I am a British citizen and my wife is an Indian citizen. My wife had made false allegations against me of domestic violence in April 2016. I was arrested and then released on bail. I was ill for one month so couldn’t make cross allegations. After one month, I also made cross allegations against her in a separate complaint. Six months later, police dropped my wife’s complaint against me and I got "no further action" letter from police. Police did not take any action against her either and they dropped my complaint as well. They did not even arrest her or interview her. I believe they didn’t even inform her about my complaint thinking I am doing this only for revenge. During these six months, I went through a lot of mental stress and tried to commit suicide. I lost my job and also my father passed away due to the stress that she has caused to my family. I have been receiving mental health treatment for depression and anxiety since April. She has also filed for divorce and it is in progress. She has also sought a non-molestation order against me which I am contesting. I did not choose the option of undertaking as I know she is only doing this to get permanent visa in UK and the undertaking would only help her in that process. I had also filed a civil case against her for getting my phone and laptop back from her which is in progress as well.
My 1st question is:
CPS has decided not to take any action against my wife and the Police took six months to investigate this matter. Can I sue the police for delaying this investigation?
My 2nd question is:
Now my wife’s complaint has been dropped by the police, can I take a legal action against my wife for making false allegations against me and for defamation? If yes, how and what is the procedure?
My 3rd question is:
My wife has said in her non-molestation witness statement that she tried committing suicide in UK as well as in India which is a crime as per Indian law and she has to abide by Indian law no matter which country she is living in. So I want to lodge a complaint against her with Indian police. I want to do this as it is in my knowledge and it is my duty to report any crime. To make that complain with Indian authorities, I have to adduce her non-molestation statements as evidence in my complaint. So my question is - do I need UK family court's permission to use her statements in India?
My understanding was that I need this permission from UK family court but I got confused when got contradictory information from civil court judge in my civil case claim hearing. In my civil court case (iPhone and tablet), my wife has adduced her non-molestation order along with her witness statement in defence saying that these are matrimonial assets and should only be dealt with in ancillary relief proceedings. Instead of adducing her divorce petition she has adduced her non-molestation statement (again to defame me). I raised this point to the judge in my civil claim hearing that she is not allowed to use her non-molestation order without family court's permission in another civil case. Civil cases are public hearings and ours is a private family matter. To my surprise, the judge said that non-molestation orders are public and can be used in civil case proceedings. I am confused now as non-molestation orders contain witness statements which are private and to my understanding she must get family court's permission before adducing this in any other civil matter. If the civil court judge is correct, can I also use this non-molestation order and her witness statements in my complaint to Indian police without family court’s permission?
As per practice direction 14E of family procedure rules:
Section 1.3 says:
A person specified in the first column of the following table may communicate to a person listed in the second column such information as is specified in the third column for the purpose or purposes specified in the fourth column.
Communicated by To Information Purpose
A party For the purpose of a criminal investigation.
My 4th question is:
What is the formal procedure to complain about my wife using her NMO and witness statement in civil court without family court’s prior permission?
In relation to my 3rd question above, I believe she is not allowed to use her NMO statement without prior permission from the family court. So I have sent a letter to court informing them about my wife using her NMO statement in civil proceedings but haven’t got any response from the court yet. It has been two months since I have written to court. I believe the admin staff at court has put my letter into my case file and it will only be looked at the final hearing only which is in February next year 2017. I do not want to wait until the final hearing as my wife is still sending her NMO witness statement to various parties without family court’s prior permission. I know this because she has tried to get my mobile sim card account transferred on her name without my knowledge. She has sent a copy of her NMO statement to the mobile company in order to influence them and get my mobile account transferred on her name. When I rang the mobile company, they informed me about this but refused to give me anything in writing due to data protection. So I cannot produce this information as evidence in court. I believe she is doing everything she can to defame me by sending her NMO statement to everybody she can. I want to stop her from further circulating this NMO statement to any other party without family court’s prior permission.
So I want to know what is the procedure to make a formal complaint to the family court that she is breaking the family procedure rules? I do not want to send another letter to the court but make a formal complaint/application so that court takes a serious look at my complaint.
My 5th question is:
I also believe that the Judge in my Non-molestation case was biased. When I went to the pre-trial review of my case, the Judge was heavily influenced by the other side and was making sarcastic comments towards me and kept on humiliating me throughout the hearing. He didn’t even look at my position statement and witness statements that I submitted to the court and straight away rejected all my requests. I then appealed against his decision and it was partially successful.
I have also made a complaint to JCIO about Judge’s conduct and it is still in progress but looking at the response letter I have received from JCIO, I am sure that no disciplinary action would be taken against the Judge.
I asked JCIO my concerns that I do not want this particular Judge to preside over my case. JCIO has then advised me to make an application for recusal. I have contacted the delivery manager at court asking him about the process and application forms for making an application for recusal but I have not received any response yet.
I had a quick look on the internet regarding an application for recusal and what I understand is that I need to write directly to the Judge requesting him to recuse himself from the case. It is then Judge’s decision whether he wants to recuse himself or not. In case he decides to continue on this case (which is very likely) then there is a risk that any future decision will be prejudiced by that recusal application. On the other hand, the judge already knows that I have made a complaint against him so this recusal application will not make much of a difference I guess?
The other option I have is to make a request to the delivery manager at court for future hearings to be heard in front of a different judge or the case to be transferred to another court. I have tried that as well but the delivery manager has declined my request and referred me back to JCIO. JCIO has then asked me to make an appeal application for the case to be transferred to a different court which I am not inclined to do due to cost implications. So the only option I have left is to make an application for recusal.
Now my question is - what is the process to make a formal application for recusal? Is there any particular application form that I need to fill up? Or is it just a letter to the Judge?
My 6th Question is:
My wife was given permission by the court to adduce her audio recordings in evidence. She has got them translated and sent me the transcripts with audio files. However, the date and time stamp of those digital files shows that they were modified or made after we were separated and I believe that they are forged and fabricated. I have informed the court that she has not sent the correct files to me but I got a reply from the judge that court cannot accept litigation by correspondence and asked me to make an application. Now my query is – why should I make an application and pay for it as it is my wife’s case. Also, I am not sure which application I am supposed to make for the non-admissibility of her evidences before the final hearing?
I don’t want to make an application to provide expert evidence for the same reason that it is her case so why should I be paying for expert evidence of her evidences.
My 7th Question is:
My wife is now starting the finance proceedings and she has indicated that she wants to have a share from my savings and properties in both UK and abroad. I do not have any savings and properties abroad. Though, I do have savings and pension in UK. We do not have any joint assets and no children. I am renting my house. We were married just over a year before we were separated. So it is a short marriage.
I want to know if she is allowed to claim from my savings that I have earned before we were married? Or can she only claim from what I earned during the time we were married?
Is she allowed to have a share from my pension that I earned before marriage or only the share which I earned during marriage?
What if I had a property abroad which I had purchased before we were married? Is she allowed to ask for a share from that property even if it was purchased before the marriage?
My 8th Question is:
Are divorce proceedings private? She always comes to court with one of her friends who attend our family case hearings. I am not comfortable with it and do not want her friend to attend any of my hearings be it family case or my divorce case. Is there any way I can stop her to?
I have already spoken to various lawyers and ex-judges and none of them could answer my above mentioned questions properly. Please let me know if you have answers to all my above mentioned questions and I will then make a prompt payment.