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2nd Marriage ends with DV Complaint 
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Joined: Mon Jan 09, 2017 5:16 pm
Posts: 109
Hi,
Request you to provide some guidance for my case:

Thanks !!


Last edited by anand108 on Mon Feb 12, 2018 10:03 am, edited 1 time in total.



Thu Jan 12, 2017 2:33 pm
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Joined: Mon Mar 08, 2010 1:39 am
Posts: 290
1.Please get a copy of the complaint.
2. read the DV Act thoroughly.
3. see what are the specific complaints against you and deny them one by one.
4. also from now on record all conversations whether over phone or otherwise.
5. please see whether you can contact the previous husband and see whether you can dig up any medical records from him.
6.also try to get information about her medical condition/s.
7. try to remember where you were at the time when alleged domestic violence took place. build up your alibis like ATM withdrawals, attendance records etc.
8. try to get her qualification records.
9 keep a copy of the ad she has placed on the matrimonial site.
10. READ all the judgements in the forum which will help you.


Sun Jan 15, 2017 11:28 am
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Joined: Mon Jan 09, 2017 5:16 pm
Posts: 109
Hi Justcause,

Thank you very much for kind advice.

I do have the complaint copy and am going through it.

Yes, previous husband is the key. I do not even know his name for sure (I know it is a blunder).

I also need to locate the judgement of wife's previous divorce. I have not seen it yet! (Another blunder)

Not sure how I can locate these. Maybe private detective or RTI can help.

Thanks.


Tue Jan 17, 2017 8:02 am
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Joined: Mon Feb 06, 2012 8:24 pm
Posts: 453
buddy firstl i am feeling so bad for you, cant tell in words... cant we guys get normal girls :(

anyhow, try to gather evidences against the lies she has mentioned in the DV complaint..hack her income tax account, you will get to know the TDS etc deducted, the FDRs in her name and other properties and investments.. download TOR browser and do it as it will hide your IP addres.. gather papers of her other assets like cars, insurance policies etc..bank accounts too..

first few dates you can delay by sayin you did not receive the complete copy of the complaint (i did this myself), or you could not hire a lawyer and blah blah.. delay the case.. and dont open all your cards in your reply, prepare an affidavit and use it as a trump card to shock the girl when the maintenance arguments happen..

and if you can have someone mediate and speak to the other party and convince them to end it amicably, nothing like it...


Tue Jan 17, 2017 5:48 pm
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Joined: Tue Sep 06, 2011 11:17 am
Posts: 608
In the counter to be filed in any case, u only have to deny all the allegations made in case they are wrong/false. U need not state what evidences u have to counter the allegations or to support ur case.


Wed Jan 18, 2017 3:42 am
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Joined: Mon Jan 09, 2017 5:16 pm
Posts: 109
Hi guitarist, Ganesh,

Thank you for your advice. I will focus on filing a good counter. From what I sense, my wife's family is never going to speak to me for the rest of my life. Any settlement can happen only via their lawyer.

My case is a little different from most of you guys because it is a 2nd marriage.

One lawyer advised me that it is likely that my wife's first divorce was not MCD but rather judgement went against her, and that is the reason wife did not show the judgement to me.

Once I get the judgement copy, this case is closed. Final nail in the coffin.

-Anand

Just one tip I want to share with you guys considering remarriage. Something I learnt only by turning my hair white. Go for remarriage only if you get never-married girl. If you get divorced girl only do live-in. If you have no choice but to marry a divorced girl, always be aware that failure chance is high.


Wed Jan 18, 2017 3:54 am
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Joined: Wed Dec 25, 2013 7:18 am
Posts: 126
Just one tip I want to share with you guys considering remarriage. Something I learnt only by turning my hair white. Go for remarriage only if you get never-married girl. If you get divorced girl only do live-in. If you have no choice but to marry a divorced girl, always be aware that failure chance is high.

---This tip I always tell people who got divorced. But some people never head too. Keep your expectations low with respect to education / looks for second marriage with unmarried girl rather than falling prey to more good looking and educated divorced / widowed girls.


Fri Jan 20, 2017 9:18 pm
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Joined: Mon Jan 09, 2017 5:16 pm
Posts: 109
Hi Friends,

My wife has now filed for divorce under cruelty, and interim maintenance under HMA. This is in addition to the Domestic Violence case going on. Large alimony and maintenance are demanded.

Any comments or suggestions on what should my approach be now?

Thanks!
Anand


Fri Feb 17, 2017 8:19 am
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Joined: Wed Dec 25, 2013 7:18 am
Posts: 126
Good that your wife has herself filed divorce under cruelty. You just say you don't have any objection for divorce but you deny her charges. Also since she does not want to stay with you on her own, you are not required to pay any alimony. There is a supreme court judgement where husband is not supposed to pay any alimony if wife who don't prove cruelty charges stays away from husband.

DV case go on its own, just deny charges and use the same supreme court judgement of denying alimony unless dv is proved.


Sun Feb 19, 2017 9:13 pm
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Joined: Mon Jan 09, 2017 5:16 pm
Posts: 109
Hi leghelp01,

Thanks a lot for help! The pointer to the supreme court judgement on alimony is useful.

Now I just need to wait and see how long this scene goes on.

Regards,
Anand


Mon Feb 20, 2017 3:45 am
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Joined: Mon Jan 09, 2017 5:16 pm
Posts: 109
Hi Friends,
I request your comments for a lawyer-specific issue.

Like I mentioned earlier in this thread, I am facing DV and divorce petitions. In DV, I have filed written statement (objections), and arguments for interim maintenance will begin. In divorce, I am yet to file written statement.

I am based in Mumbai and have a lady lawyer. When I first met her she was accompanied by a senior male lawyer, with whom she works. I selected the lady lawyer because her fees was low, and because the male lawyer sounded knowledgeable.

I have paid Rs.15000 to the lady lawyer so far. She has two children and does not have much free time. For the DV written statement, she asked me to work with the senior male lawyer. I paid Rs. 15000 to the male lawyer separately for the written statement. My wife's petition is very long (70 pages), so preparing the DV written statement was considerable work. I personally put in more effort for the written statement than the male lawyer.

My concern is that the lady lawyer is not giving my cases much time or thought. She goes to court and comes back, and that is all she does. I have never had any significant discussion with my lawyer regarding my cases, neither face-to-face nor on phone. She has never shared any tips with me, nor given me any advice. She never bothers to call me for anything.

I know that a court case is more of a wait-and-watch game, so I am not very unhappy with my lawyer. Still I wonder if I should change my lawyer. Am I being taken for a ride by my lawyer? Or is my lawyer ok?

Request for your thoughts on this...

Thanks,
Anand


Sat Apr 22, 2017 9:40 am
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Joined: Mon Aug 26, 2013 12:30 pm
Posts: 317
You can talk to ur lawyer and ask what you are expecting.

If not, change them. With money any thing possible.

I would advise go to court once and talk to office dept or clerk or court typist or pune to see which lawyer is best and works for u.

Do offline work and then take decision.

Sometimes rapo with lawyers and judge also works.


Mon Apr 24, 2017 10:54 am
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Joined: Mon Jan 09, 2017 5:16 pm
Posts: 109
Thanks Raja for advice! I will go to court and check. I am thinking now that I will wait till interim maintenance arguments are over. If interim maintenance is 0 or low, I will stick with my lawyer. If interim is high, I will change lawyer asap before appeal.

From what I have heard from others, lawyers are usually a bit mean, and no one is 100% happy with their lawyer. A tricky aspect of our situation!

Cheers,
Anand


Mon Apr 24, 2017 12:51 pm
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