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Kannan (Sales)     26 May 2014

Urgent plz in domestic violence

Plz  advice me what should i do now?

 

My wife have a affair with my friend. One day by accidently i saw my wife msg in my friends mobile, love you and kiss you......these type of msg. I broked totally and asked about this to her. She shouted why u putting false on me i am not such a person like  that, i told her i saw the msg in my eyes.

then she left home and 4 hrs she came back home and told me , why u torcher for money i cant give, i will put 498a on you blackmailed me.

I went to my parents house and talked about this to her parents.

She files 498 a on my parents and me , now we are in bail.

 

she files dv on me and parents. 

 

She never allow me in the house where we stay, she living there now.

 

She is asking Shelter and Rent amount for house. I told judge that she live in my house only.'

 

But she lied that she is thrown out of the house and stay in parents house.

 

Judge ask to prove me that she stay there still?

 How to prove? I asked local police help they told we cant do anything now as matter is in court, if court direct us to enquire we will enquire and give the report.

 

 

What to do now, Plz advice as next hearing 30/5/14

 

 



Learning

 26 Replies

Reformist !!! (Other)     27 May 2014

If it is your own house, then disconnect water and electricity connection. She will come out automatically 

1 Like

Kannan (Sales)     27 May 2014

Its my own house, she stay there only,Not alllowing me inside,Now in court she say i trowed her out of the house and she was in parents house.

Plz advice 

Reformist !!! (Other)     27 May 2014

Ok, then as suggested disconnect Electricity and water connection of your house, so as to save your house and sell off your house. Its better to pay her for residence rather than keeping her in your home.

1 Like

SAM (LEGAL)     27 May 2014

Dear Kannan,

You take all her belongings and remove her from your home, let her got to court and ask for relief and dont take her home after 498a case no husband take wife home. Let her face problems in life.

Dont file RCR application and dont give any maintenance as she is graduate as i think. Tell her go and do what ever you want to do, i can face it alone. Dont be afraid of police, they may try to pressurise you.

After 498a case even police tell the wife that husband will not take you home after filing of case. Do file for divorce case as soon as DV case is over. Dont take her back ever in ur life.

 

Regards,

Sam

1 Like

SAM (LEGAL)     27 May 2014

Take photograph of your wife staying in your room and produce it before the judge and show it as a evidence before the court. If not then summon your neighbours to the court for giving evidence in the court. IF YOU HAVE CCTV CAMERA installed in your building premises show it as evidence that she is coming regularly in your building and staying in the flat.

 

Regards,

SAM

1 Like

Adv. Noel Joseph (Advocate/Lawyer)     27 May 2014

Kannan, being a quasi civil proceeding, in DV cases you can file a commission application. Let the commission be conducted. Produce the address proof where you are staying at present. Give oral evidence through the neighbours/panchayath ward member/community leaders etc. File a petition to enquire through SHO/SI and also through village /local self government authorities.

 

Immediately file a divorce petition. File petition to direct the wife to furnish the call details and sms details. 

1 Like

fighter (ijgfu)     27 May 2014

kannan,itna droge to kuch nhi kar paaoge,wo tumhara ghar h,wife court me kah chuki h ki wo apne parents ke ghar rhti h,to ab tum apne ghar me ghuss jao and us ko bhar nikalo,wo complaint nhi kar paayegi,kyoki wo pahle hi kah chuki h parents ke ghar rhti hu,to ab tum ne us ko nikal ye nhi kah paayegi wo

 

and jitna jyada daroge utna darayegi wo tumhe,jail se mat dro,kyoki tum apne life aur rights ke liye lad rhe ho,wo tumhara ghar h

1 Like

Kannan (Sales)     27 May 2014

Thanks Sam sir,

 

        I asked neighbours for help, they are not ready to involve in court matters. i am so worried.

Kannan (Sales)     27 May 2014

Dear Fighter I dont know hindi. Plz in english.

Kannan (Sales)     27 May 2014

Adv. Noel Joseph thanks for your valuable advice,what is commision application? how to file it.

 

As my lawyer is taking every thing easy and let them prove like that he is saying, 

Give oral evidence through the neighbours/panchayath ward member/community leaders etc( How to proceed this?) 

 File a petition to enquire through SHO/SI and also through village /local self government authorities. (where to file the petition? Is any crpc available to ask local ploice to enquire and give report?)

 

Plz explain sir, as next hearing is this month 30th , already 7 months i am going to court for dv .

 

 

Anand Bali Adv. (Advocate Solicitor & Consultant)     27 May 2014

You submit an affidavit that she is residing in your house and not allowing yo9u to get enter the house ask for the Court Commissioner and help of the local police to inquire on it from their own and submit the report of her residing in your flat. Court will order as accordingly.

Next you can get enter in your house with the help of the local police complaining for the same and seek their help for it. It is your house and no body can prevent you from getting entry to it it will not amount to trespass by any way.

For further legal assistance on nominal charges, you can contact me on below mentioned address and Phone number, Please call after Court Hrs to get a suitable appointment date and timeing.

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on this very site for my appraisal.

1 Like

Biswanath Roy (Advocate)     27 May 2014

Don't take burden for proving the fact that your wife is forcibly staying in your flat, instead you shift the burden upon her shoulder to prove that she is staying in your flat so far. For such purpose you shall have to hire two women with strong built body who can oust your wife from your flat by application of physical force and by over power in your presence and lock your flat. Let her go to Police Station to lodge a complaint against you that she was ousted by force from your flat at your instance. If Police ask you anything you admit the fact of incident boldly saying that your wife filed a case against you and your family  u/s.498A IPC and also a DV case and as such she lost her right to stay with you in your flat as husband and wife.

1 Like

Anand Bali Adv. (Advocate Solicitor & Consultant)     28 May 2014

Dear Friend,

Here I would like to question the statement of Our Learned Advocate Mr Bishshwanathe Roy that  "she lost her right to stay with you in your flat as husband and wife." I am not able to understand that simply filing a case under 498A and DV how a person becomes Divorcee loosing his/her status of Husbnd and Wife and thus in consequence looses her right to stay in her matrimonial house which is her fundamental right being a legally married wife.

She will remain wife unless untill their Divorce decree is awarded by the Court.

1 Like

Biswanath Roy (Advocate)     28 May 2014

As a Legal Expert one must know that prevention of recurrence of crime is a part of Law of Legal Ethics which cannot be ruled out. Wife can be provided a substitute accommodation at any where else at the cost of husband.but she cannot stay with the person who allegedly harassed his wife and an offender of cruelty.

1 Like

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