Matrimonial question of DV case.
1 year ago
Dear sir, my doctor wife after living only for 30 days with me has file false DV case after 400 days of separation . Till date ,4 dates of court has taken place , but still no summon /notice is issued to me . Stage of case is apperance on ecourt site . What should I do ? Should I go in court voluntary and attend date and prove them wrong (of which I have all evidence of her 30 intermediate days stay ) or wait for notice to serve ?
Second question : should I wait for dessertion period of 2 years to complete and then file divorce case on ground of dessertion and mental cruelty ( of which I have all evidences of trying me to separate from parents, unrelastic demands , humiliating me for money, character damage, her parents threats for filling false cases against me and money extorsion etc ). Please reply I am totally confused . Even our adv are confused .
You may immediately file counter to the DV case and also divorce case on the ground of cruelty alone thus there are chances of you winning the case.
1.If a false complaint is registered against you by your wife, you have two option-
Either to defend your case and wait for the judgement or to file a counter case against your wife and prove her wrong.
2.yes, if you want to get divorce on the ground of desertion then you have to wait for atleast 2 year and you can also file the case under Section 9 Of the Hindu marriage act 1955 and the conjugal rights it provides to married partners. This section seeks to safeguard conjugal rights as it will prevent a person from staying away from the married partner without any valid reasons.
And after getting the decree if the defendant does not fulfil the direction given in the decree by the family court within one year, then the petitioner can file a case of divorce.
Thank you
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