gopal
30 March 2016 at 13:51
Dear Sir,
The Husband being a bank officer was caught taking bribe and later the same was proved inCourt gave sentece of 5 years. That he is presentely on bail only through High Court order.
That the attitude of such Husband has drastically changed after such relese from bail. He is pressuring his wife to sell off his gold ornaments and doing other types of cruelty.
The wife want to take action against his husband for such cruelty and lodge FIR.Advice is seeked as to where she should file the FIR. Presently She is at place X in Husband`s House but he fears that the husband will revert badly.
She wants to lodge FIR at his maternal place Y where she feels would be safe
Can she File FIR at Place Y against her husband, Also can she file suit for maintenance at Place Y
Thanks & REgards
vishnukumar gandhee
29 March 2016 at 22:05
I am an Australian citizen live in Perth, Australia(right now in India). I got married in 2010 in India and at that time I applied for my wife's Australian residency. My wife and I didn't have any contacts because of family problems and she and her family always refused to talk. my x-wife got permanent residency on my basis. After she got residency in 2013 I don't know when she left for Australia and started living there. I found out about it after nearly two years that she lives in Sydney, Australia and nobody from her family or she even bothered telling me about it and during those two years I was just wasting my time in India trying to solve the problems and convince my in-laws. so when I found out about her I went to Perth, Australia as well and filed for divorce there in may 2015. court found I had enough ground to seek divorce and I got divorce order in august 2015. after divorce we stayed in Australia ( me in Perth and she in Sydney) for 4 months, no contact no nothing. In October 2015 my mother wasn't well in India so I came to India and stayed with my parents. she came to India in January 2016 and the very first day she reached India, her father had all the fake cases ready against me and she & her father filed all the fake cases against me in police station, civil court and family court like 498,420, 125,maintance,domestic violence, etc. we haven't stayed together or talked to each other since 2012 plus we are divorced where we actually live i.e Austrlia. she and her father just want to torture and harass me and my family. in their cases for domestic violence and harassment they have mentioned names of some of my family members which she has never met in person or even talked to them, they actually were not present in our marriage too. They just know names of my family members and they have mentioned in their case that I and my those family members(who she has never met) were included in domestic violence and asking dowry. In her cases she says that she doesn't accept Australian court's divorce order.
how can I save my family and myself from this fake cases and mental torture.
need expert advice on this please.
Raghavendra
29 March 2016 at 17:16
Dear experts
I have applied divorce under cruelty after she applied conjucal rights. Both cases combined and after lot of struggles my cross examine completed. Now she submitted proff of affidavit for only one case that is for my divorce case and not for her conjugal rights case. Is this valid one. Will she submit proff of affidavit for her conjugal right's case later time? Will that impact on divorce case?
Ramachandra
29 March 2016 at 16:52
My brother has taken the amount and released his rights of properties to the other family members by way of release deed unregistered but deficit stamp duty paid . he did business and lost all the money and properties .his wife filed a suit for the share against the other family members. One decree holder against my brother seeking a exec petition on his share .weather the release deed is can be provided as evidence
Ramachandra
29 March 2016 at 16:46
My brother has taken the amount and released his rights of properties to the other family members by way of release deed unregistered but deficit stamp duty paid . he did business and lost all the money and properties .his wife filed a suit for the share against the other family members. One decree holder against my brother seeking a exec petition on his share .weather the release deed is can be provided as evidence
Member (Account Deleted)
29 March 2016 at 15:12
I married my aunt's son last year after being in a relationship for 6 years. I am still a student. My degree was discontinued due to financial reasons and my health. Even my husband's degree is not complete. He left his studies due to me. Because his mom used to harrase me and my parents, by coming home and fighting in front of neighbors, she used to constantly call at my home and abuse my mom and dad so that her son doesn't come to our home. Because she hates my mom. She blames that my mom changed her son. My dad's family is a joint family with 5sisters n 5brothers. My mom married my dad just like me. My dad is my mom's uncle's son. But my in law and my dads family didn't like their marriage. At that time also my In-law and her siblings harrased my mom until my dad got seperated in the same building. But still there fights continued. But my mom never filed a case against them. But now iam going through the same situation infact more worst situation than her. My husband left his studies and the reason we got married early was his MOMS HARRASEMENT. She harassed me such a way that, now iam suffering with a lifelong disease and treatment. I went into depression and Due to my fainting on a hard surface I got FITS. Since then I am suffering from PARTIAL SEIZURES. And after one year from that, me and my husband decided to marry by convincing my parents and his parents, hoping that her harasement might stop. But it did not. We both are dependent on his father. He's a politian. Here another thing is he hates my dad. Because my dad is the reason he's a politian today, and my dad knows all the illegal things he has done. Not only that, the greatest thing is he has an extra marital affair. And my In-laws fight abusively about that affair in a shameless manner in front of everyone which we cant listen at all. Inspite of all these I married my husband becoz he loves me so much and stood against his mom and dad. After marriage we are continuing our studies. But due to his family problems and his mother, we decided to move out of the house and started living separately untill our studies