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Sarath   16 September 2013 at 12:33

Proofs needed to file a domestic violence case

Hi experts

I am in desperate need of some good legal advice, please help me!

My sister is being abused by her husband and in-laws for the past 8 years, and she is psychologically and physically damaged now. We are taking her to our home for recovery and wish to file a DV against the perpetrators.

I am suspecting that her husband might want to file a divorce petition before we act on the DV.

We are talking to the doctors treating her to certify the physical abuse she has been through, and they are helpful in this.

1. Can you please advise what all certificates/documents we need to collect to build a strong DV case?
2. What exactly needs to be the content in such certificates/documents?
3. Also, how can we approach in bringing justice to my sister in the case where her husband files a divorce petition? Can I still proceed with filing DV and stall divorce hearing?

I am 25 yrs old, and both my parents are old. The whole responsibility of bringing justice to my sister is on me now, and I am in crossroads as to how to approach this problem

Really appreciate some help!

Thanks in advance
Sarath

Panecia garg   16 September 2013 at 12:19

Property purchase when divorce is at large

I am 48 years old. My wife has lodged 498A against me and I am presently not staying with her. I plan to file divorce against her. At present I am going to purchase a flat worth Rs 20 lacs. My wife is staying in rented flat with two children. I am paying the rent. Now the question is Can I buy the flat in my name? Can she claim 50% of flat after divorce, specially when new Marriage Act is on anvil

koteswara rao jonnalagadda   15 September 2013 at 22:12

Legal-procedure.

respected experts,

we need the expert advice on the following issue.
a.boy is a soft ware professional,he is a indian origin of andhra state,studied at newzeland and become the citizen of newzeland.

b.girl also soft ware professional,she is a indian origion of andhra state,studeed at australia and become the citizen of australia.

c.both got married at andhra in the year of 2008,got the marriage certificate from registror ,this is elders setteled marriage, and blessed with son at australia,boy automatically citizen of australia.

d.both are working at australia and living in australia.

e.boy parents also indian origin of andhra and settled at newzeland and become the citizens of newzeland.
f.girl parents are indians and setteld ,belongs to andhra,father pvt employee and mother retd govt employee.

g.boy parents shifted from newzeland to australia and staying with his son and daughter in law since 2011.

h.the youngsters landed in to problems and missunder stands due to the old people.

i.boy dont want to stay with out his parents,girl can not bear them due to their criminal thinking.
j.sitting girl parents at india,how this issue can resolve freindly and legally.
with regards.

Suman Das   15 September 2013 at 21:15

Can a mother change the name of child when a case is pending under section 25 of gwa?

Can a mother change/modify the name of child as well as her own “surname” in the Municipality Birth Record without informing the husband When proceedings under section 25 of the Guardians and Wards Act, 1890 and divorce cases filed by the husband are still pending before the district court.
The main motive behind this was to mentally traumatized the husband as the earlier child name have similarity with the father's name.
Under what section the father should approach the Ld. Court so that the earlier name of the child may be retrieved back?
Here the father is fighting the case as Petitioner-in-person.

indu   15 September 2013 at 20:56

How to trace/bring back the lost husband

My cousin sister's husband dropped her to her native and left her from 1 year, when she was pregnant . there were initial quarrels in the in-laws house. while leaving her he said he will be going to malaysia, his native is chandigarh.no contact/phonecalls till now. Now she has delivered the baby and she is still waiting for him. there is no whereabouts about him? she dont know whether he is purposely avoiding her or is in problem? Can we trace the lost person? what are the steps they should take?

Can we approach the police or court?

plz suggest me.



