NAVNEET GUPTA
05 July 2010 at 15:52
Againt my client(lady) a divorce petition is pending U/s 13 at Jammu and her husband who in U/s 125 CrPC has voluntarily agreed to pay her Rs.2000/- per month but since last 10 months he has not paid any single penny. My client has no source of income and is purely idle.
Whether she can go to the house of her husband by applying Domestic Violence Act and whether her such move will affect her in above said case
Anonymous
05 July 2010 at 15:02
Dear Sir,
I am a social worker helping needy people.I need your advice on two issues one under Criminal Law and another Family Law,but both are interconnected.
One of my former Phd student,who is currently in Roorkee working in a very decent post as a faculty in a reputed Engineering institute was arrested on 10th January,2010 at Roorkee itself in the evening,based on a false police complaint by his wife and her father on that day evening.The husband had no idea or knowledge of the girl or her father's ulterior motives,till the boy was summoned to the Police station on that day evening.The police without any enquiry initially filed an FIR under V/s IPC
498 A,323,506,3/4 dowry act.The husband was retained in the policec station on that day night,next day was taken to the Roorkee court and was remaded to fifteen days of jail.Because of Kumbhmela we could not move baill application till 18th January,2010.In the mean time the girl and her father erased all evidences from the husbands laptop,photos etc,after putting him up in jail on that night of 10th Jan.,10 got all her things packed despatched through transport agents and left for her native place down south on the next day 11th Jan.,10.The girl was married an arranged marriage down south in June 2005 to the boy of same caste.The girl had passed out with an Electronics degree way back in 2001 from a local college in Tirunelveli, but had never taken any employment till her marriage,only daughter of her parents,survived by her elder married brother working on contract in UK.Her father was an assistant in Govt Animal Husbandary dept putting injections to animals,now retired since 2008.The girl and father had planned well .The father of the girl reached her place in Roorkee from South on 8th Janusry,2010 night only, with his brother under the the pretext of taking his daughter back to south for some family function, as the husband had expressed his inabilty to go to South for the function because of his academic committment.But they seem to have come fully prepared with four copies of typed complaint of ten pages from South itself,which the girl was also fully aware of,but never hinted anything on these to the husband.On next day Saturday,9th January,2010, they told the husband in the morning that all three -girl,father and her father's brother are going to Haridwar for holy dip in ganges.They went and returned back very late at night.Actually they had gone to Haridwar on 9th Jan.,10, met the DSP of Police at District head quarters and gave their complaint against the husband on Dowry harassment and requested him to instruct the Roorkee police to act,which he did.They never ever mentioned of their moves to the husband, till the police arrived at his residence at Roorkee, on Sunday 10th January,2010 evening,as the girl had gone out in the morning and gave a written complaint to Roorkee police based on her complaint that they had made previous day.
The strange part is that the girl had been living with her husband in Roorkee all the last four and half years,enjoying all benifits.The boy's father is a retired Govt.High School Post graduate teacher and has one more married daughter all staying down south.The boys parents or sister or any of his relatives have never visited the boy at Roorkee.The girl in her 4.5 yrs of married life has visited her inlaws only twice that too for a stay of 2.5 hrs in their house,though her parents also stay in the same city of her inlaws and she has been visiting her parents often .
It was the girls parents who went along with him and settled the family life of the couple at Roorkee immediately after marriage in July,2005 and stayed with the couple for three weeks to make aure they are comfortable.The girl conceived in October 2006,but on routine ultrasound examination done within 6 weeks of conceiving, the fetus was found not to have life and hence it was identified as missed abortion and fetus was medically removed for her safety by the consulting drs. with the consent of the girl.The girls paretns were informed immediately on this.They came to Roorkee and took the girl back to native place in south.After few weeks the girl returned back and lived happily with the husband in Roorkee.Once again the girl conceived in December 2008,and once again the ultrasound exam revealed the lifeless fetus at 8weeks of conceivement.Inspite of the Drs.advising on her undertaking any travel,she insisted on her husband sending her back to her parents by flight,which he did.She left Roorkee on 12th January,2009 back to south and the husband left Delhi on 13th to USA for a conference on official duty.
