Legal Question in Family Law in India
Dear Sir
I came to know that my wife is going to file DV case against me & my family. We are scared about it. My wife filing the case in grounds that I beat her and my Parents also involved in harassing her indirectly. What had happenned after marriage is purely based on both of us( Me& My Wife), In this case I beat her. But I tried to reunion of us by accepting myself and some of my parents mistakes. But she recorded all my calls & now she is trying to bring our family to court. And I came to know her intension that she wants a affidavit for her protection from me and my family to live with me.
1. If she proves Dv case, what will be myself and my families situation, is there will be arrest or not? if Yes how long?
2. Is legally affidavit is written by court or any one for protection of wife by husband and his family if she wants to reunion after proving Dv case? How she can get protection orders by court ?
At this situation I what To divorce her, On what grounds I can divorce her?
My grounds of divorce her are:
1. She is separate from me from last 2years?
2.I had doubt on her character.
3.She is well educated
4.She always scolds my family and me.
5.She made me and my family to come to court.
6.She showed her rude behaviour that she recorded her own husbands apolize in privacy.
7.I can`t bear that much of intellence of my wife.
8.She created a bad image of me and my parents infront of my relatives
9.She neglecting me and being with his father and brother.
10.I dont want any affidavit to be written for her protection.
How far above grounds are suitable for divorce.
What Power she can enjoy if she proves DV case on me.
What pre-step I can take for getting divorce.
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Dear Sir,
Here after separation, I went to other state from andhra pradesh which takes two & half days to reach my wifies city and my parents also stays in other city which takes approx. 8hours of journey to reach my wife. Immediate after separation, I happenned to go for my job which is in other state and from 1.9years I am working their. Now my wife is saying that I had been abscond from my palce since 2years after separation. Before I really wanted not to say my living place, So didnt say her my living place but I called her on mobile for requesting her to be with me. I thought to say my living place if she agrees to come. But Now before few months, I also told my living Place.
1.Now if she files a case, then it will be hard for me to travel from my place, in thi situation what I must do?
2. If she proves her recordings as orginal then how I must I proceed?
3.In their is a situation to take her with me then how can I avoid it or signing the papers.
4. what about my parents where my wife is asking protection from them also who is living at different place from me.
5. In their is a situation to take her with me then how can my parents avoid it or signing the papers.
6.What I must do if she doesnt accept money or separate residence but she figth for reunion with me.
7. over all apart from 2years of separation, What are the grounds for me to divorce.
2 Answers from Attorneys
You have lot reasons to divorce her ,so go ahead in your endeavor. The DV Act petition is in civil in nature being conducted by a criminal court. The court is not going to send you or your family to jail if you comply with the orders passed by the court but you have remedy available to challenge those orders to higher court. So relax .
whatever you have elaborated above, are just normal wear and tear of matrimonial life. these cannot be cited as grounds for divorce. try to settle the matter and live peacefully.
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