Thanks a lot in advance

Sanam   15 September 2013 at 17:27

Deserted by wife

Respected sir,
I was married in April 2012. I had to move to Siliguri-west bengal in November 2012 for my job, earlier I was working in Himachal Pradesh. She stayed with me till March 2013 at Siliguri and in March, she went to her parent's for giving the exam. I accompanied her till Delhi but could not leave her to Shimla as there was urgent company meeting. After the meeting I went to take her with me but she did not come back, my mother and sister were with me that time. Her parents told that they will send after 3-4 days. I had to come back for the job. My parents repeatedly went to her parents home but she denied even her parents were disrespecting and threatening to go for a police case even they did not offered water to my mother. I continuously called her and her parent's but they were not talking even they used to switch off their mobiles even they did not replied to any of messages. I sent messages on facebook, which she checks but never replies. I went again with my parents and family last month but they all were fighting and disrespecting everyone. She said that what ever times I try but she will not come back to me. When she did not pick my calls, then I wrote letters so she can come back as it was advised by one of my friend to write letters if she is not taking phone calls.
When she went to her parents for exam, she was pregnant and is expected to deliver the child next month. In January 2013, my mother and sister visited me at Siliguri and she disrespected her by denying to give any dinner and went to bedroom. I did not spoke anything in front of mother and tried to make things better. When my mother went back, I discussed the thing and asked why she behaved like that she abused by mother and even tore my shirt and rubbed her nails over my chest and face and after that I tried to stop her as she was pregnant, same night she slipped in bath room. She was complaining for head ache and I took her to hospital as she is pregnant. There she was kept into observations and was relieved next morning. Everything went normal and we were living happily before she went to her parents in March 2013. Even she took all the medical reports and Brain scan taken by doctors and I did not knew this.
When we came to Siliguri, I was searching for a house to live, she was staying in the Hotel which we took. On the day I took the flat and we bought house holdings and entered the house, she went angry just on the thing that I said that I want a driver(her father works as driver in a govt deptt) even she threw her CHUDAA(worn my newly married) in the dustbin and yelled that she will sell off her body to have the money to go back to her parents. I was shocked and hold her mouth to stop her shouting.It was known to me later when I spoke to her relatives to help me on the issues that she had some mental problem and was treated with tantriks for three years, even she did her education through correspondence metric on-wards. I tried my level best to keep her mood fine, I regularly took her to watch movies, visit to restaurants etc. But she got very angry and started shouting over very small things.
Now her parents are showing those reports to everyone and telling that it was my fault and I hit her.
I have tried my best to bring her back and she is not at all interested to come back to me or to my parents. My wife has given graduations final year exams and has done a teacher's training course. Her family thinks she is well qualified but cannot get a very good earning job.
I had brought a piece of land worth 7.5 lacs(in papers) on her name just 10-12 days back to marriage. My salary is Rs 26000 and work in a private company. I am regularly putting Rs 2000-3000 in her account. I have to pay back the loans taken by my parents(400000) and also have to pay the person from whom the land was brought, I am paying him 5000-10000 per month(amount left is 140000). Also I have to take care of my sister's education and her marriage.
The relation has gone very bad and I want to get a suggestion where my parents and my would be child are least affected and I can move ahead in life.

Thanks and regards

hemant   15 September 2013 at 13:30

Divorce and maintenance..

Sir/Ma'm,
Marriage took place in April 2009. And after only 3 months I was unable to stay there bcoz of his whimsical behavior, temperament, beating ,abusing me...and that is without any reason. He even dared me ki Truck se uda dunga tujhe. He was more of a psycho, and with some unknown mental disease. So I left to my parents home. all these years we have been fighting for justice I have three cases running
1.domestic violence,- Status: Police has screwed our case we dint knew the proper procedure to file an FIR and get a copy. So police diary has completely weaken our case and judgment was in my husband favour and we have challenged it but for past 2 years no result only taarik pe taareekh
2.To get my own belonging which were gifted to me by my parents (Streedhan)- Status: court has ordered him one year imprisonment and return of all my belongings. But this has been appealed by them and it is running for last 1.5 years but no result same taarikh pe taarikh.
3.Maintenance case –status: Court had ordered an interim amount of 2000 earlier in 2010 which he sometimes deposited sometimes not. Now 7 months ago in 2013 court has ordered a final amount of 3500pm as maintenance as he is a govt servent and has salary around 15k. he is still not giving this amount regularly so there is huge balance on him.
Meanwhile my Husband has filed a divorce petition also.
Sir my questions are: 1. we have given a application to judge requesting her to order for automatic deduction from his salary as he is a govt servent but she is just delaying this particular thing.
2.Shall we accept this divorce and get legally separated but my lawyer (we have appointed another lawyer for divorce case) is not advising to do so. Lawyer is saying we will not get anything and he will be free from all obligations by this. Considering recent marriage law amendment is it correct.
I also want divorce. As I have decided to lead my life single and I’ve started preparing for state civil services.
My Husband has good financial background his Mother and father are principal and vice principal in a govt school and have good amount of agri land in town so he don’t have any obligation towards his parents also. They (my husbands family) are ready for compromise and we are also ready for this but they are saying take whatever your belonging and give us ours (a mangalsutra) and settle it . Now Considering the fact that they were aware of this psycho man and still cheated me by hiding this fact and ruined my life I want to punish them as harsh as possible. please advice how should I proceed with this case to get justice soon.
Thanks
Jyoti

