Legal Question in Family Law in India
Respected Sir,
I have been asking several questions and I am happy to state that I have got most authentic and convincing answers from LawGuru Team / Shri.Vishwa Arayji.
Firstly, I am happy to inform that in a recent IO given by court, it dismissed the application of the daugther in law allowing to stay with her husband (who is staying with his sister in the house gifted by her father through a registered deed).
Many a time I may tend to write / repeat certain queries, sorry about it.
1. In the above case the deserted (13 years back) blind husband had earlier applied for divorce, since could not proceed due to bad health and depression, the case was withdrawn. Can he again apply for divorice and have a gaurdian to depose on his behalf. Now, the wife has put a DV case on his, which is running now.
2. Now that the Judge has read our entire reply, what more evidence we need to prove her wrong, as she deserted her blind husband just 6 months after the marriage and legally trying to implicate her husband and her sisters just to extract money. The blind husband has no earing of his own and is fully dependent on his sisters, He could not pay even the maintenance after he lost his job. Will the hon judge consider this situation and conduct a fair trial?
3. Can we file a defamation case against blind husbands wife for wrongly implicating him and his sisters? What about the costs?
Please enlighten us please
We always remain grateful to the entire group !!!!!!
Regards....
1 Answer from Attorneys
Yes, again, you have repeated your question. I had already opined that your brother may file his case for divorce. He may use the case filed by wife as a fresh cause of action for divorce. He may explain that it was his parents who withdrew the case to buy peace and tranquility for son.
Secondly, interim order cannot replace evidence. this is prima facie view of the judge. The evidence still has to be led by both the parties. 13year seperation is a very crucial issue which you will have to clinch by leading evidence.
The hon'ble judge would consider that the husband has no income. the judge surely would consider that the husband, who is blind, is depend upon sister. In fact, if you have slightest idea that wife is working, your brother (blind husband) may file an application for maintainance.
Yes, defamation case may be filed by both husband and his sisters. But, main thing in such case is to prove how the defamation has caused an impact on the reputation/
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