DV Case: Advice Pl.

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    • 20/05/2011 at 4:43 AM #68
      Anonymous
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      Married in 2005. Wife not staying with me from 2006 Oct. I had filed RCR and she has filed Divorce (in 2008, case withdrawn in 2010), filed 125 (in 2010, case withdrawn in 2011, March), Filed DV (in 2010, July). Along with that she has written complaint letters in my office also due to which I faced lot of problem. Recently I have developed Heart problem and some problem in Knee for which doctors has advised for operation. My mother is staying with me and had heart patient.

      During 125, reconciliation Judge told my wife to go return to her matrimonial house to take care of me. When I protested Judge told as I have filed for RCR I have to take back my wife and as she is ready to return unconditionally. She stayed with me for about 20 days without any serious problem. Then she said my mother is sick and she wants to return her parental home. I accepted that as she returned her home on 25th April’11

      DV case is still active. I told her to withdraw her case but y’day (19th May) she said in Court that she wants to fight the case now.

      Now I don’t know what to do. Physically not feeling well and have problem in even walking.

      Whether to file for divorce?

      If in Higher Court (Family Court) Compromise petition is filed, can in lower Court (1st Class Magistrate) DV case can continue?

    • 20/05/2011 at 7:44 AM #3006
      Anonymous
      Guest

      Next time tell judge, when DVA case is there you will not take her back to your home.

      as you wrote she returned to her mother place, i assume she did`t came back. and after going there she changed her mind to fight the case.

      you can report this to court. lets see what judge says

    • 20/05/2011 at 9:03 AM #3007
      Anonymous
      Guest

      Thanks a lot Dr. Dsouza.,

      I will do as per your advice on next date i.e. on 2nd June. Actually during 125 reconcillation it was said by Family Court Judge that DVA will also be withdrawn in next date, but it is not written in final order.

      Legally is it possible that when comprime petition is filed in Higher Court ( Family Court) then same matter is contested in Lower Court?

    • 22/05/2011 at 9:54 AM #3008
      Anonymous
      Guest

      what will be compromise petition ?

      if there is any mutual compromise, there should not be any pending cases too. make sure before signing any such compromise deeds.

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