SUBHASHCHANDRA YADAV   15 September 2013 at 10:38

Divorce

HUSBAND IS UNABLE TO MAKE SEXUAL ACTIVITY WITH HIS WIFE FROM 1ST NIGHT OF WEDDING DAY. .HE MADE CHEATING FOR MARRIAGE WHILE HE KNEW VERY WELL THAT HE CAN NOT MAKE SEXUAL ACTIVITY WITH ANY FEMALE. . CAN WIFE FILE A DIVORCE SUIT AGAINST HIM AND CLAIM FOR ALIMONY OR COMPENSATION FOR CHEATING UPTO WHAT AMOUNT.

KINDLY ADVICE ME AT MY EMAIL ID: subhashchandrayadav37@yahoo.in

also give your contact nos. and email id.
MARRIGE DATE IS 26/11/2011 AND WIFE LIVED WITH HUSBAND HARDLY FOR 10 DAYS BETWEEN THEASE 2 YEARS. SHE WAS FEELING SHAME TO DISCLOSE THIS FACTS TO HER PARENTS AND RELATIVES.IN THESE 10 DAYS THERE WAS NO RELATION FOR SEXUAL INTERCOURSE BETWEEN THEM SINCE HUSBAND WAS UNABLE TO MAKE RELATIONSHIP. WIFE WAS INSISTING HIM TO GO TO THE DOCTOR BUT HE REFUSED TO THERE AND USED TO CREATE A CERCUMSTANCE OF DISTANCES BETWEEN THEM AS GO FROM HERE, GO TO YOUR FATHER, I CAN LEAVE WITH YOU. GO AND GET A JOB IN CALL CENTRE AT MUMBAI WHILE HE IS DOING A JOB OF COMPUTER ENGINEER IN PUNE AND DRAWING SALARY OF RS. 120000/- PER MONTH AND HIS AGE IS 35 AND WIFE'S AGE IS 24 YRS.

IN HINDU INDIA LADY CAN NOT MAKE REMARRIGE EASILY.

KINDLY ADVICE ME IN DETAILS.

Member (Account Deleted)   14 September 2013 at 22:57

My girl firend launch a complaint aginst me in womens helpline

my girl friend launches a complaint gainst me in womens help line up stating i am blackmailing her that if she will not marry me then ill upload her videos on internet ,but this is not true i am having conversation with her till day before yesterday and she was normal dont know y she has done this .Her family was not ready for the marriage

today i got a call from Lucknow womens help line stating all the above and tey said me to come their for counselling with all proofs.



please suggest i have to go their as a process or they should give me a legal notice for my presence and after getting it i should go their at lucknow.please update

ramakrishna.r.b   14 September 2013 at 19:50

Divorce notice and dv notice

my daughter has filed divorce case first but notice has not been served on my son-in-law. after couple of days we have filed DV case on my son-in-law and notice has been served for his family. Court amina i.e CRDO has served dv notice to their family. My son-in-law was out of station. CRDO contacted my son-in-law over phone and it seems my son-in-law has told CRDO to serve the notice and he will definetly attend. CRDO has recorded the same in his report and handed over the acknowledgement to the court.
My question is do we get what all we have asked for in the DV ?
Our lawyers want to serve the divorce notice to our son-in-law on the day the first hearing for DV case in the court hall.
Can we get divorce for my daughter as we are serving the notice after the dv notice has been served ?

I request the experts to give their free and frank opinion.