Justice_Seeker
14 April 2020 at 03:06
Hi Team,
This question is on behalf of someone who need divorce after 10 yrs of sepertaion on basis of desertion and cruelty (adultery can not be proved as no strong evidence) however the my question is if the person hires a private detective and detective gets photos and other proofs so court does accept them or its seen as infiltration on woman modesty?
Can someone suggest reasonable and trust worthy detectives in delhi.
Best Regards
Justice_Seeker
09 April 2020 at 04:24
Hi Experts,
My relative who is almost 40 years now has been living a stuck life as he was married to a woman who is not as simple as it seemed.
The man was a daily wager of earning 15k a month and woman was a housewife both were living sperately from parental family and had two childeren, the man used to support his immidiate family as well as his parents because of the resposibility but his wife always used to have issues that why you support your family and why meet them. Man's family was ok and was living peacefully however one day the man came to his father stating that his wife is too angry and set fire to my clothes and he saved his life by running. Now the woman(wife) after two days with police and other bad woman came to man's father house and alleged that they have kidnapped her children but because of the fathers younger son who was bit educated told police that she is lying and can check our house also check her house if she has put her children somewhere, that day somehow passed without any harm but it was mental trauma.
The family was feared but can not fight as no one the family knows any lawyer, police person and belonged to lower service class family where one person supports whole family.
When asked with the man, he releaved that behind his back his wife is meeting someone who used to reside nearby and used to come to house and the wife used to say that he is his brother however and found one photo of them in clothes where they have phool mala (garland) in their neck and they might have got physical but do not have proof and the man believes that the third child happened during this time is of that man.
The husband also told that his wife is a lier and a player as during his time he has seen her playing a trick on other man to put him behind bars for couple of days by pouring kerosine on her and calling police that a man is attacking her.
Lets get back to next episode where woman has complaint in women cell and the cell people used to call both of them however no compromise was done and there authorities used to tell man that the law supports woman so be with her and accept her faults or you will be arrested.
The man do not want to be with her anymore and want divorce but can not get as alimony case has been filed by her, some time passes and woamn comes to his parents house again with her friend and beat his husband in front of his family and family could not do anything as she was woman and in family only husband's mother an old father in his sixtees and a brother was there who also could not helped.
Now its been 8 years that they are living seperate and husband heard that she is living in his house and has made it two storey and someone is also living with her, the husband do not know what rights he has also his father is died recently with a mothers responsibility and a mentally disturbed brother on his part. When asked for divorce the woman demands atleast 15 lacks, she has already taken his house but she is very smart and player he himself is not able to tackle her, he said he has no problem in taking care of children too but need the divorce as she is a very difficult person to live with.
Life is bad for some i want him to help but i am not sure what's best for him, could anyone suggest what he should do to get rid of this relationship as he already has lost lot of his precious time.
So in crux :-
Husband and wife living separately for 10 years now
Children are with woman as of now
Man is living with mother (father died)
Woman is living in the house made by both husband and wife(husband major contribution)
Man and woman both are less educated
Woman is more clever and smart than man and have anger issues
Woman has tried many times to threaten the family by false allegations and at times beat her husband up
Man is 10th pass and woman is 8th
Man now want to get free from this relationship but woman demanding lacks which obviously man will not be able to give
Please take time to read and then suggest what is practical and legal solution for this.
Appreciate in advance
Anonymous
05 April 2020 at 06:39
Dear Advocates,
Can a woman invoke DV just for asking maintenance...if it is so then it derogates Crpc 125 as per Sec 36 of DV Act.
Crpc 125 states a woman staying away from matrimonial house with out any sufficient cause is not entitled for maintenance....
My doubt is my wife stays away from me last 16years...she tried Crpc 125 and herself withdrew... now 2 years back she filed DV stating we are in domestic relationship and she is aggrieved of violence by me and my family...DV is in counter stage.... what is the best way for me to conduct trial....shall i file Perjury petition as i have evidence that in her sworn affidavit in 125 she avers she is not in contact with me since 2005 where as in DV she avers on oath that she is in domestic relationship as recently as on date of filing of DV in 2018...
