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Rahul Mendiratta   21 October 2013 at 12:46

Procedure in dv case

My beloved wife has slapped 4th false case of DV on me and my family after 498a, DP and 125.

Please guide me how can I go about the case?

Can I go for DIR quash or chargesheet quash?

Pinky   21 October 2013 at 11:39

Please guide

Dear All,
We have 6 years of love cum arrange marriage. I decided to move out of the when I came to know about my Husband’s affair. We are having 5 years old daughter also, she is staying with my MIL separately.

My husband use to torture me physically & mentally but I do not have any proof as of now. He also indirectly demanded money from my parents also.

We discussed several times across the table but was of no success. Now my husband, BIL & MIL are demanding the gold back from me which they gifted me after marriage.

I am staying separately from my husband since last 4 months & my husband alongwith his clothes has shifted back to hometown after I moved out of our rental home here in Delhi also as I am paying the rent of the vacant home but now I have decided to continue my studies and therefore it would be impossible for me to pay the rent. Should I sell all the materials at our rental house; if I did so is there any possibility that my husband can claim that amount, as that material was purchased after our marriage(Gift from my parents)?
Please guide as my husband is not agreeing for divorce. Should I send the Notice to Husband? If I just prepare a Affidavit, along with consultation of Lawyer, and get it signed by my Husband then can that be considered as sufficient?
I want to finish all the relations with my husband as I have fear that in future, he would come again to me and would definitely keep some demand.
I want to know whether I should complain in Women Cell, as once in a week they make a call to me with one or the other allegations, due to which I am in depression.

PRACHI   21 October 2013 at 08:49

Related to engagement

MY CLIENT and her daughter WENT TO SEE GROOM FOR HER DAUGHTER The family of Groom wants to marry with her and they kept ring with them and told the client and her daughter that the engagement to be done. they forcefully done the engagement without the consent of the girl. Afterwards the family harassed the family of girl by sending photographs of engagement to the emailid of the school where the girl is emloyed. Now the girl wants to give back the ring to the boy's family and want to broke the engagement which was done forcefully. what will be the procedure

shanthi   21 October 2013 at 00:16

Divorce - valuable advice required to take decision.

Hi All,
I read some of the answers for queries, its really helpful and valuable to all.

Now i am here to ask ur valuable answers to decide my life. I living with my parents for last 3 years. I have 1 girl baby 3.5 years old. divorce applied my husband, he dont wantt to live with me, stil i dont know the reason, but divorce based on the cruelty. I told him many times be polite, we wil talk and solve our problems. he never listen. I am waiting for him for last 3 years. he become worse. now i can understand he doesnot have any idea to live with me anymore. mentally i decided to give him divorce. he got visitation rights on every sunday 9 t0 5.
Question:

1) he is rich person by birth and earning 2.5 laksh per month. and he said he wont give any maintenance to me as i am working and he also collected all my bank statement and CTC information through some ways. I spend around 5 lakh for my marriage, I need that amount and my silver , gold articles.. How to collect that from him without delaying?

2) i suffered a lot because of him, what wil happen if i dint go to court for 6 months. wil i get exparte? is that valid. becuase i want to re-marrr someone. wil that sufficient to get marry.

3) he got visitation. I can understand i cant avoid that. But if I marry anyone, how he can accept my ex-husband come and take baby for every weekend, so what wil be the best solution for this visitation issue. he is paying maintenance to the child.

4) can I marry if i got alliance in abroad, and can i ask court to allow my child with me to take abroad. as he is an marine enginer, he cant get the custody, as of now i have custody with me. if that the case how can i execute the vistation right ordered by the HC. what should i do without affecting legally..

Please advice and provide me ur valuable suggestion, it would be great as I suffered lot because of him. I am unable to do anything as he got money and manpower. I really want to comeout of this issue with minimum damamge. please safeguard me from this. Thanks a lot
regards
Sri.

Ranjith A   20 October 2013 at 21:45

About divorce

Dear Friends
I want t know that, for mutual consent divorce
Submit the Kovil marriage reg letter, and marriage invitation and Personal Id
But we didn't take a photograph at the time of marriage and one more thing is we met misunderstanding and not living together from the 2nd month onwards....... please help me whether photograph is needed or not......

INDIAN LADY   20 October 2013 at 18:34

Domestic Voilence

Respected All , 3 Cases already running 125 and 498a from My side and HMA 13 from Husband . Husband went to jail for 5 days . Now if I file DV. In what manner this will help me ? As my husband filed HMA 13 then how I will get the compensation ?

INDIAN LADY   20 October 2013 at 15:29

Modified 125

Respected All , In my 125 suit reply as usual with denial of all paras he stated that he is earning 8 to 10 K . After that born of my younger son we request for Amendment of Application which is approved by court. In reply of this amedment he rellied one thing that I was earing 8 to 10 K but after th 498a FIR his shop is closed and he is not earning now where as his shop is open and his cousins are running the shop. Consideration is pending and on first week of Nov. Now my query is how the court will take this reply and what should I do to prove that his shop is open so that I cam get good relief. As of now he is in jail under 498a complaint and as u expert told that He will gey the Bail. My other query is how long he can stretch to avoide to pay maintenance ? Pls get me the practcle reply which is actually happening in courts.

friend   20 October 2013 at 09:20

Regarding house loan

i have a troubled marriage.but till now have no court cases or anything.i live with my parents in a house owned by my father(not ancestral).
it is a old house and i want to rebuild(reconstruct) it by taking a house loan from the bank.
my father is a retired govt. employee.
i want to take a house loan and repay it from my salary.there is no change of ownership. only the loan will be payed by me.
if she goes to the court will she have any share in the property(house)owned by my father.
what are the legal issues related to it.kindly advice.
thank you.

jay pathak   20 October 2013 at 06:47

Desertion

I got married on 20 april 2012 in pune. my wife was working in a reputed company over there.i am working in a govt job in ahmedabad. after our marriage we went for honeymoon. after honemymoon she left for pune for seeking transfer. she took a transfer to ahmedabad.she stayed in ahmedabad and started working in the company. her father used to threaten me. she asked her father to come down to ahmedabad to apologise. However when her father came in ahmedabad along with her relatives he started a quarrel and my wife left with him. Before going she filed a statement in local police station regarding quarrel and threats issued by her father and said that she does not want to file a complain against me or my family memebers and she is going as per own wishes to pune. she left for pune on 08 august 2012 on the same day of the quarrel and same day of filing police statement.She was staying in pune and after my insisting telephonically she resigned from her job in december 2012.
After that she delivered a baby boy in february 2013. however she never insisted on coming back and staying with me. In october 2013 she joined the job in the same company in pune without consultation with me. now she is refusing to come back to ahmedabad. she is asking me to come on weekends/or take a new job in pune. i have not seen my kid and i cannot go over there because of the police statement nor she is ready to come back to ahmedabad. it is 15 months now. what should i do?

false_case_victim   19 October 2013 at 19:58

498a summons not yet received. what should be our next steps?

Dear seniors,

498a Case is filed in a metropolitan magistrate lower court in the year 2011.
Its been 2 and half years now. The accused has not received any summons or search warants.

1) What should be the next action item by Accused ?
2) What might be the reasons for not receiving the summons for years?