ano nymous
26 March 2014 at 11:42
Sir,
I am a govt employee, aged about 56 years, my wife is about 47 yrs, am a father of two daughters aged about 17 years and about 7 years respectively.that my wife
has been diagnosed with severe neurotic and psychiatric problems, more particularly termed as Paranoid Personality Disorder and Schizophrenia by different doctors
through whom my wife underwent treatment for a prolonged period.That during the period of ongoing treatments from 2006 to 2010, my wife made several attempts of
fleeing from our residences with our daughters. Sometimes either she would go to any of her friends home or to her relatives home and either her friends or her
mother and her relatives would bring her home when they came to know that she had left home without telling anybody anything, after a span of a week or even more.
She never answered why she went. Doctors who treated her termed her such escapades as an impact of her psychiatric problems.that my parents-in-law is no more
and my brother in law doesnot wants to help.
That on 13.7.2012 she fled from our home with our daughters on the pretext of going to our elder daughter’s school, When they did not returned missing diaries were
lodged before appropriate police station and before missing persons’ squad on 19.07.2012. That after more than three months I came to know that my
elder daughter is going to school, but irregularly, I informed the concerned police station about the fact. I communicated with the principal of the school stating
the facts to notify my daughters coming to school, but they did not communicated properly.The school authority said that my daughter doesnot wants to see me.
That they came back on their own on 19.08.2013.When asked about their whereabouts they did not answered. After pressurizing they told that they were in the house of
a small time student of mine.
Now after a couple of months of her returning she has started behaving improperly, sometimes she cries aloud of her own, she beats me up whenever I try to provide
her medical attention.My daughter uses sllang and abusive languages towards me. but i havent hurt any one of them in my entire life. From December 2013,
she is not opening the gates of our flat and not giving entry to me and any of our friends, neighbors and relatives whoever came to help. Our friends’,
relatives tried to persuade her but to no avail. My elder daughter appeared for her Madhyamik examinations last year, a year have passed by and still she has not
been admitted to any school due to the nuisance created by my wife, our younger daughter is about 7 years of age and she also has not been admitted to any school
till now.I did sent some money through one of her aunt in january,my wife took the money. when ever i go to my home
my wife doesnot opens the door to let me in or to any relatives or friends. That in the abovementioned circumstances our marital life at this age is in a total
state of absurdness, moreover, the future life of our daughters are at stake and in the verge of destruction. If immediate treatment is not given to my wife,
our family is going to be devastated.
in the above mentioned circumstances, what legal actions shall i take:
1. to enter upon my own flat.
2. to stop my wife doing such nuisances and provide her treatment under supervision of court.
3. to admit my daughters in school.
4. if possible a judicial separation with custody of my childrens.
5. divorce.
please advice.
aryan
26 March 2014 at 00:44
sir plz help..my friend has been booked in a 498a and 34 case.which is totally a false one..the complainant has included my name though i stay 200 km from the case booked place..he is not my close friend..i have not seen that girl in last 4 yrs..4 other friends have also been booked..all have been granted bail.. 1) what should be my course of action..2) till what duration i can provide surity for bail..10 days ..15 days or what is maximum limit duration to provide surity..plz guide other course of action.. regards
LEGAL-CIVIL CRIMINAL
25 March 2014 at 20:01
Domestic violence act has two provisions for procedure.
section 28 says CRPC is applicable while section 29 talks about appeal.
If CRPC is followed than there will be revision and limitation is ninety days and if section 29 is followed than limitation is thirty days.
Now our problem is that a revision is filed against procedural order of DV ACT case, can it be converted to appeal u/s 29 if otherwise within limitation., if there is objection by other side.
What procedure should be followed.
Pradeep Kumar
25 March 2014 at 19:50
Hello All,
1.My wife has filed 498A IPC34 aginst me and my family members last year.
2.Now chargesheet filed only on my name (498A DP 4)my parents name has been left out.
3.I have appeared for the first trial in lower court last month.
4.Now I have moved application for Quashing and stay in High Court,the application has been numbered pending for admission.
5.My query is last 15 days the application pending for admission ,today it came for argument but PP told that he will file objection on Friday ,so the argument is on Friday.(15 days is pending for admission really is this the normal procedure?)
6.whether PP can file objections for both quashing and stay during this time?
Am really confused what is going on my doubt is here whether opponent playing wiht money ,is it possible?
Pls revert back to me wiht your comments.
Regards,
Km
6.My
Anil Sai Kumar
25 March 2014 at 11:52
I have filed for divorce in 2008. The lower court granted Restitution of conjugal rights in favor of my wife on 5th July 2010. I filed an appeal in High Court against that order in November 2010 asking for stay on that order. The stay is not granted.
So my question is can I file for divorce under section 13-1A (ii) on the ground that 1 year is lapsed after passing the restitution of conjugal rights, as the stay is not granted in high court for setting aside the lower court's order for restitution.
They have tried forcefully to drop her at my home in october 2010. We did not allowed that and went to police station on that. My lawyer said that in case she wants to come she can do so by getting an EP from high court, which she did not do till now.
After that there were some mediation done for compromise( settlement by paying amount ) which failed. Later she filed for Maintenence in jan 2013. I have a daughter aged 7 years now. she is asking for Maintenece for both. Recently, I came to know that she is working as a teacher in the school where my daughter is studying.
Please suggest whether I can proceed with filing the new case for divorce ? will there be any difference in case of maintanence and permanent alimony as she is working in a school as teacher . The school is a private school?
mayuri
25 March 2014 at 11:27
my sil file a divorce petition under HMA 13-1[i-a], u/s sec. 24 & 25.in may'13.
1st date of counselling was in dec.'13 and 3rd date will be in may'14.
lawyer advise is to file written statement/reply to petition after counselling is over.
is it right strategy ?
shanthi
25 March 2014 at 11:23
Hi,
I have filed domestic voilence case against my husband before 3 years. Still I didnt get any orders. I approached HC for speedy recovery. HC ordered for call for report. My judge told us to complete the case soon. Immediately my husband approached HC for stay. its passed. What will be my next move to complete this case soon. As I am suffereing a lot because of him. He applied divorce and now i am agreed to that. But he is tellng he wont give single paisa as settlement as I am a working woman. And he file defamation criminal cast against my sister who is married and me.
Questions:
1) I dont want to drag this case anymore for as I have already wasted 4 years of my life in court. I am ready to give divorce but I want only the money I spent for marriage and my gold jewels. How to finish this case soon.
2) what should I do now to finish the DV case soon?
3) According to child custody he got visitation on every sunday, but when ever he comes to my home, bring camera and recording all thins. it makes me shame infront of neibours. how to avoid this situation?
Please suggest and advise your valuable suggestions. Thanks.
Satya nand aggarwal
25 March 2014 at 09:27
Man gets marry after exparte decree of divorce and later on exparte decree set aside . What will be fate of first marriage.
Raj
24 March 2014 at 21:47
My cousin brother child custody petition is pending before the family court.The Oppoite party has not been appering despite of serving notices.The judge record her non appearance and order for ex-parte order on next date of hearing..IF THE PARTY IS NOT WILLING TO CONTEST the petition, whether judge passes order in the favor of my brother without merits of case ? or it will hear on its merits before passing any order??
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