You have to lead evidence separately in divorce case and DV case
2) you have to file appeal in HC against order of family court in divorce case
Writ or appeal against in high court.
I had filed dv case and subsequently husband filed a divorce case a year after. The dv case is subjudice and divorce was granted recently on the only ground that respondent has not given any oral evidence of physical and mental abuse in divorce case hence her cruelty allegation in WS are false and baseless ,thus it is cruelty to husband . The reason I had not given oral evidence in divorce was that ,the issue of cruelty which I had mentioned in divorce case was before Dv Court and for which I had already given oral and documentary evidence ,also to avoid conflicting decision on the same issue by two different Courts. The oral evidence recorded in dv case, although before divorce court was not considered reasoning dv is separate case . Also I had enough evidence to prove his divorce case false , however the Court did not consider to go in the falsity of husband divorce petition reasoning that if I don't give evidence of my case , husbands case is considered true! Also husband had registered his name on matrimonial site stating to be unmarried and was seeking alliance fraudently staying abroad during pendency of divorce and for this I had given documentary evidence in divorce case, however the Court is silent about this point in the judgement . Husband had also denied existence of police complaints filed by himself during his cross hence I could not cross husband further on them , however the Court has considered the contents of these complaints against me in the judgement . Also nothing was mentioned in his pleadings either about these complaints . I also find something fishy as the entire case was new before the divorce Court and it decided the case within just 4 dates , in span of 1 month did not want oral argument .Husband did not want to previous judge in divorce case decide the matter who had recorded the evidence ,herd oral argument and he just kept prolonging his arguments for good 2 yrs until the judge retired . Can divorce Court decided on the ingredients of Dv case and make such prejudicial order when no oral evidence was given and also when it was not interested in considering the oral evidence in dv ? Was I duty bound to give oral evidence of my cruelty case in both the dv and divorce case? Is appeal the only remedy for divorce, or Can i file a writ about the prejudicial decision regarding the ingredients of my dv case ? The appeal will take a long time to decide in High Court , and the prejudicial order will affect my dv case which is not decided ? Please let me know the appropriate remedy ,Thank u in advance.
Asked 5 years ago in Family Law
Religion: Hindu
6 Answers
Hi, you have no other choice you have to file an appeal before the High Court in the Divorce proceedings. Further, the evidence recorded in the DV Case will not considered in Divorce proceedings unless you have submitted the same as per law. Further, you have not adduced any evidence in the Divorce proceedings. So you need to file appeal in the High Court.
- At this point of time , on this forum, the only thing stated is you are bound to profer evidence (oral and/or written) in every legal proceeding initiated by you or against you.
- As you didn't profer evidence before the family court, the family court completed it's proceedings in the absence of your evidence and/or written statement and arrived at a judgement in favour of your husband in the divorce petition moved by him.
- It follows that as you are no longer his legally wedded wife by virtue of the family court granting him divorce, your divorce petition before the magistrate will fall flat now.
- As stated in 1, you committed a grave mistake by not representing your case appropriately before the family court. The only remedy for it is appeal before the H. C. against the family court judgement. Any revision or review petition will fail, as it was your fault in not providing evidence /written statement before the family court. Hence, the only option is appeal.
- It follows that you weren't properly guided in the litigations. This happens when you appoint greenhorns as your counsel (advocate), just because they come cheap.
- Expert legal assistance can be available only at a consummerate remuneration madam. I'm willing to extend legal assistance to you. However, I require an exhaustive consultation session with you first, to advice you and launch the appropriate litigations as your counsel.
- You must take back your brief from whoever is your advocate in dv. As it is, your dv petition will fall flat as you are no longer a legally wedded wife.
- You have to visit me then, for appropriate guidance. I'm based in Mumbai /NaviMumbai just as you are, hence it shouldn't be much difficult for you to visit me.
- ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four)
You can seek appeal on urgent ground and pray for stay the said order of trial court
1. I don't who advised you but you were certainly wrong in not giving evidence in divorce suit.
2. The order is perfectly right though you can try your luck by preferring Appeal in high court. No writ petition lies.
3. File revision in high court for expeditious disposal of your DV case.
The fault is in your side that you did not give evidence from your side and did not make yourself available before court to present your side argument.
You cannot blame court or the opposite side for the fault which is lying on your side.
The DV case is totally different to that of the divorce case hence you cannot rely upon it to get a favorable order.
You should have fought the divorce case with tooth and nail in the concerned court, hence you are suffering for not challenging the case properly.
In my opinion, you may not be successful even if you prefer an appeal against the trial court decision.
You can concentrate on your DV case properly and do not let it out without prosecuting it properly.
