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Anonymous   15 October 2010 at 13:04

Misuse of DV act

Can a Advocate registered with Bar Council of Delhi take help from bar council,
1) if he is a victim of False charges framed under DV act by wife.
2) Can another advocate of same Bar council fight case against his own victim advocate.
3) Is there any power given to protection officer to arrest .
4) Estranged wife of advocate having affair with her colleague at her workplace and left husband 2 years back.
5) What kind of help victim advocate can take from Bar council or any other association for such purpose.

Saheel Rawat   15 October 2010 at 12:56

retain the salry of husband

sir
husband working in govt. office and wife wants to get salary in behalf of husband it may possible or not?
bec husband nt give to much salary for fulfill the basic necessary
please suggest to me

thanks
saheel

Member (Account Deleted)   15 October 2010 at 10:32

Shared Household

whats the defination of shared household. If the husband is not living with the parents at the time the application is made by wife under DV act what are the chances of grant of residence rights in the parents property.

Can the court provide residence rights in the parents property to wife even if the husband is living at a seperate place as the residence rights should actually be provided at the current residence of the husband.

- whats the role of protection officer in this shared household issue can he make a surprise visit to check If the husband has been living in the shared household or not.

Please suggest how can this be prevented or If my parents disown me would it help.

Anonymous   15 October 2010 at 09:57

Transfer of case

Thanks for all the experts for given their valuable guidelines, sir, again my quarry is that
The case of DV & Maint. are filed by brother's wife in Aligarh who is residing with their parents since March2010, in aligarh brother's wife & her parents are trying to stop us to attend the court hearing date and we are in fear that they can do any thing with our family resulting our family members already sent the complaints regarding such act through e-mails to C.M. UP , DGP, SSP GZB, & SSP ALIGARH.etc. in this subject.
I want to know that e-mail complaints evidence is sufficient or not for transfering the case from out of aligarh.
Thanks.

vinod bansal   14 October 2010 at 22:25

divorce petition

R/Experts
petition us 13 B of Hindu Marriage Act was filed and ist motion statements of Husband and wife was recorded but at the tim,e of 2nd motion statement wife resile from her earlier statement and withdraw her consent,husband even than contested the petition and ultimately district judge dismissed the petition,now my client (Husband)wants to file divorce petition on the ground of two year desertion,further he want to challenge 13 B HMA order in Highcourt,i want to know whether both remady simultaniously available to my client,kindly suggest,Thanx in advance

S.R.Chandrasekaran   14 October 2010 at 16:40

proceedure to transfer an immovable property

My sister has a will in respect of the property in her favour given by her deceased husband,The deceased left a flat in his name at Chennai.
What is the procedure to complete the transfer of property in her name

Anonymous   14 October 2010 at 16:32

Case Transfer

We are residing in Noida and my brother married in Aligarh, my brother's wife residing with her parents since March'2010 & she has also filed the case of DV & 125, when we visit to court aligarh, my brother's wife and her relatives try to stop us to attend the court date and also also try to do man-handling on us.

We have fear that in future any thing could be happen with us
Now i would like to know that the case of Aligarh could be transfer from out of Aligarh or not, if yes for this what we do, kindly advise urgently. Thanking you

Anonymous   14 October 2010 at 16:14

regarding divorce

my husband obtained expartee divorce against me so the petion ws set asideand it came to main op so can i ask is it possible to ask counter divorce against asking at a time for divorce and permanent allimony in same counter i.e on gounds of cruelity

S.R.Chandrasekaran   14 October 2010 at 16:10

proceedure to transfer an immovable property

My sister has a will in respect of the property in her favour given by her deceased husband,The deceased left a flat in his name at Chennai.
What is the procedure to complete the transfer of property in her name

Anonymous   14 October 2010 at 16:02

false divorce

sir,
I married to an NRI OF NEWZEALAND as per hindu rites on 22.2.2OO8 my husband left me promosing that he will send visa paperson 16.03.2008 as soon as possible to join with him later I stayed in matrimonal house still sep 2008 during that time lot of harrasement from his family mebers not allowing to join with him physical and mental tourcher and also no proper communication from his side and he did not send visa papers so due to that harrasement i came to my parents house and iwaited for him till 1yr 4months and no communication AND SO I FILED 498A AND DV BUT no attendnce to court from his side and also mother-in law and brother in law took stay in dv and all the propertis are in his mothers name and order was favoured to me even though it is being difficult to implement the order and even now we dont knwo where the person is. and their parents are saying we dont know. if it is one part.
the other I shocked i got divorce without my concern this icame to know by my parents old neighbours saying iam divorced i ans my motherwent to local court and found the record my husband obtained expartee decree against me by misleading the court and keeping several false allegations one me by kowing fully that my parents vacated the house and sending notices to my vacate house and obtained expartee divorce.this icame to know after filing 498a and dv and by time only i got divorce 8 months back this was not said by his mother or brother in quash petition in domestic violence and even 98a charge sheet
And one moret thing is my husband filed divorce as inperson before lapse of one year i.e on sec14 on 4.10.2008 but later the petion was dismissed on same petion the numbering was done on 2009 feb as 13 ia cruelity against him on this grounds he obtained expartee divorce and filing the petion as inperson by him he was not in india but even though he filed petion on same dates when he was in nz
and later the evidence time for divorce he was lodged in jail for 98a offence but even thogh the attestation of his cheif affidivit shows that he was presented befor im and signed in different place when he was in jail so her it self shows what people they arewhat is my position now the petin was seta side saying the court that he played fraud upon the court and how he can file chief affidivit when he was in jailfor divorce