At her native place, in one of the Local nursing homes once again on examination identified her problem as yet another missed abortions at 9 weeks of her conceivement,the parents of the girl got the lifeless fetus removed by D&C on 22nd Jauary,2009 with consent of all and sent the fettus for analysis at Mumbai lab.The mumbai lab report said there is incompatability of RH factor between the couples.All these happenned when the husband was away at USA.The husband returned only on 26th January 2009 to Delhi then to Roorkee.The girl came on her own back to Roorkee in April,2009 to accompany her husband to Canada for four month stay with him ,when he proceeded to Canada on a fellowship.She stayed with him in Canada (May-August,20090) enjoyed her stay tour etc all funded by her husband and returned back with him to Roorkee and lived with him happliy accompanying him every where where ever he went to enjoy sighseeing.But till January,2010 no complaints of any sort of any harassment etc was made to anyone,but suddenly these were made in January 2010 and the husband was accused of responsible for both the abortions and Dowry harassments and not allowing the girl not even to talk to her parents on phone.
Since they had bribed well the police and used higher ups in police to foist case on her husband,the police in the last minute added 313 also while opposing the bail plea at the District court in Haridwar,on 1st Feb.,2010.The judge on that basis denied the bail for the husband.Hence we had to move yet another bail petition at the High court of Uttaranchal at Nainithaal (8hrs journey from Roorkee).The case came for hearing only on 22nd Feb at High court and the husband was given unconditional bail.Literally the husband was in the Roorkee jail for 45 days,before he was released on bail.He was under suspension from his job being Govt.and it was revoked on his release.We did not contact the police at any time as we were sure and confident that all charges were false.We could get evidences of telephone calls made by the girl to her parents from the house of Husband in the last four and odd years for Rs.14,000/out of total bill of Rs.18,000/.We could retrieve all documents like photos of all visits all email correspondence of the wife with her husband etc. which was deleted by the wife from a back up file.
The husband had also got her a job in his institution as Project associate way back in Sept.,2005 and the girl worked only for five months and left it and sat at home.Proof of transporting things in his absence from Roorkee all her things,Bank transactions of husband giving money to the girl and her father to the tune of Rs.1.5 lakhs and no cash or cheque transactions to the husband from their side.All Medical reports of the drs,including the Fetus analysis stating the RH factor mismatch betweel the husband and wife.The police had quoted totally 10 witnesses for their prosecution case.the wife,her father,mother and brother,two ladies living opposite to the husband's house in roorkee,the husbands uncle ans aunt living here in South,the writer who prepared the FIR and the Investigating lady police officer.Of these only the girl,her father could have been examined in person by the Investigating officer.Her Brother,her mother,the boys uncle and aunt are all in South and they have been examined only on phone from Roorkee.The two ladies staying in the neighbourhood have spoken in favour of the husband only.
The girl is staying with her parents in her nativeplace down south,since her return back here in January,10.
In the mean time the girl has filed a divorce petition at Trinelveli Magistrate Court (Tamilnadu),where she stays and married,a divorce petition,seeking compensation of ten lakhs and same complaint as that was given at Roorkee police station.She has added that she has already filed a police complaint against her husband pending criminal case there in Roorkee and she has stated in her divorce affidavit that she has taken away all her belongings from Roorkee including the jewels from the State Bank locker at Roorkee.The boy was given the notice to appear in person at Trinelveli court on 16th april,2010 in person.The boy had not replied and the case adjourned twice on 16th April,10 and 16th June,2010.It is posted for next hearing on 23rd July,2010.We are planning not to reply the affidavit though we have sufficient documental evidences,we are thinking of just stating through a lawyer that we deny all her allegations and the girl need to prove the same.We want to drag it as much as posdible till our criminal case is settled at Roorkee.We are also plnning to cite the latest Supreme court judgement given in March 2010,wherein it is said that no Divorce cases could be taken for hearing atleast for the first six months from the date of its filing in the court,thus ask the judge to defer hearing till Sept.,10th, 2010 ,as they had filed the divorce case on 10th March,2010.We intend contesting and delaying it at Family court.
