I hv filed a pwdv case, and a divorce case against my husband.in return he had filed a custody case and has a visitation order too. i had been complying with court orders for last 3 yeas. but i discoverded that my husband comes drunk and also abuses me and my parents. on 4.6 2017 a similar incident happened and as a result i lodged a complaint in the nearby policestation. at first the police were unwilling to take my complain but after much persuasion they took it but did not fetched a g.d number to it.to my surprise i saw my husband who was arrested by the traffic police and brought to the same p.s.he was sent t for alcohol test which is far beyond the normal. .after much difficulty we could get the certified papers from the motor vehicle dept.could i produce them in court.how can i use them to make my cases strong.in the mean while i have already appealed for cancellation of visitation.could these papers help me.i need proper guidane as i am in total fuss regarding these matters.
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how can i get my original documents back as my huband has filed an objection to them.these documents are needed for my divorce case as well
1. THe said case details would not help you much in the DV case as drinking alcohol in itself does not mean he tortured you.
2. You can give such details but you will have to reply upon your own evidence.
3. if the case is getting delayed for no fault of yours then you can apply in high court for direction of speedy trial in a time frame manner.
1) you must record the abuses
2) install CCTV cameras in your house wherein his abuses can be recorded
3) on basis of audio recordings and video footage apply to court for modification of order granting husband visitation rights
4) you can also rely upon certified copies obtained from motor vehicle department where he has been arrested for drunk driving
submit certified copies and apply to court to return your original documents
File an application before the court under section 91 of Cr.P.C. where your domestic violence case is pending and claim your documents produced before the court or you can claim your documents returned as he has no concerned with those documents, if he is not given documents to you then it will also be consider as cruelty and based on cruelty you can get divorce from him.
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Yes these paper can help you, you are not required to get a certified copy of the same. you can ask a local lawyer to help you with the same who can procure the copy of such documents for you from the file.
Visitation right can be cancelled and you can claim entire custody on the said ground.
Regards
this documents shall prove that he is very careless person and habitual drinker, in the condition visitation right either should be shortened or cancelled in the interest and welfare of the child. according to guardian and wards act, welfare of the child is paramount for determination of visitation right. you may rely on these documents.
police officer is bound under section 155 of crpc to enter the gist of complaint in the general diary. if you have receiving on the complaint that it was produced before the police station then it shall be admitted without mentioning of GD number thereon.
Yes on the basis of these papers you could prove before the Court that your husband is occasionally drunk when he comes to meet the child and he utilises the liberty given to him to visit his child as he exploits the occasions by hurling abuses at you and your family. These papers are sufficient for your to get the visitation order cancelled.
Currently in whose custody are these original documents lying?
In your petition to vacate the interim orders on visitation rights, you can state the reasons that he comes drunk during visiting the child and the child shrinks its face unable to bear the alcohol stench.
You can state that is an alcoholic addict and the example is that he was recently fined by police for drink and driving also, the evinced in your possession ma be produced before court, all these would make the court to re-think about the orders passed on visitation rights.
Your arguments should convince the court because this may help the court to decide about the child custody case too.
how can i get my original documents back as my huband has filed an objection to them.these documents are needed for my divorce case as well
For retrieving the original documents from court for any special purpose, you should first apply for certified copy of the documents, once you get them, you should file a petition for return of original documents by replacing the certified copies of the documents.