Please help
Sandeep Nair
(Querist) 18 December 2012
This query is : Resolved
Let me start with you all. I’m recently married within 7-months of marriage, there were quarrels but it use to subside We did not investigate about her neither her parents/family, eventually one of her aunt stays at Hyderabad her daughter called my office spoke with my Manager like how I`m working, etc? Then we both used to talk over phone and finally married (hell).
One day she went to her native place without informing us and her aunt who stays near her place called us and told were is she, we told she deliberately left home that night at 10:45 pm my father received message from her “I`m going to my native place take care” after few days she along with her father and her aunt came to our place took transfer all her belongings and her gold ornaments, she did not inform us that she transferred her job. After 2.5 months she replied from her lawyer that we are demanding money, asking her for money, etc, and also to purchase flat if she is allowed to stay with us. After Marriage she used to speak over phone with someone when I asked her to whom you are talking she replied to her parents, one day I took the phone from her and she was speaking with some Boy .She said he is my office colleague and that Boy is asking me please take care of her she is good (who the hell is he?)
I started going to her email I was surprised that she used to chat with so many Boys with 5-6 months before marriage she says to one boy “why can`t you come to our house” and “my parents wants to see you and also her parents are interested in that boy” there were many chat`s which I’ve seen from her email, are these not proofs? Please explain
Now, she says she is mentally not well and she says to pay her one bedroom at her native place, 180 grams of Gold, her maintenance 15,000 INR or 10,000 INR.Truth is she already took our gold when she left our place.
Sir- I`ve taken loan for my marriage she and her parents knows this, however we do have her call details for her when she used to stay with us at that time we applied to Police to know whereabouts the telephone number as she used to receive late night (but she does not whether we applied to Police for her telephone numbers whereabouts). She also wrote email to my sister what she has done she is sorry for this and also to me saying she is sorry for her actions and her behavior towards me and my parents.
Now at this situation I`ve again taken loan as our lawyer was saying (is this is correct) so that my earnings will be under her expectations and moreover my father is retired and mother is house wife they both are dependent on me.However, she and her family members has registered a case towards me and my parents Domestic Violence Act. I’ve been to several websites which says if Wife is working she cannot demand money is this is true (how far this is true) and in what cases court will support us, because on the paper from which was replied from her lawyer it clearly says she is working . Does court needs evidence then in what grounds is my lawyer enough to support us and how does this divorce will work our here?
As far Interim- Maintenance is concerned I cannot pay her maintenance after deductions I need to take care of my mother as she is suffering from sugar and also my father retired without any income.
1) We do have her evidence in her writing and signed by her without any force from our-end she wrote email to my sister what she has done she is sorry for this and also to me saying she is sorry for her actions and her behavior towards me and my parents and from today you are free.
2) She used to receive midnight ph calls many times she used to speak with someone and other day she used to tell me/parents that she(I) is receiving ph calls late night, then we lodged a GD with police(without informing her), however Telephone Call list came after some months when she left from our place. Can this be proof saying that this girl is bad in her character?
3) We do have her recordings and when her parents came to our place saying she does not want to stay with me also her mother said the same in-front of everyone and this is been recorded. When She took her belongings this is been recorded also.
4) When we went to Court for our First Hearing she was coming towards me and about to hold my arms in the court. I was running literally I went away from her and when I spoke all these things to my lawyer he replied maybe they need to compromise if compromise I do not need that girl, can this be Mutual Divorce.
5) My Lawyer says as we`ve telephone call list and this is be approved from RTI, and he is planning to keep this case in Trial and it may prolong too, any suggestions please( as I `m not interested in Trial)
Please do answer me in points
Raj Kumar Makkad
(Expert) 18 December 2012
After going through your detailed facts, I have come to the conclusion that the mutual trust which is the base of any married life had never developed between you and your wife resulting thereby you both are in courts.
It is better to settle the matter mutually and file MCD. Your wife is already working and earning good salary so she is not entitled for the grant of any amount of maintenance and ornaments she has already taken with her so matter can be got solved easily with the intervention of some respectable persons. Trial shall definitely take a long time. Your parents need not to attend DV case personally.
RAJU O.F.,
(Expert) 19 December 2012
Don't search further the websites for your remeady. Please contact a lawyer who is practicing in family courts.
ajay sethi
(Expert) 19 December 2012
go for divorce by MCD . if your wife is working she wont get maintenance . you have not mentioned her qualidfcations and how much she is earning .
since you have engaged a lawyer trust him . he will do the needful
Sandeep Nair
(Querist) 19 December 2012
Dear Sir,
Can you please tell what is Trial and how long it takes to get divorce and what are the proceedings any example will work for me
Ajay to answer you,regarding her qualification she is PG in Insurance
but she has changed her career line before marraige and she is working as "Accountant"
Her earnings is 10000 she showed me when she was staying with me and now she says her earnings has decearsed, how is it possible
I`ve a question if someone gets promotion,will their salary increases/decreases?
