(Guest)

Some possible cases in family law and their solution

Maintenance case
498A/ domestic violence
Divorce

These are possible cases involving husband wife relation ship. What to do in each case:

MAINTENANCE CASE

She is weak and he is strong: defensively show that he is bankrupt or financially weak.
She is strong and he is weak: aggressively deny maintenance. Showing he is bankrupt also helps.

Strong/weak: financially

498A/ DOMESTIC VIOLENCE

Allegations are in FIR but not on charge sheet: file quash petition
Allegations are on charge sheet but not on FIR: file quash petition
Get bail as soon as possible.
Her lawyer is not attending the case: claim ex parte judgment.
Her lawyer is luring you to lump sum compensation: tell the court about it and claim ex parte judgment.
Both 4 and 5: tell the court and claim ex parte judgment.
Judge is not listening to you: mention that in the appeal to higher courts.
Falsely alleged in a 498A case: file quash petition if no evidence of crime.

DIVORCE CASE

Mutual consent divorce

a] she consents first and withdraws later : lure her to consent outside court

b] He consents first and withdraws later: lure him to consent outside court.

2.Contested divorce case

2. a] she/he is not attending trial: claim ex parte judgment

2. b] she/he is threatening to prolong the trial : inform court and claim ex parte judgment.

2. c] judge is partial: mention that in appeal

2. d] she/he does not want to divorce:choose ground carefully .

2.e] lawyer is sucking your money: change lawyer.

IF YOU HAVE ANY PROBLEM WHICH IS NOT WRITTEN HERE PLESE LET ME KNOW.

Reply Follow

8 Replies

(Guest)

You appear to have covered almost all of them.

b.goheel 03 November 2015

with appreciation, afraid who file the case may be also play the vital role to consider in above strategy.
feel obliged if author ellaborate the strategy with keeping in mind who is petitioner and finding strength of petition after filing their reply.

(Guest)

in 498A / domestic violence case wife is the only one who petitions. i have seen in some cases where wife framed her husband and her brother-in-law and brother-in-law's wife. in this case the in laws will file quash petiton if there is no evidence of their involvement.

in contested divorce case, if husband files the case and wife is not attending trial or not cooperating, the husband can claim ex parte judgment. the judgment ex parte can only be given if wife cannot show a valid reason for her absense.

if wife files case and husband is not attending, then also wife can claim ex parte judgment. the judgment ex parte can only be given if husband cannot show a valid reason for his absense.

maintenance case is always filed by wife. so the strategy varies according to varying financial strength of party.

chandra mohan (power) 03 November 2015

Join mens rights group and fight back your cases with all the evidences.

Never encourage legal extortion business on fake cases.

SAINATH DEVALLA (LEGAL CONSULTANT) 03 November 2015

Nice piece of informative presentation by the author,though I dispute some aspects.

Ravi (a) 03 November 2015

thank you so much sir! this is nice and neat. any new comer affectet by family laws, indeed, understand your points easily.

also let me know

in divorce case, 498a, DV case

if wife's chief & cross are not matching, what husband has to do?

if husband's chief & cross are not matching, what wife has to do?

(Guest)

Originally posted by : Ravi
	thank you so much sir! this is nice and neat. any new comer affectet by family laws, indeed, understand your points easily. also let me know in divorce case, 498a, DV case if wife's chief & cross are not matching, what husband has to do? if husband's chief & cross are not matching, what wife has to do?

if wife's chief and cross don't match on a point that means the point is a fake. husband can exploit thefake point. the same is applicable to wife if husband's chief and cross don't match on a point.

for example wife's chief and cross don't match on, say, the place of torture. it means that the place of torture is a fake one. husband can exploit this.