We inderstand that the Police has filed final charge sheet at Court,the sunmmon is yet to come.the Public Prosecutor of Roorkee says that since Police is not getting any money from girl side they may not be showing interset in serving to sommon.Could you advise as to what will be the next stage on the Criminal case and what Should we in case we get the summon from Roorkee court.Could you suggest a good criminal lawyer at Roorkee.Should I defend myself and try proving my innocence or it is the Prosecutuion will try and Proceed proving calling the witnesses.Or I shouls request for calling the Prosecution witnesses.I have wriiten this email on behalf of my student.
During the period when the husband was moving bail petition at high court of Uttaranchal,the girl side tried to put pressure on the Roorkee police to try and arrest the parents and the sister who was at very advanced state of her pregnancy,and Police too tried to locate them.In the mean time we moved three seperate writ petitions at High court of Uttarancal against their arrest and got the stay also.Can the husband or his parents file defamation suit against the girl for foisting false case and damaging their reputation.If so when and where it should be done.
Apart from this this girl has taken away the house key of the Engg Inst.campus house key and the bank locker key of SBI in Roorkee,which could be opened either or survivor Husband/wife.We have no idea as to what other things that belong to the husband has been taken away by the girl as we have no key.What should we do to get the locker open to check the things.
kindly advise
Thanks Sir
navneet agarwal
05 July 2010 at 13:56
i m husband want divorce as i faced many fake allegation and fake cases under dowri and other acts. pl provide all related law, judgements in relation to compansation us 24, divorece, dowri act and defamation
Anonymous
05 July 2010 at 12:52
Dear Sir,
I need expert advice for one of my friend,who is not well educated and a vegetable vender.He got hi daughter married almost two years back.The girl is a bit slow in understanding etc.Her husband and his relatives are eying for the jewels and some house property for the girl from her father.The husband is a van driver and never bothered about giving any basic things for the girl.The girl became pergnant and he left her back in her parents house for delivery.A girl child was born in January and the girl was staying with her parents only since the delivery.He visited the girl ony once after the child delivery,but never even brought any thing to the child till today.He and his relatives came pestering the girl parents asking them to send the girl to his house.,They even used force and threatened of beating etc the family.a month back,the girls relatives took the girl to the house of the husband and left her there with the id.The husband never even cared to get anything for cooking nor food for the child.The house where he was residing did not have facilty for cooking,no ventilation.He just left for job and came back home late night.The girls parents did not send any of the jewels of the girl or for the child with the girl.Their aim was only theses monetary benifits which they did not lay their hand on.The girl next day unable to bear the situation called her father and requested him to come and take her back,which they did.The husband called up the father on phone and started using abusive language asking him send his wife back,which they refused,because of lack basic facility and were afraid of the guy putting the child and wife to death.One fine morning the husband arranged to transport the belongings of the girl like almirah and few things,and unloaded it outside the girl's house outside and left.He called them up on phone and wanted to settle the case by paying money and letting him free from the marriage.The parents asked him to decide as to what he will give to the child and wife in case they seperate.He did not say anything.One day the husband's brother came fully drunk and used all abusive language at the girls place when no male member was there.When these people called up the police they ran away.
Two days back the husband came to the girls house along with a couple of people and beat up the girls brother and insisted on sending the girl and child with him.When the girls side tried phoning up of police,all of them ran away and lodged a police complaint on the girls side that they are refusing to send his wife back.
The girl's side also made relevant complaint wity police.The inspector called both the parties for enquiry.The girls father bluntly refused to send the girl for fear of the husband harassing the girl and getting her killed wit the child.The girls father told the police that he will get the divorce matter settled at Family court seperately.The husband was told by the police that he should not go to girl side and pester or create any problem.Thus the case at police station has been temporarily settled.
On enquiry we have found that this husband had alread married ca girl few years back,lived with her,harassed her a lot for money ornaments etc,and had threatened to kill her . The girl side came to know of this,since the husband was a notorious gangster they just by force seetled out side the court and got the girl away from the guy.The way he is proceeding it looks that he wants to getb rid of this present girl too,somehow without giving any allomony of money as compensation to the girl and want get divorce from the girl as he will not get anything from the girls side,so that he can go ahead for yet another marriage.
