama on behalf of you by you or by advocate.
You have to receive the DVC notice, since you already received the MC notice and willing to attend before court. If you ignore it the court may exparte you and pass the appropriate orders against you.
If you want to live together then file RCR or if you don't then file divorce petition on grounDS of desertion. You can file even after attending for MC case.
Your wife usually file a case at her place if you file a case at your place, your wife can seek a relief to transfer the case to her place before conserned court.
In any of the cases your wife can claim maintenance from you except if you prove your wife is earning sufficient means by way of doing job or by other.
To discuss more contact me.
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Adv. Sai Krishna Reddy Challa
Nellore | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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