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rakesh sss (operater)     06 September 2011

Can dv act aply ater wininng of 498a?

I aqueted from 498 alligations 2 days before.

after filling 498a my wife fils dvc at protection officer before 3 years.at their alligations are same.at the time no dicission given .no action taken by prot. offi. perhaps they close the case i not sure.i want to know can my wife goes another time says for take action  against me in dv act., can after winning 498a the dv act apply on me or she goes for any residanse order or other thing, 

mc and divorse case is going on,

'meri biwi ke pass meri bacchi hai,pahle usne 498a ka use hamare khilaf kia ab mughe dar hai wo meri bachi ko nuksan na pahuchaye kyoki meri biwi har bardas nahi kar sakati(thats her nature)mughe apni bachi ke liye chinta hai please give me suggetion for best for my child.



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 12 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 September 2011

Well, Strictly speaking, she can ask for maintenance under CrPC 125, DV and all other avenues which are open to her.

 

However, if she files DV on same grounds, she may not get compensation or Right of Residence Orders.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     08 September 2011

Dear Rakesh,

Please file damages suit agaisnt your wife, if you are acquitted from court. Go through judgment and all evidence minutely. Also file Gaudianship case against your wife to seek visitation rights to check upbringing of your daughter. I agree with Ms. Kapoor on DV Act case. but we cannot comment on merits of case without going through documents. we cannot stop anybody from filing case against us. Haven't you file any divorce case till date. if no file it now you have solid grounds to get divorce, if you are acquitted.

Regards

RAJIV BHASIN (Adv)

BHASIN & ASSOCIATES

9811210505, 9868635640

danish (Manager)     08 September 2011

@ Mr. Bhasin.

 

Since rakesh is having a solid  ground for divorce, will he need to pay any maintenance amount to wife once the court grant him divorce.  

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 September 2011

That would depend on many things... conduct of parties is just one aspect of it.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

rakesh sss (operater)     09 September 2011

shonee ji,

she file mc against me but i produce solid proof to court  that she is employ to mnc.even she admit trial

court(498a) that she doing job at mnc while cross exam.but she mention mc pettion that she house wife and alligation are

same as -498a/dv case.

i file divorce recentaly.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 September 2011

Which State/ City?

 

On the face of it, it doesnot seem, she should get any maintenance. There are 1000s of judgement on employed women not getting any maintenance.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Female Activist (housewife)     13 September 2011

and there are 1000s of judgements where working women get maintenance. shonee ji, u think lawyers other than u r fools. this guy should take the responsibility of children atleast.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 September 2011

:-) Actvist, my dear Friend,

 

I am not a lawyer and I think people in general are smart. Also, I don't hold anything against anyone.

 

God Bless You Activist.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 

PS: Don't be a rebel without a cause or rebel without a pause.

1 Like

rakesh sss (operater)     14 September 2011

"pahle 498 karke apni pair me kulhadi maro, jab hos me aao to pair me giro agar na giro to female activist bankar 10 aur ko barbad karo" "hum to dube hai baki ko kyu chode" i well know my responsbility to my child MISSES ACTIVIST

rakesh sss (operater)     03 November 2011

female activist are main enemy of indian families and indian women.

rakesh sss (operater)     03 November 2011

so-called female activist are main enemy of indian families and indian women.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 November 2011

Woke up pretty late my friend, she is gone.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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