Domestic violence
yash
(Querist) 02 June 2014
This query is : Resolved
A CASE IS PENDING UNDER PWD ACT(PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE 2005).
MEANWILE THE INLAWS(HUSBAND AND HIS FAMILY MEMBERS) ARE PLANNING TO SELL METREMONIAL HOUSE AND TO SHIFT SOMEWERE ELSE.
SO THAT WE BECAME UNABLE TO TRACE THEM.
THEY ARE ALREADY NOT PAYING THE AMMOUNT OF MENTAINENCE AWARDED BY COURT AS AN INTERIM ORDER.
AND USED SOME WRONG WORDS IN COURT ROOM IN FRONT OF MAGISTRATE. ie AS THEY GIVE SOME AMMOUNT OF CHARITY TO WIFE INSPITE OF MENTAINENCE,AND SOME HUMILATING WORDS.
WHAT TO DO ? PLZ HELP.
.*. CAN WIFE MAKE A APPEL TO BUY THE METREMONIAL HOUSE AT MARKET RATE.
.*. CAN THE COURT MAY INSTRUCT THE HUSBAND AND FAMILY MEMBERS TO GIVE PREFFERNCE TO WIFE TO BUY METREMONIAL HOUSE DUE TO AN EMOTNIAL ATTACHMENT?(WHENEVER THEY SELL) (IS THERE ANY PROVISION FOR SUCH A MATTER)
.*. CAN WIFE FILE A SUIT AGAINST HUSBAND FOR USING ABBRASIVE WORDS AND HUMILATING HER IN PUBLIC?
.*. CAN THE COURT PUNISH THEM FOR NOT PAYING MENTAINENCE (IS IT A COTEMPT OF COURT)?
.*. CAN THE COURT INSTRUCT THE EMPLOYER OF HUSBAND TO DIRECTLY DEPOSITE THE AMMOUNT OF MENTAINENCE IN WIFEs ACCOUNT AFTER DEDUCTING THE SAME FROM SALARY.
yash
(Querist) 02 June 2014
PLZ HELP AND LET ME KNOW ABOUT ALL SUCH PROVISIONS RELATED TO ABOVE MATTER.
Devajyoti Barman
(Expert) 02 June 2014
Who is the owner of the house?
If husband is the owner of this house then wife can file interim petition to pass injunction against sale of the immovable assets including the house.
There is no need to buy this house.
Against derogatory words in public the wife can file suit for defamation.
Against non payment of maintenance warrant of arrest can be issued against the husband.
Ask your lawyer to act on these lines.
Guest
(Expert) 02 June 2014
Please inntimate what is your concern with the case?
Guest
(Expert) 02 June 2014
Barman ji,
With ref to your advice, I may point out, the querist has nowhere introduced himself as to how he is related to the case from wife's side. Since such cases are of sensitive in nature, so any advice of experts can be misused by any side, if the querist does not brief the experts properly before seeking any advice.
So, I wish, he must intimate in what way he is concerned with the wife's case?
Rajendra K Goyal
(Expert) 02 June 2014
Author, please reply the question raised by the expert PS Dhingra ji.
Shonee Kapoor
(Expert) 03 June 2014
:-) Dhingra Ji,
Most of the time, I don't see the name of the querist, as most people use psuedoname. Yash can be the name of a female as well.
Barman Ji has advised correctly in the circumstances.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor
Yahoogroups: http://groups.yahoo.com/group/sahodar
If you don't fight for what you want, don't cry for what you LOST.
Guest
(Expert) 03 June 2014
Dear Shonee,
Basis of your presumption is not understood that Yash, who happens to be a proprietor of some firm, can be the name of a female. I don't also find any compulsion for me to presume about the querist for expressing my views on his/her queries? I also wonder on your presumption, when the querist has not bothered to clarify his/her relation with the query for about 21 hours of my query, while your assumption is also after 17 hours, when the querist had ample time to clarify his/her position.
From his statement, "CAN THE COURT MAY INSTRUCT THE HUSBAND AND FAMILY MEMBERS TO GIVE PREFFERNCE TO WIFE TO BUY METREMONIAL HOUSE," I have my own doubt, as if he is merely interested in buying the property of the opposite party through his estranged wife and can be quite an unrelated person to the case.
