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vineet   12 October 2010 at 12:43

Misuse of DV act

Seeking expert /Professional guidance---
1) Wife filed false case of Domestic violence against Husband, Fatherin law and Mother in law.
2) Wife having affair and working in reputed hospital and left husbands rented home 2 years back with 6 year old daughter to her parents home in delhi.
3) she filed the case after 2 years of leaving the husband.
4) Her father sent CRPF commandos to threaten the Boy's family ( All gypsy nos. and officials no. noted down)
5)Girl also not tried to snap the relations with boyfriend/colleague. and to hide this, she uses different tactics to harass the husbands family.
6) Boy's family disowned the son and daughterin law after the illtreatment meted out by daughterin law.
What are the options to tackle such problem and to get out safe from the hands of protection officer who usually harass the Boy's family .
How to fight the case further.
Kindly give your opinion.

Anonymous   12 October 2010 at 11:42

Divorce & section 9

I was married in May 2009, due to wife attitute and unfair activities, i tried to maintain my married life & i was seperated from my parents in Oct.2009.but in April '2010 she left my independent house with all gold and valuable household material, but i tried my best to came back but she is not comming.

1] I filed RCR in April 2010.
2] In May 2010 end she filed 125 crpc and
June 2010 she filed DV against me and
my parents.
3] Mahila Parmersh kendra and other
authorities but all are vain, i also
tried and ready to resolve this issue
mutualy,but all are vain
4] She is not ready to resolve this
issue and demanding huge amount and
blackmailing & threatening to file
498a etc.

My qurries are
1] If was residing seperate from my
parents how she can registered my
parents in D.V. & others acts cases.
(I can prove for seperate residing)
2] Can I file against her any case for
such act.
3] What is minimum period required to
file divorce ( Married May 2009.)

4] what is a decree of divorce.if a
husband get decree what relief he can
get.
5) At present I have no job, what is the
rule for pay of maintenacne, if i file
RCR and still i m ready to kept with
me, in this condition she is entitle
for maintenance ?
6] After one & half of my RCR file, she
filed 125 & DV case, can i file any
case against her in this condtion .
7} What kind of steps i could be taken to
rid such problem
Kindly advise & help me in this subject urgently.

Thanks

Amit Oza   12 October 2010 at 10:10

Decree of divorce

what is a decree of divorce.if a husband get decree what relief he can get.

Anonymous   12 October 2010 at 09:28

rcr notices avoiding

hindu,married one and half year ago only for two months of cohabition my wife deserted with pregnency(male child) as she wants as a inatumnsoninlaw.after attempts made to get back her & child i went for rcr.in reply notices they stated that dowry demand & necked out even they are ready to cohabit.but they did not come when i went to her with elders.i am a state govt employee.i filed rcr in june-10.three notices send her through court.but they are avoiding notices for the same address which is their own house.wantedly avoiding notices.recently they filed for mc.notices still to be serve.petitions filed in different districts.
1)what are steps to be taken?
2)the court cant be cosider as an ex parte?
3)is there any chance to file a writ to visit my child?
4)i am ready to give maitanance for my child.why should i give to my wife with her wrong?ready to pay the total amount in the name of child.

Manickam   11 October 2010 at 22:30

second marriage

I have got married two years back and have a child. My wife is working as a UDC in a government organization. However she is healthy enough to bear a child she has no interest in sexual life. This is partly due to physical (mismatch of genital organs) condition and partly due to psychological attitude. She is not cooperating for medical treatment. By fault, she used to say that I could marry another girl if I needed. I also frustrated and it disturbs my professional life. If I want to marry a girl with permission of my wife, what are the things I have follow, that will lead my second marriage legal.

Gaurav   11 October 2010 at 15:35

Urgent Advice -- For Divorce

Separated from parents and living separately with

wife in a rented accomodation for past 4 months.

Wife always fighting and quarreling. I want to end

the relation with her fed up with daily abuse and

fights for past 8 months.
Wife says, that she will not give divorce and will

make my life hell by residing with me in the rented

accomodation. She says that she wont go to CAW but

will keep fighting and will make my and my parents

life a hell. Parents are not staying with me.
Please advise what should I do?
I want divorce and marriage is 8 months old only.

Anonymous   11 October 2010 at 01:06

Family court Lawyer for Madras

Hon. Experts,

I am in search of good and experienced family / divorce lawyer for Chennai. Actually my husband has sent me a divorce notice.
I am a layman, so plz. Suggest me the name and contact address or cell no, so that I can contact. Preferably associated with any NGO.

