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Anonymous   03 October 2011 at 09:45

Need help in dv,498a,maintanance,child custody

Dear Sir/Madam,

I & my wife got married on 07.02.2004.Due to happy marriage life one female child borned on Dt.20.09.2005.After birth of child she changed her nature any many problems had been started in our life.As she was a doctor we have started her clinmic in our town.But she was spending her most of the time in Share stock market office opposite to her clinic.One other cast person who was handling that office came in contact of her.One day when I had participated in one govt.competitive exam,she went for long drive with that fellow.They went at dam site nearer our town.One day I got one entry pass of dam site of visited by to person in the name of her & mine.But byke no.mentioned in that was other.So,I made inquiry of that byke no.,and that byke was of that person.She had written her name followed by name in that entry passs & register mainted at dam site.Wrong signature of my name had been done by them in that register though I was present in competitive exam. When I asked her about this she became angry in told me that if you will ask me about this I will suicide & went from our house in September 2007.At that time my female child was 1.10 years old.I & my parents bringed up our child.After the age of 3.5 years age of child she entered a case in family court regarding child custody & mainatance (as she is working in pvt.hospital earning 10,000/-p.m).All this two cases are running under family court One day in July 2011 at night at 9.00 p.m she came to our house with making injury on her hand,and got shouting save me..save me…After that she had been admitted in the hospital and got medical certificate.On the basis of medical certificate she filed a complaint in our local police station against me,my parents & my friend,that when I went to meet my child at home these all the peoples attacked over me with sharp obstance & made injury,They were harassing me.On these basis police had filed a case under
IPC 498a,323,114,523.After that in August 2011 she had filed a case under DV act on the basis of FIR.At now no Charge sheet is submitted by police in the court yet.Now she wants to use this FIR in minor custody case & Maintanance case.Sir,my question is to you that Can she admit all these documents i.e FIR in these matter as charge sheet is not submitted by police yet?Is it relevant in these two matters?Can court make judgements with out submission of charge sheet?We have admitted these all the documents in Child custody case & maintance case.But she had denined it.Our lawyer says that these all are not relevant.Can u suggest me your best suggestion in this matter.Can my mother file a DV case against her ?

Anonymous   03 October 2011 at 09:37

Regarding dv act

Sir, i want to ask you that can court would take any desicion on the basis that actual domestic violence had been taken place or not?Submission of made by her weather it is true or false?
or
Court will take any desicion without proper investigication?

mann   03 October 2011 at 00:45

Marriage

I am Sikh boy age 21 and the girl I love she is Muslim age 18 . We are want to marry at any cost and through any legal process. But our parents are against the marriage. Therefore I am planning for a court marriage, i know that if i applied for this they will send notice to both of our reg-office for display in notice broad but i don't wann to do it because both of our parents are well known by lot of people so if they did in the notice board then it will be a big problem so i need to do the marriage in a secret way,
We don't Have enough Time To Wait
Please Suggest Us.....

Kulbir Singh Bahri   02 October 2011 at 17:15

Pending query

my pending query

Anonymous   02 October 2011 at 15:13

Divorce

My dear respected experts,
I want your expert opinions in this matter.
I have filed for divorce against wife. Iam husband. Iam staying in mother's home for 10 years with my family. My mother's home will come later to me legally.This is last house sharehold where problem has come for divorce. And this will be a property I will legally inherit later. I have my own small flat which was previous shared household for 7 years in same city. It is lying empty. I want to protect it from my wife who may file DV case and seek right of residence in previous shared household. But she has no problem in present shared household.She has ample space. No DV against me but she can make false/exaggerated charges. I don't wish to give previous shared household on rent. How can I protect it from my wife just in case she tries to gain entry in it through DV act,claiming right of residence.
Thank you very much experts. Please explain fully. My wife has caused me great mental agony. She is full of greed alongwith her paternal side joint family members and their friends,spouses,and children.She wants to grab everything.She has no physical relation with me.
Thankyou again

Anonymous   02 October 2011 at 13:55

Caveat

Dear Experts,
Iam as husband filing a Judicial Separation case against my wife. So far she has not filed a single complaint against me officially nor has she proof of domestic violence but only minor quarells. But I suspect she will file a DV case against me when she gets notice on Jud. Sep case. Is there a caveat system in lower courts where I can apply
so that no action is taken by the metropolitan magistrate before he gives me a hearing.
Thanks in advance.

Anonymous   02 October 2011 at 13:49

Regarding dv act

Sir,My wife had filed under DV act against me & my family,thoough we ae living seperately since 4.0 yeras(2007).She had already applied in 2008 for mainatance under crpc 125 & chilld custody.Both the cases are running in the court.Court did not granted her demand of intermediate maintance as she is qualified & earning 10000/-p.m.In July 2011 she came at our house with making injury on her body and went to hospital.She took medical report from govt.hospital & applied against me & my parents under 498a,323,504 etc.Then on the basis of fir she applied under DV act section 18,19,20,21.Chrgesheet is not submitted by police yet & police had not taken any statement from our side.I want to ask you that when maintance case & child custody cases are running in other court how can her case sustain?Can court take any desicion when both case are running in other court?Because she had made only drama to threaten us..What should be done n this matter?

M. R. Khan   01 October 2011 at 20:14

Wife threatening

R/Experts.

Pls. advise, what option / legal action can be taken against wife, who regularly threatens the husband that she will commit suicide and misbehave with him on daily basis for petty matters and blackmail him for all issues and force her decision on him.

Thanks and regards.

Anonymous   01 October 2011 at 19:51

498-a/406 and 125 crpc

RESPECTED EXPERT,

MY ABOVE MENTION CASES ARE PENDING IN THE COURT. I M REGULARLY PAYING INTERIM MAINTANANCE AS A DEFALTER AFTER HAVING AROUND 13 MONTHS JC BUT THERE ARE ABOUT 2.50 LAKHS OUTSTANDING. MY WIFE IS CLAIMING RESIDENTIAL PLACE.

CAN SHE CLAIM RESIDENTIAL PLACE UNDER 125 OR 498-A ?

CAN SHE CLAIM IN DV ACT ?

WHAT REMEDIES IS AVAILABLE FOR ME IN LAW ?

Anonymous   01 October 2011 at 15:12

Allowing one room??

Dear Sirs...
My whole family got trapped in whole 498a and DVC cases..My wife got order under sections filed u/s 20(3)and 23 of DVC act to grant Ad-interim maintenance of Rs. xxx.

now her lawyer wants to put a application for allowing one room in my house? Now the main DVC case trial will be going on ....on what conditions i can deny this...I have got proof that she is earning now??