Since DV and divorce cases are of sensitive nature, if someone other than the related person gets guidance on his quries, he can misuse that to cause enormous loss to any one of the affected person.
So, caution is a must in such matters on the part of the experts and are expected to get ensured that they are rendering their advice to the correct person or not, as harm is any party is caused due to advice to some wrong person, the credibility of the expert can become vulnerable. That is why, I preferred to make a suggestion to learned Devajyoti Barman.
But, if the experts still beieve to render their advice to any unconcerned person against the related persons, they are quite free to do so. But, so far as my principle is concerned, I don't prefer to render my views/opinions on any doubtful query merely by presuming him/her to be directly related person unless he/she makes a mention, how he/she is related to the case.
T. Kalaiselvan, Advocate
(Expert) 04 June 2014
Though I thought of giving my opinion to the author's query, since the author has failed to answer the query raised by expert Mr. Dhingra, as he rightly observed in his further opinion, I prefer to standby him by refraining myself from posting my opinion/advise to the author until he is replying back.
yash
(Querist) 11 June 2014
Sorry for my delayed repy.
I was out of town with my Family.
In The Above Case The Girl Is My Sister,
and as a part of relif the Court has given the Stay to Sell or Transfer the house.
Another case is also in process for 138Ni Act,as They have give a cheque against "STREEDHAN" which was dishounnered.
So They are Taking a Plee that a stay is their on matremonial house so they are unable to pay and if the court removes the stay they will arrange to pay the cheque ammount by selling the house.
but if the said house is sold RECOVERY of cheque is made but what about the case of DOMESTIC VIOLENCE?
HOW CAN WE TRACE THEM, WHAT ABOUT THE EMOTIONAL ATTACHMENT OF GIRL WITH HER FAMILY ,HUSBAND,MATTREMONIAL HOUSE?
yash
(Querist) 14 June 2014
plz help by giving your expert opinion.
yash
(Querist) 28 June 2014
Sorry for my delayed repy.
I was out of town with my Family.
In The Above Case The Girl Is My Sister,
and as a part of relif the Court has given the Stay to Sell or Transfer the house.
Another case is also in process for 138Ni Act,as They have give a cheque against "STREEDHAN" which was dishounnered.
So They are Taking a Plee that a stay is their on matremonial house so they are unable to pay and if the court removes the stay they will arrange to pay the cheque ammount by selling the house.
but if the said house is sold RECOVERY of cheque is made but what about the case of DOMESTIC VIOLENCE?
HOW CAN WE TRACE THEM, WHAT ABOUT THE EMOTIONAL ATTACHMENT OF GIRL WITH HER FAMILY ,HUSBAND,MATTREMONIAL HOUSE?
yash
(Querist) 11 July 2014
A CASE IS PENDING UNDER PWD ACT(PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE 2005).THE GIRL IN THE QUESTION IS MY SISTER.
MEANWILE THE INLAWS(HUSBAND AND HIS FAMILY MEMBERS) ARE PLANNING TO SELL METREMONIAL HOUSE AND TO SHIFT SOMEWERE ELSE.
SO THAT WE BECAME UNABLE TO TRACE THEM.
THEY ARE ALREADY NOT PAYING THE AMMOUNT OF MENTAINENCE AWARDED BY COURT AS AN INTERIM ORDER.
AND USED SOME WRONG WORDS IN COURT ROOM IN FRONT OF MAGISTRATE. ie AS THEY GIVE SOME AMMOUNT OF CHARITY TO WIFE INSPITE OF MENTAINENCE,AND SOME HUMILATING WORDS.
WHAT TO DO ? PLZ HELP.
.*. CAN WIFE MAKE A APPEL TO BUY THE METREMONIAL HOUSE AT MARKET RATE.
.*. CAN THE COURT MAY INSTRUCT THE HUSBAND AND FAMILY MEMBERS TO GIVE PREFFERNCE TO WIFE TO BUY METREMONIAL HOUSE DUE TO AN EMOTNIAL ATTACHMENT?(WHENEVER THEY SELL) (IS THERE ANY PROVISION FOR SUCH A MATTER)
.*. CAN WIFE FILE A SUIT AGAINST HUSBAND FOR USING ABBRASIVE WORDS AND HUMILATING HER IN PUBLIC?