Kindly guide me Dear Advocates...
Thanking you,
With High Regards,
Ganesh
Anonymous
04 April 2020 at 22:42
I am a government employee married for 2 yrs. My married life is becoming disaster day by day. My wife tortures me both physically & mentally every now & then without any proper reason. If a seek divorce from her & if she files 498A then what can i do ? As a government employee if i remains in custody for more than 48 hrs,then i will be suspended as per gov rule. what can i do in retaining my job if she files 498A ? Also i have old parents whom i dont want to suffer due to this . What are the possible steps can i take ...please suggest .
Pinal Patel
04 April 2020 at 13:02
One of my friend is having bal vivah and through that he is having two child’s but he don’t want to stay with her wife and he did another marriage.,so for first marriage what he have to do because through that first marriage he is having two child’s also.,how can he would be able to file a divorce from the first wife?and in that case does his second court marriage is valied as first marriage was bal vivah?
Anant
04 April 2020 at 00:23
Hi,
I had a matrimonial case upon me at Dwarka District Court since 2014. I had settlement and divorce with wife in 2015. Since then I appeared in the court multiple times at district court. The other party never appeared in the court after settlement and divorce. For the last few dates in 1 year, I also stopped to appear in the court as I couldn't travel because of my parents health reasons.
The last hearing date was on 2nd March 2020. When I checked online, I found that the status as "Case Disposed" and the nature of disposal given as "Uncontested--QUASHED".
I would like to know if District Court has authority to quash this kind of case because I had heard that only high court has authority to quash?
Anonymous
03 April 2020 at 20:00
Dear Advocates,
In DV case when does framing of charges done?
In DV case is evidence is essential or just statement by complainant is sufficient.
Thanking you,
With High Regards
Ganesh
Anonymous
03 April 2020 at 19:43
Dear Advocates,
in DV complaint do we required to attach evidence for getting it numbered or can we first write some petition, get it numbered and then during trial evidences could be submitted later....How can we know that magistrate has examined prosecution evidence before allowing DV number and trial
Thanking you,
With High Regards,
ganesh
BRIGADIER RM SHARMA
22 March 2020 at 12:21
Dear Sir,
My sister's husband has filed a petition under Section 13(1)(i)(ia) on grounds of cruelty and desertion. Now he has added adultery to the said petition on baseless grounds and blatant lies. My questions are :-
1. How can he prove charges leveled by him?
2. What are my sister's rights in his self-acquired property and also ancestral property?
My sister has also filed police complaint against him in CAW Cell and also a petition for maintenance because he is not paying her anything for the last about 6-7 months.
Shall be grateful for your expert advice
Thanks and regards
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शादी जिससे की हूँ वो मुझे शादी से पहले तमाम सपने दिखाए। उस समय मैं फंस गई और हालत से लड़ते लड़ते 12 साल निकल गए। मुझे उस समय पता ही नहीं चला वो प्यार नहीं बस धोखा था।
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अब मुझे वो हमेशा मानसिक प्रताड़ना देता है। होली के दिन मुझे इतना मारा मैं कह नहीं सकती यहाँ तक की मेरे कान के परदे उस दिन फट गए उस दूसरे तीसरे दिन जब हॉस्पिटल गई तब मैंने वहां भी झूठ बोली की होली में बैलून से लग गया।
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अब मुझे एहसास हो रहा है अपना भी अधिकार है जीने का अब मैं अपने बच्चों को सही शिक्षा देना चाहती हूँ। पर वो हमेशा मुझे दोष देता है और कहता है जो मेरी औकात है वही कर सकता हूँ पर वो भी नहीं करता है मैं एक पार्ट टाइम जॉब से करने लगी हूँ पर वो मुझे घर से निकलने से मना करता है। काम नहीं करने देता है।
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