You have to appeal against the divorce case judgement
I filed divorce case in may 2016 on mental harrasment grounds ...i have audio recordings but was never asked for it by gzb court even my lawyer said its not admissible.. my wife came to court for first 3 times in front of judge . but since feb 2017 they never came .. in jan 2018 after 5-6 hearings my lawyer demanded ex parte proceedings.. for next one year judge kept giving last chance ... notice .... but in vain ... in jan2019 judge finally proceeded with ex parte ... we submit statements as an evidence and all ...and in judgement judge dismissed the case .... i have lost 3 years of painful process of court and yet no relief ... what should i do .... during this process my wife also filed 125 on behalf of my daughter ...judge set interm maintenance as 25k per month with arrears around 2.5 lac.. against which i appealed in HC allahabad and it was set for 15 k .... but here in gzb my wife stopped coming to court and the 125 case was dismissed ... now she has already filed DV case in which after 3 hearings we have not recieved the charge sheet .... so in a nutshell ...she is troubling me n not coming to court ...i need help with divorce case dismissal issue ....pl. advise
You have to appeal against the divorce case judgement
What were grounds for dismissal?
File appeal against dismissal before HC
3) contest the false DV case filed by wife
It seems it was dismissed due to non production of sufficient material like audio recordings about cruelty. Court always stand at neutral place. It is for the party to produce necessary audio recordings and oral evidence by your witnesses to convince the court about mental cruelty given by your wife. Anyway you can prefer appeal and try to produce audio recording and now so much of time is elapsed so High court will pass orders in your favor as your martial relationship cannot be restored.
i would suggest you to file an appeal before the High Court and take all the necessary grounds after observing the family courts order.
The divorce case was dismissed and therefore an appeal must be filed against the dismissal order in the high court.
File a appeal on divorce case that your evidence and statement was not considered your wife did not file proper reply and her evidence for same was not recorded even in ex-parte proceeding the case was decided agaisnt you without considering the factual matrix,
File appeal against dismissal before the highcourt..
After the dismissal of your divorce case the absence left on you to go for the revision of the dismissal in Higher Court we can understand that he painful 3 years but this is sometimes happening in divorce cases because the primary objectives of the course art to Reconcile the matter instead of giving the divorce.
Hi, you can appeal in the high court against the lower court order ..For getting divorce grounds such as adultery ,desertion , mental and physical cruelty (least important) has to be made in evidence before the court
If the case is dismissed in family court you need to file appeal in hc
1. Audio recordings are very much admissible in evidence in accordance with provisions of Indian Evidence Act.
2. In DV case there is no chargesheet as it is a quasi criminal case.
3. You are free to challenge in the High Court the dismissal of the divorce petition. Nothing can be said on merits unless the judgment is perused,
You may prefer an appeal against the judgment given in the divorce case.
You may go through the judgment as to what went wrong in your pleadings or in the case filed b by you. It is an erroneous judgment you have strong grounds for appeal.
You may better engage an experienced lawyer to prefer appeal before appellate court by placing strong grounds for appeal.
in DV case wife again asking court to start interim maintenance , made my father and brother a party too , my father disowned me back in 2012 as they could see that it will turn ugly n they wanted no part in it . since 125 case was dismissed i m still paying 15k out of my own will that it would go to my kid only ...they are threatening to file 498 aswell very soon and would make everyone accuse . this a turning out to be a nightmare ... in DV case they have asked for total of 35 lac as compensation and 1.3 lac a month maintenance ... i cant believe all this that they have asked . i am already paying for EMI of a flat that i have not taken possession for as i m stuck with these recurring monthly expenses ...they are threatening that if i stop paying for emi of an un possessed flat they will go to the court and make me pay for it and get court to order me to take possession even if i dont have money to pay for it . can they force me to pay emi even if i cant afford it and can court order me take possession even if i dont have money
See in case you cannot afford it in that case you cannot be forced to take possession of the property you can stop emi bank will take order to attach the property since loan is not paid.
Further if they are intimidating of false 498a file complaint against her and her family that they are intimidating and harrasing for false cases.
You should file detailed reply denying allegations against your family in Dv case
2) stop paying EMI of flat
3) let flat be auctioned as you are unable to pay EMI
4) court would not direct you to pay EMI if you have no funds
First of all stop worrying or getting frightened on their silly and childish threats they pose against you in all the aspects you have mentioned here.
You challenge her interim maintenance case in the DV case on the basis of the dismissal of her 125 cr,.p.c. maintenance case.
You can refuse to accept her claim for compensation of such a huge amount.
It is your decision to continue to pay the EMI in future or not.
Dont be pressurised on their words that you have to pay EMI or they will make you to pay it somehow
They cannot do anything on it.
Your father disowning is legally not acceptable because such relationship will never end just because he disowned you, it is a gimmick.
You challenge her false cases in the trial proceedings properly.
They can't force you to pay the same. They are threatening you.
No they can not force you to pay the EMI's.