.*. CAN THE COURT PUNISH THEM FOR NOT PAYING MENTAINENCE (IS IT A COTEMPT OF COURT)?
.*. CAN THE COURT INSTRUCT THE EMPLOYER OF HUSBAND TO DIRECTLY DEPOSITE THE AMMOUNT OF MENTAINENCE IN WIFEs ACCOUNT AFTER DEDUCTING THE SAME FROM SALARY.
V R SHROFF
(Expert) 11 July 2014
WHAT TO DO ? PLZ HELP.
.*. CAN WIFE MAKE A APPEL TO BUY THE METREMONIAL HOUSE AT MARKET RATE.
Ans: NO. ; BUT she can claim her residential right in mat home.
.*. CAN THE COURT MAY INSTRUCT THE HUSBAND AND FAMILY MEMBERS TO GIVE PREFFERNCE TO WIFE TO BUY METREMONIAL HOUSE DUE TO AN EMOTNIAL ATTACHMENT?(WHENEVER THEY SELL) (IS THERE ANY PROVISION FOR SUCH A MATTER)
Ans: yes, get STAY ORDER, NOT TO SELL TO THIRD PARTRY, SO GET COMPELLED TO SELL U.
.*. CAN WIFE FILE A SUIT AGAINST HUSBAND FOR USING ABBRASIVE WORDS AND HUMILATING HER IN PUBLIC?
Ans: yes [ BUT NOT RECOMMENDED. ]
.*. CAN THE COURT PUNISH THEM FOR NOT PAYING MENTAINENCE (IS IT A COTEMPT OF COURT)?
Ans: yes
.*. CAN THE COURT INSTRUCT THE EMPLOYER OF HUSBAND TO DIRECTLY DEPOSITE THE AMMOUNT OF MENTAINENCE IN WIFEs ACCOUNT AFTER DEDUCTING THE SAME FROM SALARY.
Ans: yes, thru court order on Execution Petition
Guest
(Expert) 11 July 2014
I endorse the vies of Shri V.R. Shroff with addition that the salary of husband is subject to attachment by court's order. But attachment of salary remains valid only for 24 months. After that period employer cannot be held respondible for deduction of the attached amount.
T. Kalaiselvan, Advocate
(Expert) 11 July 2014
I agree to the opinion about salary attachment, but that 24 months salary attachment will be sufficient enough to tide over the present crisis by the wife side, who in the meantime may think about other strategies for a permanent relief to the ensuing problems.
yash
(Querist) 12 July 2014
THANK's.FOR HELP AND YOUR VALUABLE SUGGESTION.
FOR RIGHT TO STAY IN HOUSE....
CAN INTERRIM ORDER OF COURT BE REVISED BY MAKING A APPLICATIONTO DO SO ?
HUMILATING IN PUBLIC.....IS ON RECORD.
AND MAGISTRATE HIMSELF TOLD THE PARENTS OF BOY TO CONTROLL HIM DUE TO HIS MISBEHAVIOR AND NATURE, SO CAN WE FILE ANOTHER SUIT OR MAKE A APPLICATION FOR PUNNISHING HIM FOR ABUSED WORDS ?
REGARDING INSTRUCTION TO EMPLOYER...... UNDER WHICH ACT CAN WE APPLY OR IS THEIR ANY RULLING OF SUPREME COURT FOR THIS ?
yash
(Querist) 21 July 2014
Plz let me know
yash
(Querist) 30 July 2014
THANK's.FOR HELP AND YOUR VALUABLE SUGGESTION.
FOR RIGHT TO STAY IN HOUSE....
CAN INTERRIM ORDER OF COURT BE REVISED BY MAKING A APPLICATION TO DO SO ?
HUMILATING IN PUBLIC.....IS ON RECORD.
AND MAGISTRATE HIMSELF TOLD THE PARENTS OF BOY TO CONTROLL HIM DUE TO HIS MISBEHAVIOR AND NATURE, SO CAN WE FILE ANOTHER SUIT OR MAKE A APPLICATION FOR PUNNISHING HIM FOR ABUSED WORDS ?
REGARDING INSTRUCTION TO EMPLOYER...... UNDER WHICH ACT CAN WE APPLY OR IS THEIR ANY RULLING OF SUPREME COURT FOR THIS ?
yash
(Querist) 11 August 2014
plz let me know.
