Anonymous
21 August 2010 at 15:23
Dear Experts!
Kindly give your valued opinion on the following : "A" has filed a complaint against"B" before a Magistrate U/S 12 for relief under Sections 18,19,20,22 and also U/S 23 to Grant Interim Ex Party order with the main Application under Pevention of Women from Domestic Violence Act-2005. The Magistrate has sent the summon to Respondent"B" to appear in person or by pleader on 25/09/2010.
The question is :
1.Once the summon is served and received by the Respondent, Can the Magistrate pass Interim Ex Party Order before 25/09/2010 without giving the chance to the Respondent.
2. The Respondent"B" has ample evidence to prove that all the allegation made by the Complainant is based on false affidavit. For example : The Applicant is Govt. Pensioners ( Rs. 8,000 pm) and the Respondent has aslo evidence from the Bank about Income of Applicant to the tune of Rs.3.00 lakhs in the year 2009-10. On other other hand the Respondent has no Income at present. The Respondent is willing to file a case against Sec. 340 Cr. P.C. against "A". Is this case against "A" U/S 340 Cr. P.C. be filed before that same Magistrate or some other Court.
3. If the court takes cognizance U/S 340 Cr. P.C. ,can the proceedings in the DV Act. case be stayed till the Final Order in 340 case.
tamil
21 August 2010 at 14:57
Respected Sir/Madam,
I got married. My diverse case is going on in court for the past 3 years. I have no child. But, my father expired with my husband torture. My husband is not good at character. I lost my fallopian tube. I asked some settlement amount for me. But my husband refused to give that amount. So, my lawyer advised me that "First, get that amount from him and sign in the diverse paper,and then we will file domestic violence case, then we can ask some settlement amount from him" like that. Is it possible to get the settlement amount again after getting diverse? Is there any section in law?
Anonymous
21 August 2010 at 10:51
Hi All,
I need your help from your past Experiences faced related to DV act 2005.
Brief History
• 498a/406/34---Registered in CAW Nanak Pura but under investigation
• 7 Days notice already grant by court before arrest.
• Both FIL and Wife are GOVT Servant.
• Not Living since Nov 2009
• 10 months of Marriage, 8 month spend in Rented Accommodations near to wife office.
• DV Story is same as mentioned in the 498a FIR.
• Main Point: FIL has given 2 cheque 21000/41000 to me and claiming that these are a part of DOWRY in the DV Notice whereas She has admitted in the Stridhan List that all these are gifts to buy Engagement ring/Clothes.
1. Complaint Filled as per the rule 2 (B) of Protection of Women from Domestic Violence rules , 2006 read with Sec 5 of DV act 2005..
2. Protection orders under section 18 as more specific mentioned in the application u/sec 12 DV act.
3. Residence orders under section 19 as more specific mentioned in the application u/sec 12 DV act.
4. Monetary Relief under section 20 as more specific mentioned in the application u/sec 12 DV act.
A. Medical Expenses: 10000 PM
B. Food, Clothes, Medications and other necessities : 10000 PM
C. Household Expenses 20000 PM
D. She is working and claims that Rs 35000 Salary and my 1 Lac.
5. Compensation orders under section 22 as more specific mentioned in the application u/sec 12 DV act.
6. Damages for the injuries including mental torture and emotional distress caused by the acts of DV committed by the respondent amounting to Rs 20 Lac
7. Interim and ex-parte orders under Sec 23 : Not sell the property which was in the named of my Mother and Brother.
Anonymous
21 August 2010 at 00:40
Wife, a teacher, filed 125 Cr.P.C for maintenance for herself and 2 children.
During case trial, husband deposits 1.75 Lakhs in the name of wife as maintenance for her and two children for the period from the date of petition.
Husband deposits Three lakhs for each of child. But Judge not consider this pass final order.
Maintenance by wife dismissed. For each child Rs.750/- per month ordered.
As of today arrears amounts to Rs.54,000/- husband deposited Rs.7.75 lakhs.
