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Anonymous   22 April 2018 at 18:01

Domestic violence case

Dear Sir
i have married on 14th Aug 2014 and my wife left me on 9th Dec 2014. 16 Nov 2016 she have filed a Domestic violence case against me and my mother and sister. she also fight a maintenance case against me. I have fight the cases...

I was file a complaint thrice against her and her family members as they are making pressure on me and doping misbehave during the separation period.
Family court under 125 case fix rs 5000 per month maintenance. and i was paying that on time. but when in DV case on argument stage for maintenance i compromise with her and bring her back .. she was already willing to go with me.
.. she lived only 12 days with me and again filed a case against me and make an MLC . but nothing found in MLC and she left me and go to her parental house with all jwellary which was in her handbag.
my question is that
1) is her past case is not under time limitation as she left me on 9th dec 2014 and file a case on 16th Nov 2016.
2) is she can reopen the case?
3) if yes is her case is become strong? as there is nothing in MLC.

and these withdrawal and MLC can help me to get divorce ? as she is demanding too much in settlement amount.
I have 3 years of boy child and house is on my fathers name which have 7 legal heirs from my side one is me and 6 my sisters.

Umesh   22 April 2018 at 17:53

Domestic violence case

Dear Sir
i have married on 14th Aug 2014 and my wife left me on 9th Dec 2014. 16 Nov 2016 she have filed a Domestic violence case against me and my mother and sister. she also fight a maintenance case against me. I have fight the case family court under 125 case fix rs 5000 per month maintenance. and i was paying that on time. but when in DV case i compromise with her and bring her back .. she lived only 12 days with me and again filed a case against me and make an MLC . but nothing found in MLC and she left me and go to her parental house with all jwellary which was in her handbag.
my question is that
1) is her past case is not under time limitation as she left me on 9th dec 2014 and file a case on 16th Nov 2016.
2) is she can reopen the case?
3) if yes is her case is become strong? as there is nothing in MLC.

and these withdrawal and MLC can help me to get divorce ? as she is demanding too much in settlement amount.
I have 3 years of boy child and house is on my fathers name which have 7 legal heirs from my side one is me and 6 my sisters.

Rinku BARDHAN   22 April 2018 at 17:50

Visitation right

My husband come to my home to meet my daughter as per court order & take video photography of all the visiting process which was not included in order. After protesting about videography, he stopped the visitation & falsely complained that I stopped him to enter into our home. I have sufficient written document (where he admitted about videography) that I submitted to court that he is taking video without my consent. Neglecting those the court is going to order the visitation at outside (But its not a solution to stop the videography). How can I stop it?

Anonymous   22 April 2018 at 13:48

Appeal on district court judgment

Hello
I got judgment from my domestic violence case Year (2013) that I need to pay 7000 Rent and 50000 one time settlement 5000 Rs Court fees. My wife is Software engineer earing 45000 Rs salary in Mumbai. She also filed case against me for Restitution in 2014 her cross is still it's going on in kalyan district court. I filled Divorce case against her in 2015 family Court mumbai. It's on hold coz of this cases is going on. I need expert advice. Thank you so much.

jeevan deshpande   21 April 2018 at 13:17

Can mother put her name instead of father

my friend has baby girl and she is staying separate from husband since last 10 years, after baby girl birth husband is not staying along with her, she accepted that her husband will not come back, till date divorce not applied for, in this case if she want her child should carry her name instead of husband what will be the procedure. is it possible to give mother name for her child. currently she only want to put mother name for education of child. the whole custody and care of girl child is with mother.

Neeraj Sharma   19 April 2018 at 23:42

Sec 406 ipc

Respected Lawyers,

Thanks for your precious time and energy. Thanks a lot.

My ex-wife filed a case u/s 498A, 323, 506 and two more sections. I was acquitted from this case for absence of evidence. I was freed in 2015. Case was filed in 2010. She has taken one sided divorce from me in 2014.

Simultaneously she filed a complaint case with ACJM through application in 2011. This case is still running. The problem is that she has taken all stridhan, furniture and all other marriage stuff with her at the time she left our home but we don't have any evidence of it. The whole case has run and she is the only person from her side who has given statements before court and got crossed. I don't think we have proved her a liar in her statements and during cross. She has very cleverly defended her statements. She has provided a list of items to the court and their bills. There is no other evidence with her but her statements, list of items she has already taken with her and their bills. I'm looking for the opinions of great lawyers of India to please give me a glimpse of what I must expect out of this case since the case is about to conclude and I'm tensed for the results.

Please someone guide me. I shall be grateful. Love and respect to you all.

Wakle   19 April 2018 at 16:57

Dv act maintenance in change in circumstances

i.my wife file dv act on 28/1/13.Lower court order me 5000pm maintenance.Then Session court order me 24000pm.I did appeal in HC,HC order me 18000pm.But now im not service,loss in bussiness, . i get heart attack 2yrs back. Im not liable now 18000pm to my wife.my wife also file divorce case & asking me for permenant alimony of 30 lacs which one im not able to pay her.my question is 1)may i able to file case to reduce maintenance in dv act?according to which section.2)where to file case ? which type of court? 3) my wife file all cases in her district.in her district no family court. My district have family court. May i able to file case of reduce maintenance in my district family court?

Anonymous   18 April 2018 at 23:10

My wife went to his father's home and has filed section 24

My 7 months pregnant wife left me with our 6 years old son on Feb 2018. I went to my in laws home to meet my son and to talk to them but my father in law started abusing me and then they called the police and started accusing me of domestic violence. They then lodge a police complaint for the same. But police found that they are lying so case was dismissed and sent to women cell for reconciliation. When the women cell called them they refused to come for any kind of reconciliation. I tried talking to my wife and she says that she won't live with me and also she won't divorce me. Last month I filed a RCR petition and in response to that my wife has filed a section 24 where she has again accused me of domestic violence and has asked for a hefty maintenance amount.

Now what happens to my RCR petition?
Do I need to prove my innocence in the case of domestic violence ? or is it her responsibility to prove ?
If proved or not proved, do I need to pay hefty maintenance amount ?
Can I file for divorce on the basis of mental cruelty ? If yes how can i prove it and how long will it take ?
How can I get my son back at earliest ?

My wife is misusing the law, can I file some criminal case against her ?

Umesh Pandurang Jadhav   18 April 2018 at 00:42

Cross examination

Ronika and manish married on 10-10-15, husband & wife running their case in family court .

In beginning Manish filled petition for divorce from Ronika...

Even Ronika gave replied to Manish's notice and submitted W.S on 10-3-17 in family court..

In mean time Ronika declared under oath on affidavit regarding marital status as UNMARRIED ...on 20-10-16

Manish received her affidavit of unmarried via RTI and submitted to family court judge ..

Now Manish is for cross examination stage in family court..

My questions as follow :-
1.is it possible for defence lawyer to take cross examination of Manish , even though Ronika being marriage status , she declare in public on affidavit that she is unmarried n in WS she wrote she is married ??

2.is it possible for Manish to request judge for no cross examination ....bcoz her wife declared unmarried on affidavit , then under which act or section judge can pass the no cross examination order?

3.which criminal cases can launch against Ronika ? As she told court she is married and want Maintance & on another side in public she take oath on affidavit that she is unmarried ...

PRAKASHCHANDRA MARU   17 April 2018 at 22:40

Production of documentary evidence

Hello all learned
On which stage court denied to applicant for the production of documents in the petition of domestic violence act ?
Regards