I filed for divorce in January and my wife filed a 498A case against me, my brother, father, and mother in March. This January, she also filed a Domestic Violence case (DVC), adding my sister’s name to the list of accused. My concern is about the DVC case – I plan to only contest it and make all family members ex-parte. Will this cause any issues in the future? Does being ex-parte imply we agree with my wife’s allegations? If her claims are proven false at trial, will the ex-parte judgment affect my family members? What are the potential consequences for my family if my wife wins the DVC case? I need your advice on whether this strategy is wise or not.

Apni Law
Apni Law
Law Forum › Category: Family › I filed for divorce in January and my wife filed a 498A case against me, my brother, father, and mother in March. This January, she also filed a Domestic Violence case (DVC), adding my sister’s name to the list of accused. My concern is about the DVC case – I plan to only contest it and make all family members ex-parte. Will this cause any issues in the future? Does being ex-parte imply we agree with my wife’s allegations? If her claims are proven false at trial, will the ex-parte judgment affect my family members? What are the potential consequences for my family if my wife wins the DVC case? I need your advice on whether this strategy is wise or not.
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Apni Law Staff asked 1 year ago

I filed for divorce in January and my wife filed a 498A case against me, my brother, father, and mother in March. This January, she also filed a Domestic Violence case (DVC), adding my sister’s name to the list of accused. My concern is about the DVC case – I plan to only contest it and make all family members ex-parte. Will this cause any issues in the future? Does being ex-parte imply we agree with my wife’s allegations? If her claims are proven false at trial, will the ex-parte judgment affect my family members? What are the potential consequences for my family if my wife wins the DVC case? I need your advice on whether this strategy is wise or not.

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Best Answer

Apni Law Staff answered 1 year ago

Making all family members ex-parte in the DVC case could lead to an adverse judgment, as it implies acceptance of the allegations. While a false claim might be proven, an ex-parte judgment could still result in negative consequences, including maintenance orders and restraining orders. This strategy might not be advisable, as it could create future complications and leave your family vulnerable to legal repercussions.

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Previous Article My husband and I got married both through the court and Hindu rituals. We met on a matrimonial site for our community, and we belong to the same caste. Unfortunately, our marriage lasted only three months. He constantly harassed me mentally and physically, demanding money, making me do all the housework, even though I have my own job. I travel four hours daily to work, and my own family also pressured me for dowry and my salary. I want a quick divorce because he’s trying to get revenge for me filing a police complaint, even though it hasn’t yet become an FIR. Can you guide me on the fastest way to get a divorce? What steps should I take to ensure it goes smoothly and he eventually agrees to it?
Next Article My shop has been rented out for a decade, and the tenant won’t raise the rent or move out. I’ve been fighting this in court for almost four years, but the case keeps getting delayed. My lawyer is taking my money but not making any progress. How can I finally resolve this within the next couple of months? I need help!

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