Firslty, it is only for a man that a society thinks that he must have done something wrong without going into the details of the matter.

Secondly, yes sure you would get divorce.

Thirdly, it’s been in nature of the wife to file such cases, but you need not to worry at all as the credibility goes almost half the moment it comes free filing the divorce petition.

Which state did your wife file the Domestic Violence complaint in?

Now days peoples are using the domestic violence act as a tool to harass their partner. In your case, you said that you are staying away from your wife for the past two years. Therefore she might have mentioned that the domestic violence happened 2 years before while she was staying with you. If so, you have a better case. As per the recent High Court Judgment the domestic violence complaint has to be filed within one year from the date of alleged incidents. Assuming, if she mentioned that the alleged incident was happend between these 2 years, that is also going to help you to prove that the complaint is a fabricated one. Therefore, dont worry you will succeed the case. It is a fit case to file a quash petition before the High Court to quash false complaint. Being a working women she cannot claim any maintenance. Paying marriage expenses is concern it is upto you decide. If she agreed for mutual concent and if you are able to pay that amount then pay something to purchase the peace.

If your wife files any case against you under 498a IPC and other supplementary charges of IPC, it will greatly obstruct you from leaving India for education, till the trial is concluded.

Pendency of criminal cases wont stop you from going abroad, but you would need to appear personally during important dates, when you're personal appearance cannot be dispensed with, which would be difficult for you as a student.

In Dv case you can go leave country for higher education. Your parents are also respondents in DV case nd you can file quashing petition before High Court qua your parents.

Dear Sir,

You have taken a wise decision. Your allegations can be proved if you take little strain. Be attentive in producing the documentary and oral evidence. No settlement report will be sent by the counselors and then evidence will commence in the divorce case. Since she also highly education divorce will be granted without alimony. You can go abroad and take video conference which is possible. In DV case also take same facility. The only thing is you must apply and get permission. If rejected the approach HC which will grant.

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Lower courts to use video conferencing to hear divorce, custody cases

The Supreme Court has asked lower courts to use video-conferencing facility in divorce, custody and other matrimonial cases when the estranged couple live in different cities, an order aimed at speedy disposal of such disputes.

Disagreement between a husband and a wife over the place of hearing is one of the biggest reasons for delays in matrimonial cases.

Typically, the woman’s choice is given a priority and the case moved to the place where she lives.

But transfers can only be ordered by the Supreme Court, which is flooded with such petitions that can take years to be resolved.

“... the litigants have to travel to this court and spend on litigation. Question is whether this can be avoided,” said a bench of justice AK Goel and justice UU Lalit in the order issued last week, adding technology ought to be utilised to avoid delays in such cases.

It was not possible to ignore the problems a husband faced in contesting a case at a place convenient to the wife, the court said.

“We are thus of the view that it is necessary to issue certain directions which may provide alternatives to seeking transfer of proceedings on account of inability of a party to contest proceedings at a place away from their ordinary residence on the ground that if proceedings are not transferred, it will result in denial of justice,” it said.

Trial courts should use video-conference calls for recording evidence instead of insisting on personal appearances during hearings.

The direction came on a three-year-old transfer plea by a woman who wanted her divorce case to be moved from Jabalpur in Madhya Pradesh to a court in Hyderabad, where she lived with her minor daughter. The two cities are at least 700km apart.

The case was filed in Jabalpur where her estranged husband resided.

The bench directed high courts to issue orders to regulate the use of video conferencing for trial courts.

If any or both sides ask for the facility, proceeding should be conducted through video conferencing, the court said.

Judicial process in India is painfully slow as courts are saddled with a huge backlog. At the last count, around 28 million cases were pending in various court of the country.

If your marriage was love marriage then your case is good qua quashing against your parents and most probably high court ll stay the proceddings on first date of hearing qua your parents

Once the proceedings under DV has been initiated then u have to face it and u Canot avoid it in any circumstances however contest the divorce proceeding n submit the order sheet of divorce proceeding in DV proceeding and tell them that she is not contesting the case their and also show all the evidence and first try to save ur parents first. Otherwise we can come to allahabad highcourt

You have to prove allegations made in divorce petition of mental cruelty

2) if you fail to prove you would not get divorce decree

3) you cannot be forced to stay with your wife against your wishes

4) if any FIR is filed apply for and obtain Anticipatory bail from sessions court

In DV case there is no arrest

2) you don’t need to apply for bail

3) file detailed reply denying the allegations made against you

4) you can go abroad for further studies

Dear Querist

No need to worry, fight the cases on merit, if her demand is not acceptable by you then nobody can force you for that, it will be better to fight the case with the help of the lawyer who deals in the matrimonial criminal cases.

in DV there is no requirement the presence of your parents. only you may appear and fight the case.

Nothing to worry about any major problem.

Feel Free to call

1) You can get divorce and secondly she had agreed for Mutual Consent Divorce in the first hearing. So you stick to that as MCD is very fast procedure for divorce and secondly she is not entitled for any alimony or compensation amount as she is working women and highly qualified so she is earning handsomely.

Continue with your divorce case unabated and unaffected by the CAW proceedings initiated by her.

Rest assured because there's no automatic arrest in matrimonial FIRs anymore.

You are free to move out of the Country at this stage.

The divorce case has been filed by you on the basis of the reasons and grounds that you rely upon, hence you continue to concentrate in your divorce case on the same line.

No doubt this DV case has been filed in retaliation and to put pressure on you to avenge you or may be to extort money from you.

You do not deter your determination.

You can challenge her false DV case on merits and documentary evidences supporting your defence.

Until there is a FIR pending agaisnt you or a criminal case is pending in a criminal court of law, you do not have to take permission from anyone to travel abroad even for your higher education.

But since you have filed the divorce case, you may have to follow it up regularly so that the case do not get dismissed.

As far as mutual consent divorce is concerned , if you want to close all litigation by paying the ransom demanded by them after negotiations, you may avail the opportunity and get out of all such hassles once for all.

Decide wisely and judiciously.

Your divorce will be decided in family court on separate grounds. DV Petition will be disposed differently.