Domestic violence

Hello,
I feel to write you for your advise for my matrimonial problem.
I got divorced by way of mutual agreement on stamp paper which was notarized in 2005 our marriage last for only 2 months and parted away, after that we filed police complaints, litigations on each other etc. since I had her name in my passport as a wife and after divorce she didn’t wanted to cooperate to remove her name. She has admitted customary divorce in various court. She is earning 40000 pm she has filed 498, and DV in 2010. She has withdrawn section 20,22 but she asked for residence order u/s 19 and finally judge ordered 6000 pm.on the ground of prima facie of 498. Its been 9 years to our separation and divorce then also is she entitled to get money for residence.She is living with her parents and well settled but she said i will harass you whole life.I was remarried in 2013 which I have admitted in my family suit to get declaration of divorce which is pending.How can i get rid of residence order?since it is almost 9 years of separation.
Actually she has admitted in her cross examination that her salary is 15000 but its not true actual is 40000 when my lawyer moved on application to cross examine her HR people then she withdrawn sec.20 and 22.Then my lawyer closed my evidence stage.She then gave application u/s 19 for residence.We applied to reopen our evidence but Magistrate denied our application.Can I request to add fresh evidence in Sessions Appeal?,to bring HR ppl there.Judge have such powers?
Please reply
Thank you
Sunnir

Asked 10 years ago in Civil Law

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6 Answers

1) divorce by mutual agreement on stamp paper is not valid . A divorce, in order to be legalised, mandatorily requires a judicial decree from a court of law and nothing less would do

2) since she continues to be your wife legally she is entitled to file DV case and obtain right to stay in matrimonial home or alternative accommodation .

3) your remarriage during subsistence of earlier marriage is illegal .

3) you ought to have called upon your wife to file her income tax returns for last 3 years . it would have shown what is her actual income .

4)once your lawyer has closed evidence magistrate right denied your application to lead further

evidence .

5) as mentioned earlier as your wife she is entitled to right to stay in matrimonial house under Dv act

Ajay Sethi

Advocate, Mumbai

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Thank you so much sir for your answer.
Now I have one more question. Is it possible to prove her actual income in the appeal? (sessions or high court) and would it benefit me in any way.
Thank you in advance.

Asked 10 years ago

if you can prove her income in that case you can file application under 340crpc for perjury

Rajeev Bari

Advocate, New Delhi

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Talk to Advocate Rajeev Bari

You mean in the session court appeal i can file an application u/s 340crpc.?? 
My case is over in trial court and judge has ordered Rs.6000 for residence. On her cross examination, she lied about her salary she admitted only 15000.

Asked 10 years ago

engage a detective agency gather evidence about her actual income . in your appeal before session court enclose copy of evidence gathered by you of her actual income

Ajay Sethi

Advocate, Mumbai

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you can file complaint in the court of judicial magistrate of your area or you can file revision in the court of session judge on the basis of evidence gathered by you

Rajeev Bari

Advocate, New Delhi

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Talk to Advocate Rajeev Bari

1. Divorce on stamp paper is illegal and has no value in the eyes of law. It is a nullity. She continues to be your wife. For a divorce to be legally valid it should have the stamp of approval of court.

2. As your wife she has the right to seek matrimonial reliefs against you by moving to court.

3. Unless you are a muslim you are a sitting duck to a criminal prosecution for bigamy as you remarried without divorcing your first wife. If your first wife files a case for your criminal prosecution you may have to suffer conviction and imprisonment for up to 5 years. Her lawyer must have made her familiar with this.

4. Call her IT returns to prove her income.

5. Move an appeal in Sessions on the basis of further evidence.