Kindly advise us to what should we do at this stage.Should we file a criminal complaint on the boy,if so where and what sections.Should we also file a divorce petition at the family court seeking divorce and compensation and monthly maintenance for the girl and child Female.What are the grounds we should seek this divorce.The girl and boy both are resident of Chennai city and married in Chennai city only.What will be the legal expenses for completing the entire case.Can you suggest s good dependable advocate for theses proceedings.
Also clarify as to in case the Family court awards maintenance to the girl and child how the husband will be instruted to pay the amount every month and how to make sure on this and if he does not pay what is the remedy.
Thank you very much for this help.I di a lot of social work for the needy and hence this email
Anonymous
05 July 2010 at 12:07
My wife has filed 498A against me, my parents and other relatives in Dec 2008 which is false case.
My wife and I had filed a petition in court for divorce on mutual consent on May 2009. At the time of submitting petition she has accepted 4.5 lacs and I have to pay her 4.5 on the judgment day. After 6 months she has changed her mind and now she is not attending the dates in court. Meanwhile in January 2010, I have filed a divorce case in court. Recently she has filed FIR on my cosine brother for 509 (Sexual Harassment and Rape), this is again a false case. She is also trying to enter in my room where I leave with my friends. She and police said she can stay with you wherever you live. She is trying to harass me and my parents by all the way like police, laws, by filing false cases against me and my relatives. My Question is: How I can stop her legally from entering in my house?
Anonymous
04 July 2010 at 23:25
Can husband file divorce petition if his wife is staying in same house along with him?
They got married in 2004 and no relation of husband and wife between them?
Anonymous
04 July 2010 at 22:58
respected sir,
I am placing this for the benefit and sake of a needy widow. Her husband died recently that is on 19/6/2010, and she has only her sister-in-law alive with her who is also married.Now the property which she has is a residential property in which she is presently living.It is in the name of her mother-in-law who is no more and it has not been transferred in her husband's name who has expired.Now the question is will this property belong to her that is the widow or it the the property of her sister-in-law as she claims that she has the right over the property.
Thanking you.
Anonymous
04 July 2010 at 08:56
Dear Sir/Madam,
I have received a divorce petition under Hindu Marriage act on the grounds of Cruelty.
The fact is that my husband is born a christian and never converted to Hinduism, though the marriage on his request was performed with Hindu rituals in the presence of both families. Both families did not know that a non hindu cant get married to a Hindu ( I am a Hindu). No certificate was issued on our marriage, though we have our wedding picture which he has attached in the petition. The marriage was never registered under special marriage act. Later, 6 years after our daughter was born at the time of her baptism, we got our marriage registered in Church without myself getting converted to Christianity. I have the marriage certificate with me issued by the Church. Interestingly, my husband has not mentioned this fact through his petition and said since his acquintance with me he was living the Hindu way. I do not even understand what is the Hindu way of living--we never went to any temples, or performed any Hindu rituals through out 20 years of our marriage.
I have been put under tremendous pressure by my in laws to get converted which I resisted through out.
1, Shall I challenge this petition on the grounds of maintainability?
2. Shall I proceed with the counter without challenging it?
3. Any possible motive as to why his legal adviser suggest to him to choose one over the other? Surely his legal adviser must have been aware of the non maintainability of the petition?
There are two views on it. According to one view its maintainability should be challenged, but according to the other view another one says that it is Ok to proceed with the Hindu marriage act without challenging it and we can take the pressure on me to convert issue later in the proceeding. I do need your expert view , so that I can arrive at an informed decision and take my stand in consultation with my legal adviser.
Arvind Singh Chauhan
03 July 2010 at 22:32
Order to pay 1800 pm as interim held against my client in 125. After order my client revealed that he is paying 1500 interim under h m act. What to do now.
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sec 498 A and sec 302
My sister in law committed suicide along with daughter in mid april.My parents and brother were falsely accused of the above mentioned charges by my brothers' in -laws. Now they have been granted bail by the high court. The chargesheet has not yet been submitted by the IO. Now in such scenario I want to understand the implications on the case, of the opposite party withdrawing the case or not. Also my brother has been granted bail on the condition of meeting the IO thrice a week. He is very upset after this incident and wants to move out of this place. Please suggest how and by when the bail condition can be altered( My brother got bail 10 days ago from the high court)