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satinder bassi   05 January 2013 at 17:30

Mobile phone recording is evidence in 498a and domestic violence case

Thnx for 1st reply. Sir i have mobile phone recording. Which proof my wife harres me. mother of my wife demand the money through own doughter & many more recording proof dowry is no matter. this marriage is 2nd marriage both of us. She hve not leagly divorce. Her x husband harres her family. After two hearing she file the dv case in court. Wht investigation is runing on her complaint in women cell. I also give complaint & c.d of recording in women cell yamunanagar. Now this sitution police booked f.i.r against us. May i put the case in high court for stay & quash. Again i want to know recording is evidence & about f.i.r.

Aditya Sharma   05 January 2013 at 16:27

Seperation

Hi,

In my case, My wife charged me & my family under 498A in Sep'11, spent 6 months with us after mediation and from Jun'12 onwards she is not with me and we case is going on). Her family has requested to have full closure at one go or court will like to have second session after certain time. Settlement amount has been finalized. However I want to fight case on merits but my family wants to get rid of all this at earliest as possible. Also, my in-laws has accepted that there is no hope left in this relation.
Is it possible to have seperation in one hearing as it's already 1.5 year, we are facing this.

Regards,

Aditya Sharma

satinder bassi   05 January 2013 at 15:37

How get copy of complaint to caw yamunanagar

my wife was given complaint against me and my family member in women cell yamunanagar. i tried to get copy of complaint . i contact with rti officer yamunanagar. she say you send the written request & 50 rupees postal order the name of sp yamunanagar. i sent request. but, she say investigation is not close. so, we can not give copy of complaint. how i can get a copy of complaint. i want to know, which complaint police recieve written. then police will register the complaint in ddr.

K.padma   05 January 2013 at 15:33

Right to put case

my grand father having some immovable properties.he had 2 sons and 2 daughters.his first son is my father.after my grand pa expired his property powers came to my graand ma.now we are 3 daughters.we all are major's.now the property is share and sale by my dad and my uncle(my father brother) without our consult.now we r daughters want to file a case on our grand pa property.in which section we proceed and what will be the court decission.pls....give reply in detail.

Ramesh   05 January 2013 at 13:57

Quashing 498a charge sheet

Good Afternoon Sir,
How many months time the court will take for quashing an 498a case charge sheet and what are things or evidences will be required along with quashing petition or it can be file on first charge sheet and if court quashes the charge sheet the entire case will be closed or not and if we file petition for quashing charge sheet the accused persons need not to attend trial court or the trial will stop if we file petition for quashing.charge sheet And sir pls tell me approximately how much fee will be for lawyer in Hyderabad for quashing charge sheet.
Thanking you.

R.Ramesh   05 January 2013 at 13:09

Second cs

Gud Afternoon sir,
I was accused in false 498a case I came on bail and my family members got anticipatory bail just one week back I/O had submitted first charge sheet to the court.So, sir my query is that whether the trial court will start with first charge sheet or after submitting second charge sheet and how many days time it will take to submit second charge sheet or is there any specific time duration period for submitting the second charge sheet and what is the correct time for me for appointing an lawyer. Sir, waiting for your valuable information.
Thanking you.

dilip   05 January 2013 at 13:04

Harassment by lover

My case is as follows-

I got married last year. and prior to marriage I had the affair with married woman who had children. her husband is on bed for life long.

It started with her social help. and almost I helped her in allrespect 2.5yrs like, talking to doctors, monetary support and moral support because she used to stay just below my house. as a social responsibily I started helping her. and helped her to the best of my effort inorder to take out from critical situation. later on she started telling her old stories ...about her relation with husband and relatives. infact she has not cordial relations with anyone neither on in law side nor her parental side. and after 2.5yrs of social help ....it turned into physical relation also and there after I always use to tell her ...its better get away as I'm going to get marry soon ...and that time she used to tell me you get marry and everything will be fine.
and I got married with other girl with whom my mariage had been fixed after 1yr of physical relation with her. after marriage I had to devote my time to my wife. and then my wife left to USA for her official project. and then again things have started
but she used to tell me that call your wife from USA and stay together how can she go to US leaving you. She used to support me in forcing my wife to come back as after marriage couple should stay together.
after several fights with my wife, she came back keeping in mind that she'll stay in india with me.
but here, She started behaving abnormally, and forcing me to focus on her, when I told I'm married not I've make my married life cool as my wife has come back. She started creating noise. and cut her hand also to threaten me. by somehow I gave her firstaid. and realised that ....Her complete mindset has change now. She does not want me to stay with my wife rather I should stay with her.
then I started making distance and told the whole story to my parents and my wife.
everybody scolded but they are with me. now every now an then ...she is scaring me and threatening me that I've used her ...but that is not true. she'll call the police or take some legal action against me.
now it is almost 6-7months, she has been doing this. and my married life and peace has gone completely.
Please advice. what should I do ?
can she make any case after 6-7months of apart. I'm not staying in my house also ...because of her. She has completely screwed my happiness...fought with my parents in my absence.

Waiting for your response ?

Amit   05 January 2013 at 12:26

Shared household

Hi,

My wife filed DVC on me and all my family members and she's asking for shared household and maintenance. There are other cases like divorce (filed by me), 125 CrPC etc still pending in the family court.

I have my own house (purchased 3yrs prior to marriage) and my parents have their own house.
We (me and my wife) never lived in any of these two houses. We lived far off (in same city) in a rented accommodation.

She's highly educated (masters) and earning 15K to 20K p.m.

In view of the above
(1) Is she entitled to household considering she's earning?
If yes:
(2) Can she ask for a shared household in my house?
(3) Can she ask for shared household in my parents house?
(4) Can we offer her another rented accommodation? What if she objects and is adamant on staying in one of these houses?
(5) My house is divided in two portions and currently rented out to two families. Do we have to give whole house to her or can we give one portion to her?
(6) Can her mother, grandmother and brothers stay in that house?
(7) Are we to give her other facilities like washing m/c etc?
(8) Who pays for her electricity, water charges?
(9) What action to take in case she damages the house or picks up fight (in an attempt to kick out) the tenants in other portion?
(10) My house is close to my parents' house so what if she occasionally comes and starts arguments with my parents?

I may have more questions depending on answers to these.

Thanks

Adv. Hemangi Jade   04 January 2013 at 18:41

Protection of women from domestic violence act, 2005

Sir,
I am for the Respondent in the matter U/s. 12 of Protection of Women from Domestic Violence Act, 2005.
What are the stages under the said Act. Do I have to make an application for Bail on the first date of hearing?
Can I file my Written Statement?
Thanking you in anticipation.

Member (Account Deleted)   04 January 2013 at 17:38

Child custody and travelling out of country

hi,

i am separated from my husband for 4 years.we have a daughter who has been in my custody since birth and my husband has not taken any efforts in meeting my child.

we are not divorced yet and there are no cases against each other that is pending in court.

i wanted to know if i can travel out the country with my child. should i get my husband's permission / child custody before travelling ?

i am not interested in filing any cases now , nor interested in seeking his permission as we are not in talking terms for the past 4 years.