Mcd in us - writ in delhi hc against false dowry/dv
Case: Married in New Delhi on 5 Dec 2014. Wife did not stay with me for more than 15 days. I was to come back to US for resuming work. She did not join me. A few months later on 17 April 2015 she came to US and we agreed on a mutual consented divorce in USA. The case was filed and she signed on the following documents:
1. Acknowledgement of receiving summons to court. Agreeing to grant of decision as requested by me in my petition and waiving her court appearance, allowing the court of NJ to decide the matter. Dated 24th April 2015. This document is notarized by public notary.
2. Agreement with her Lawyer. To hire a lawyer to represent her in the case. The agreement talks about the services provided by the lawyer. Dated 24th Apr 2015
3. Settlement agreement: Signed by both her and me and attested by her lawyer and my lawyer. This agreement mentions she was not subjected to and DV or Dowry and we both waive any claim to alimony from the other party. Dated 26th Apr 2015
The court passed a divorce decree on 7th July 2015. The hearing was attended by her lawyer as her representative, my lawyer and myself. The judgment identifies that her lawyer also attended the hearing.
Now, after a few months in Aug 2015, she filed a case of Dowry and DV against me and my family in New Delhi CAW cell. In mediation cell she is asking 50Lakhs+2BHK to settle the matter.
Apart from above mentioned documents, we have the following documents with us:
1. Her texts and whatsapps for refusal to go with me.
2. A letter signed by her brother stating that there was never a demand of dowry from them and that she left our house with her own will.
3. Her whatsapps asking for a divorce, while she was in US.
4. A hidden camera video recording of her agreeing for divorce.
5. A letter signed by 4 of her family members and my father - agreeing on things that happened post marriage. This lists that she left our home on her own will and was not subject to any harassment.
6. Two general diary entries in local PS. These were made in Dec 2014 after she left our home and later one in Feb 2015, when she was not returning to matrimonial home.
7. A detective report and a video showing her kissing her bf in an open park.
Many other whatsapp conversations in which she insisted that she will return soon, but never did.
We want to approach the HC with a writ petition. We want to bring to light the case facts and appeal to the court to finalize my divorce with her.
1. Please suggest if this is possible with the current stand of things? Is it required that we have a FIR against us to file a writ?
2. I read somewhere that in writ petitions, the court doesn't go into discovery of facts of the case. Is that true? If yes, then what would court decide on in our case?
3. I also read that the writ petitions are decided on the basis of affidavits from both the parties. She will most likely cry foul saying she signed under duress or alike. Would this mean that the court would dismiss the writ only on such sworn affidavit from her?
4. Can we request interim relief from the court on our writ? The relief requested would be stay on CAW and Mediation Cell proceedings, including FIR etc while the writ is pending?
5. In case the ex-wife comes to agreement terms while writ is pending, and agree to mutually settle it all outside the court, can we withdraw the writ later?