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Kulbir Singh Bahri   02 October 2011 at 17:15

Pending query

my pending query

Anonymous   02 October 2011 at 15:13

Divorce

My dear respected experts,
I want your expert opinions in this matter.
I have filed for divorce against wife. Iam husband. Iam staying in mother's home for 10 years with my family. My mother's home will come later to me legally.This is last house sharehold where problem has come for divorce. And this will be a property I will legally inherit later. I have my own small flat which was previous shared household for 7 years in same city. It is lying empty. I want to protect it from my wife who may file DV case and seek right of residence in previous shared household. But she has no problem in present shared household.She has ample space. No DV against me but she can make false/exaggerated charges. I don't wish to give previous shared household on rent. How can I protect it from my wife just in case she tries to gain entry in it through DV act,claiming right of residence.
Thank you very much experts. Please explain fully. My wife has caused me great mental agony. She is full of greed alongwith her paternal side joint family members and their friends,spouses,and children.She wants to grab everything.She has no physical relation with me.
Thankyou again

Anonymous   02 October 2011 at 13:55

Caveat

Dear Experts,
Iam as husband filing a Judicial Separation case against my wife. So far she has not filed a single complaint against me officially nor has she proof of domestic violence but only minor quarells. But I suspect she will file a DV case against me when she gets notice on Jud. Sep case. Is there a caveat system in lower courts where I can apply
so that no action is taken by the metropolitan magistrate before he gives me a hearing.
Thanks in advance.

Anonymous   02 October 2011 at 13:49

Regarding dv act

Sir,My wife had filed under DV act against me & my family,thoough we ae living seperately since 4.0 yeras(2007).She had already applied in 2008 for mainatance under crpc 125 & chilld custody.Both the cases are running in the court.Court did not granted her demand of intermediate maintance as she is qualified & earning 10000/-p.m.In July 2011 she came at our house with making injury on her body and went to hospital.She took medical report from govt.hospital & applied against me & my parents under 498a,323,504 etc.Then on the basis of fir she applied under DV act section 18,19,20,21.Chrgesheet is not submitted by police yet & police had not taken any statement from our side.I want to ask you that when maintance case & child custody cases are running in other court how can her case sustain?Can court take any desicion when both case are running in other court?Because she had made only drama to threaten us..What should be done n this matter?

M. R. Khan   01 October 2011 at 20:14

Wife threatening

R/Experts.

Pls. advise, what option / legal action can be taken against wife, who regularly threatens the husband that she will commit suicide and misbehave with him on daily basis for petty matters and blackmail him for all issues and force her decision on him.

Thanks and regards.

Anonymous   01 October 2011 at 19:51

498-a/406 and 125 crpc

RESPECTED EXPERT,

MY ABOVE MENTION CASES ARE PENDING IN THE COURT. I M REGULARLY PAYING INTERIM MAINTANANCE AS A DEFALTER AFTER HAVING AROUND 13 MONTHS JC BUT THERE ARE ABOUT 2.50 LAKHS OUTSTANDING. MY WIFE IS CLAIMING RESIDENTIAL PLACE.

CAN SHE CLAIM RESIDENTIAL PLACE UNDER 125 OR 498-A ?

CAN SHE CLAIM IN DV ACT ?

WHAT REMEDIES IS AVAILABLE FOR ME IN LAW ?

Anonymous   01 October 2011 at 15:12

Allowing one room??

Dear Sirs...
My whole family got trapped in whole 498a and DVC cases..My wife got order under sections filed u/s 20(3)and 23 of DVC act to grant Ad-interim maintenance of Rs. xxx.

now her lawyer wants to put a application for allowing one room in my house? Now the main DVC case trial will be going on ....on what conditions i can deny this...I have got proof that she is earning now??

Anonymous   01 October 2011 at 10:55

Non-filing of chargesheet by the police.

Dear Sirs / Madam:

We have been falsely alleged with Stridhan Possession. The other side (wife & her family) tried to get us arrested, but, we got AB as the wife had filed 498A, 406, DV Act, 2005 after a period of 8 months after separation & I had already filed divorce within 2 months of separation.

After AB, as per our knowledge, the Police should get the wife & do punchnama at our residence, but, her lawyer is purposefully not allowing her to go for punchnama, because he (wife's lawyer) knows that if the punchnama will have nothing to mention about Stridhan then the case might get weak. Till date since our AB in February (8 months) Police did not conduct Punchnama.

Is there any way wherein we can ask police to File Chargesheet? Can we use RTI in this regards & question about the status of our case?

What if, the chargesheet is filed by the Police & the court finds nothing objectionable in Chargesheet?

Anonymous   01 October 2011 at 10:25

Maintenance in dv case

Pl provide any citation of supreme court in case appeal made against order of lower court to accept the suit for appeal without depositing maintenance arrears under dv act

Anonymous   01 October 2011 at 09:41

Divorce

Dear Experts.
I have a self acquired flat where my wife ,son and myself stayed for 10 years. After this we shifted to another flat which was my father's self acquired flat.My father expired and willed it to me.I have filed for divorce after 15 years in my father's flat where we have been staying. Court jurisdictions are separate for the 2 flats. My wife and son are working and drawing good salary. Can my wife claim any right of residence for 1st flat when we are staying in second flat.
Thank you experts.