Now on revision to High court . Judge ask to pay some amount. What is the remedy for job less husband
Anonymous
20 August 2010 at 23:52
I got married on 22Nov,2008.My wife unty was in our relation, she lied that her daughter is in govt job and MCA and all and married with me. She was thrown out frm job becoz of her nature. we never reliased wht is gng on,her family members always lied with her,we got married bt still she continue telling lie,share each n every thing with her parents,she never understand,my father mother and family member tried to understand her tht any wrong step will ruin our family bt once she took,she lied tht my sis and mother hit her,her full family came to our home quaralled and took her away,nw we are nt in talking terms,they are nw telling lie as usual to relatives,bt they know and there relatives also telling thm they done wrong thing,bt they are nt understanding,finally i am hinking for divorce as she can put alligation on me any time.we r simple family,this is the second daughter with whome they are doing this,before marriage I dn't understand she used to abuse me and my family, her full family abused us. Please suggest how to live with such type of girl and family.Wht is the posiblity of getting divorce.I am unable to understand why did she got married.all her relatives are in our favour,they had very bad reputation in their relatives.pls suggest hw to proceed wht is gurantee that she will nt repeate things in future if she returns back,she always threatens me of court and police without any reason,all she tell lie.hw should i tackel the situation she made my life hell,seriously speaking none of my family member faced this type of situation bt her family memeber r in habbit of this type of cases,we don't want to involve in courts and police,if she live with her parents thn can after some time period i can get divorce based on that,she is pregnant also,i can take my child frm her if she dn't want to keep the child,also suggest hw in future i can tackel the situation,i m very depressed,throu relatives we came to knw tht she will nt give divorce to me,as she know tht nobody will marry her,all my elders are saying to keep quite and i m also giving time to her that she will understand someday tht she was wrong,she has to live with my family n seriously my father and mother love her,she also know this thing,pls suggest wht action to be taken,i also want everything shuld settel down as soon as possible,bt worrying abt future with her...
ravikumar p
20 August 2010 at 22:00
Dear Seniors,
I request your clarification on the compensation on divorce. The case is:
where both husband and wife are working in a reputed corporate. Wife wants divorce. Inspite of ill-treatment and disrespect by the wife, husband, has no choice of giving freedom to her. They have two children in the age of 6 & 3.
The wife is also threatening the husband that she would not leave him peacefully. Whether wife has the right to claim the salary of husband.
Anonymous
20 August 2010 at 21:44
dear experts,
i adopted in 14 years old,my certificates are continuing with my natural parents name
--> can i change my name and father name(adopted father) etc... with the adoption deed in gazette ?
-->now i am major(male) my age is 26(unmarried)
-->in future i want to continue with my adopted parents details
farooq
20 August 2010 at 15:54
Hello All,
We are Muslims. My brother married two years ago, Her wife had some Gynecology problem and she cant have children. So our family members decided to remarriage again, first she accepted for that now after talking with their family members she is against it and now she said she will not give divorce and will book a case on all of us for torturing her.
How can we get out of this Please Help.
Can we get divorce due to her inability to become a mother or can my brother can marriage another women?
Regards,
farooq
Anonymous
19 August 2010 at 21:47
Is Interim Maintenance a mandatory provision of the statute?? Are there any judgements where the Hon'ble Courts have turned down the maintenance plea of the wife because the wife is an educated professional and cpable of maintaining herself and should not attempt to live like a parasite off the husband.
I am looking forward to some useful citations in this regard as my friend needs to contest maintenance claim by his wife, who has maliciously filed a DVA application and also Divorce petition not to mention other proceedings under 406 & 498-A have also been initiated
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about mantainance
sir,
my wife not staying with me she is staying with his parents, she is very adamant not adjusting with me and with my family, i have filed divorce petition, she has filed maintenance petition, i am working with one advocate as a office boy ,my earning is not specific , what can i do now
can i file maintenance petition by asking maintenance with my wife, she is also not workin but her father has some property
i am want to ask maintenance just to escape from paying , because i only not working,
in between can i file restitution of conjugal right petition
can i get some some citation to relating to my case
can i get citation which shows husband also can get maintenance from wife when she is capable
can i get some citation when wife is capable to maintain herself and husband is not capable no need to pay to wife.
can i get citation against to pay interim maintenance
sir this is very urgent please help
thank you