• Wife has filed DV case against me due to which father got heart attack

My wife has filed a DV case against me last year. 
She has been filing interim applications continuously due to which my father got stressed and suffered heart attack last year and this year had to go through Bypass
What remedies do I have against her cruelty.
Due to her behaviour I have high blood pressure and chest pains as well.
Asked 1 year ago in Family Law
Religion: Hindu

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11 Answers

You need to contest the case on merit and get it dismissed. After that you can file civil suit under law to torts against her for compensation as damages to health father and your health.

Ravi Shinde
Advocate, Hyderabad
3153 Answers
42 Consultations

5.0 on 5.0

Lady members of your house can also file DV case against her. You can file divorce case on ground of cruelty against her. After the case gets over you can also file defamation against her

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

File for divorce on grounds of mental cruelty 

 

2) best option is to file for divorce by mutual consent 

 

3) if wife does not agree you will have to file for contested divorce only 

 

4) you ha ve to prove allegations made in divorce petition 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

File a domestic violence case against her through your mother/sister and send her notices. Moreover, has any order been passed yet? Maintenance etc. If yes then file an appeal.

Rahul Mishra
Advocate, Lucknow
13846 Answers
65 Consultations

5.0 on 5.0

Dear Client,

File a complaint before your wife does. This will make the police aware of the harassment you are facing and your wife will not be able to file a false complaint against you. After that, you can file for a divorce in the concerned family court. Gather all the evidence possible that can help establish that your spouse has been treating you with cruelty and harassing you. This evidence will help you in court.

Thank you.

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

You have to face the DV case bravely and defend yourself strongly based on proper evidence. Please be guided by your lawyer.

Swaminathan Neelakantan
Advocate, Coimbatore
2152 Answers
20 Consultations

4.9 on 5.0

You cannot do anything about such aggravating health issues. 

She cannot be held responsible for the health issues or developments there to.

You challenge her cases properly and get them dismissed. 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

1. Filing of DV case can not be considered as cruelty unless the DV case is rejected.

 

2. You can file a divorce suit on the ground of cruelty wherein the  false DV case filed by her can be shown as part of her cruel act.

 

3. You can not legally attribute your high blood pressure and your father's heart attack on her filing the DV case even if it is rejected by the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
26800 Answers
726 Consultations

5.0 on 5.0

Hi, If she filed an application one after another you have no other options you need to contest the same. Don't take it as morally you can contest the same legally.

Pradeep Bharathipura
Advocate, Bangalore
5454 Answers
311 Consultations

4.5 on 5.0

As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Your father can file a compliant against her harassment after mentioning all the details , and your mother can also file a compliant under the provision of DV against her before the same court legally. 

- Further , as she filing interim application then you can mention all the details of your father and expenditure for treatment before the court at the time of argument to that application. 

- Further , if she is not interested to live with you then you can file divorce case on the ground of cruelty and other grounds as mentioned above. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

Hi, 

It's very sad to know that, your beloved father lost his life due to tension of pending DV case. 

You also mentioned that you are also going through health trouble. First of all let me tell you, You have to stop continuously worrieng as there is a solution to every problem. 

Let's talk about your DV case in brief, as you mentioned, it's pending & your wife is continuously filing interim applications. First and obvious way is , you can put your side before Hon'ble Court to not to grant interim application of your wife. 

 

Secondly you can go for quashing before Hon'ble High Court so that the entire DV case will be quashed from entirty.

I hope my short advice would have helped you to release some tension. We can also discuss it in detail. 

 

Regards,

Adv. Aftab Patel

High Court, 

Aurangabad.(Maharashtra)

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Aftab Patel
Advocate, Aurangabad
23 Answers

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