complete. But still she's harrasing me and my parents especially my mom. First after marriage, my husband's dad, my husband's step brother and step sister harrased me for dowry. His dad used to use abusive language on my dad in front of me for dowry. At that time she was quite because her son became normal with her due to our marriage. Then After 3 months we moved to new flat. From then his mother's HARRASEMENT started. If we don't go to her home she scolds my parents. If we dont lift her calls she scolds my parents. If we doesn't listen her words she scolds my parents. For each and everything she abuses my parents, that they changed her son. She along with her siblings harrase my family. She blackmails us indirectly by harrasing my parents. She doesn't keep a value not only for me,even for her son. She says each and every word happening in house to a passing stranger. She values her siblings more than her husband and son. I am nothing to her. She sees me and my mom as a servant. So we started maintaining a distance from her. But for that too she blackmails my parents. My husband is the only son she has, but my dad has a 16year daughter and a 10year old son still to look on. He's already 60years. He's a asthmatic and has high b.p. She never thinks of my little brother or my sister before fighting. They both get afraid by seeing her shouting loud and fighting. She says to every relative every neighbor wrongly about me and my family. Recently she came to our flat and started shouting that she'll call the neighbors and say badly about us. From then we are not speaking with her. And from then again she's harrasing my parents.She blackmails them that, u have given ur daughter to us. I am not able to understand what shall I do. I feel to separate from this family and relationship. But I cant live without my husband. But I can't live with his mother. But he's the only son she has. I already attemped suicide due to all these. I still feel to attempt, But I have responsibilites too. I want to live my life peacefully with my husband. I want my parents and my family to live peacefully. But we are not able to find a way. Me and my parents are undergoing mental torture. Please someone help me by showing the right path.
bharat jeevan uday
28 March 2016 at 19:10
respected sir,
family court has granted an interim maintenance of Rs15000 to my wife till the proceedings of the case but now my case is on last stage of deciding the final maintenance amount.
The case is running for the last one years and the amount goes to approx 15000 @12 months which is nearly 180000. if the court allows her a final maintenace of RS8000 then what i have to pay . MY lawyer said that the whole amount interim is converted into 8000 from the date of filing or order date. Is it true or not that what i have to pay 8000 @ 12 months that is 96000. or i have to pay 15000 @12 months 180000. Does the interim maintenance is converted into final maintenance from the date of interim order or not. kindly suggest
Anu
28 March 2016 at 18:36
Hello Sir, Really need some suggestions,
I was in a 5 years long relationship with a guy, we both loved each other.
We got involved in this because we thought we can be life partners, we
assumes that we are married. however unfortunately i married to some
another guy whom my parents introduced me 5 or 6 months back, as they
wanted me to marry in same caste at any cost. now its almost 2 and
half months of my marriage, i came to know this guy is already a
divorcee (which my family member knows before my marriege), heavy
alcoholic (drinks almost dailly), abuses me daily, have beaten me
brutally twice, even her younger sister have slapped me, now i am in
my parents house for holi festival have told everything to my parents
they are not ready to help me to file a divorce petition, my parents
have told me that i have to adjust with him or his insane family,
but now i want to unite with my former lover for whole life, i realize
that i did big mistake for sake of my family,
So my question is can i go and live with my former lover and apply for
divorce from the location he is working? because i do'nt have anyone
in my life to help me except him.
Waiting for suggestions.
Prasad
28 March 2016 at 16:37
Sir
This is for my friend who got married in March 2015 and back from leave left for abroad in April 2015.His wife has filed a petition for Null and void marriage in court. What is null and void marriage . Can court pass judgement with on his absence . As he has left only 1 year ago and Find difficulty in getting leave now at present can his relatives request court to extend this case on his leave in December
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Execution of dv order under section 31
Respected Sir,this query is for my sister.
Ex-parte order in her DV case was passed in oct 2015.
The order was ex-parte because the opposite party never appeared in the case,neither did he submitted his WS.
After passing of the appeal period,my sister filed execution under section 20 for the monetary relief granted.
Summons were issued to the opposite party through registered post but he did not appear.
Now on the second hearing of the said execution case,the magistrate is asking our counsel to file a complaint case under section 31 of DV instead of section 20.
The opposite party is having his own business and his company is registered under Ministry of Corporate Affairs.
Now because of this the magistrate cannot pass order under section 20(6)which is for salaried persons.
One more important point to add here,it was clearly mentioned in the order that the husband & the inlaws will not commit domestic violence again in future, but after passing of the order(oct 2015) my sister's husband is continuously harrasing & threatening her through sms & whatsapp to withdraw the case & he is pressurizing her for settlement outside court.
Also he has been putting every kind of dirty allegation on her character as well as abusing her & my family.
Isn't this a breach of protection order??
If yes then kindly guide me how to proceed further.
i)Whether to file complaint case for breach of protection order under section 31+ execution of main. under section 20?
ii)File separate case under section 31 giving the electronic evidences of messages etc?
Kindly throw some light on this matter as how to prepare a petition in such scenario when the recovery option from self-employed persons is itself not clearly mentioned in the DV act.
Kindly reply as its an urgent matter.
Thanks.