Thanks and regards.

Anonymous   10 October 2010 at 17:19

False elegation by husband to harassme & my family.

My husband & i was working in private company's prior to our marriage, we get married in 2008. After marriage my husband & his family started harassing me mentally & physically to give them my monthly income & ask my parents for more money. He told me that he is in love with a girl & willing to marry her, he just married me because of his father's wish to get dowry from me & my family for his sister's marriage. he use to left me at home & stay at his lover's house for many days.After a week of marriage he told me that he does want any baby from me as his motive is to get money from me, that's it.He always use to tell me that his sister-in-law's children are his own children & he can do everything for them & to do so he can go to any level.After 2 months of marriage I conceived, but my husband & in-laws were not happy with this news & asked me to abort the baby, i did not agree & denied to abort the baby & my husband gave me pills which results in miscarriage, but i have no document to prove it. All I can say is that my father-in-law is a homeopathic doctor, so with his help my husband planned my miscarriage.After that I resigned from job & wanted to stay home, but my husband was not ready to keep me with him on his expenses & forced me to go to my father's home.After that he never ever called & never eve tried to contact me. In fact, they had started spreading rumors about my character. when ever my family members asked them to call me at there place, they use to insult them. They also asked for a fully furnished flat of 40 lakhs & lots of gold jewellery & other luxury items.Finally I have filed a case of dowry & harassment against my husband & my in-laws.

In return, my husband has filed a case of divorce(2 months later of my dowry case) against me & another case of robbery against my family, including one of my brother who is out of this country before they filed the case. And , he is also trying to threaten me from his calls & telling his relatives as well to call me & harass me to withdraw the case of dowry.

I want to know, whether the steps i have taken regarding my case are correct or not? Also, what other things I can do to prove my part well? Whether the robbery case can be dismissed based on the evidence that one of my brother was out of this country at time of the incident date. My husband has filed the divorced case in family court,In which he has shown few things about me which are incorrect & i can easily prove them wrong.So, will there be any chance that I would be allowed to live with my husband by the court.As, I do not want to break my marriage & willing to continue it.Last but not the least, my husband is guided by his father(widow) & sister-in-law(her husband mentally retarted) & they are not allowing him to meet me or even talk to me.So, can I take any stand against them?

Anonymous   10 October 2010 at 11:53

Regarding interim maintenance

Dear Experts,

From the following can you give advise/replies for the questions listed below the details:
Husband works in a global company. Holds a senior level post and is boss of the regional office. Husband does not tell his correct salary and shows only salary slip which reflects salary after eductions(which may be unreasonable in view of the possibility of providing just interim maintenance /permanent alimony. Wife presently not working but have a few lacs of fixed deposit half of which after selling her jewels which brings an interest of a few thousand rupees. The money husband sends is not sufficient to maintain self and the child so this interest comes handy. Put together, the money still falls short for a reasonable, not luxurious, living standard.Husband never used the facility of getting the medical bills reimbursed for wife and child. But he pays the school fee of the child, but not other expenses like extra tuition fee, expenses for some extra carricular activities, school transportation, reference books, clothes etc. Wife lives in her house gifted by her parents but does not want to sell it as it is very difficult for a separated woman with a child to go from one rented house to another. From the above details, can you please let me know:
1) How to find out the exact salary and other benefits that husband is getting from the company?
2)How much can wife and child expect as interim maintenance?
3)Would wife be compelled to break her savings the interest of which she is using to supplement the money husband is sending, especially in the view that this money would not last much,not beyond two years and wife would never be able to repurchase her jewels which she had sold of under forced hardship created by husband.

Please give your valuable opinion on this matter. Wife does not have means to engage private detective to find out husband's salary.

Sincere Thanks for sparing your valuable time for responding to this query.

Anonymous   09 October 2010 at 23:35

Unregisted will challenged

Sir, My Father has 5 brothers and 2 sisters.My grandfather died with an unregistered will leaving assets on my fathers and other brothers name.The land my grandfather gave to my father was booked on my grandfathers name but all installments were paid by my father right from begining and the land ( we have made a house on that land ) is now a free hold hand and is on my fathers name . One of my fathers sister claims that she wants a portion of property. we are a hindu family.What can we do to stand up our case.The land is in my fathers name and all papers are in order.please suggest.All brothers and sisters have signed the unregistered will except one sister who claims the right now. please help