In,this case her salary increased when she flew from her native place to our place and again when she left our place.
In MCD how can I do and what are the proceedings,who needs to initiate?please advice.
Any suggestions please will be more helpful
Raj Kumar Makkad
(Expert) 19 December 2012
Trial means proceeding of the case and generally divorce cases if contested, do take a time of 2-3 years.
MCD means mutual divorce petition to be filed jointly by both parties after reaching to any agreement and such type of case take only a period of about 6 months in taking divorce.
Raj Kumar Makkad
(Expert) 19 December 2012
Trial means proceeding of the case and generally divorce cases if contested, do take a time of 2-3 years.
MCD means mutual divorce petition to be filed jointly by both parties after reaching to any agreement and such type of case take only a period of about 6 months in taking divorce.
You can very well prove the income of your wife and in the light of given facts, she is not entitled for the grant of any maintenance.
Sandeep Nair
(Querist) 09 January 2013
Hi All,
Can you all please suggest me here, is
recording is evidence in domestic violence case.
1) Recording like she does want to stay with me.
2) She along with her mother has said in front of everyone i.e all of my family members, she does not want to stay with me
3) Last question, can we also prove she used to make/receive phone calls late
4) For phone calls can we use RTI
5) Can I initiate Divorce Case pararel , as domestic violence is going and how long this domestic violence case will go any months.
Please let me know you all in points? Your help is much needed?
Sandeep Nair
(Querist) 10 January 2013
Please any one provide guidance me here, would be much appreciated.
Raj Kumar Makkad
(Expert) 10 January 2013
Recording if made as per evidence act then can definitely is maintainable and phone calls details can be obtained by summoning the record of the concerned mobile company. There is no legal hurdle to initiate divorce petition simultaneously to the DV case. Generally DV case may take a time of about 2 years in disposal.
Sandeep Nair
(Querist) 29 January 2013
Dear Sir,
Now that we have telephone details, even our lawyer says it is mandate to get it stamped as per legal way.
1) So infront of me he called
Cyber Crime and Cyber Crime person said from which Police Station they have issued they are supposed to get it stamped, but our lawyer is saying he`ll write a letter to DCP Commissioner (I`m not getting this anything) when they have issued telephone list from the Police Station our bad luck Police Computer was going for repair, but eventaully Police persons said they we come their everyday for telephone so they gave it later on we came to know it`s of no use, becasue on the telephone list their is no stamp
2) Now my date is next week and our lawyer still did not get telephone list stamped.
I`m scared and Court gave last date is on next week,
why our lawyer did not get it stamped?is our lawyer is in collaboration with their lawyer? Now this is Aruguments the first date and court gave this as last date?
3) Our Lawyer is draging this case, We`ve so many proofs like she wrote she does not to stay with me in her own writing,etc, her recordings,etc.Then why our lawyer is not getting this stamp.
4) When I told him can I apply for a divorce now, he says if you apply now, without wining DV Case, you will be supposed to pay maintenance amout, which I cannot pay,As I`m the only earning for my family
5)Now our lawyer says he needs 20,000 INR because he needs to stay in Hotel.I`m ready to pay his up and down but I cannot pay his hotel fees.
Any help please, can I see any other lawyer, what if our lawyer tells to their if at all I change my lawyer.
Please,please,please...
Sandeep Nair
(Querist) 29 January 2013
Any help please, can I see any other lawyer, what if our lawyer tells to their if at all about our moves like our plans can I change my lawyer.
Please,please,please..
Raj Kumar Makkad
(Expert) 29 January 2013
You can change your lawyer as much times as you like subject to getting NOC from the previous lawyers though this provision is not hard and fast.
Sandeep Nair
(Querist) 29 January 2013
Dear Sir,
Now that we have telephone details, even our lawyer says it is mandate to get it stamped as per legal way.
1) So infront of me he called
Cyber Crime and Cyber Crime person said from which Police Station they have issued they are supposed to get it stamped, but our lawyer is saying he`ll write a letter to DCP Commissioner (I`m not getting this anything) when they have issued telephone list from the Police Station our bad luck Police Computer was going for repair, but eventaully Police persons said they we come their everyday for telephone so they gave it later on we came to know it`s of no use, becasue on the telephone list their is no stamp
2) Now my date is next week and our lawyer still did not get telephone list stamped.
I`m scared and Court gave last date is on next week,
why our lawyer did not get it stamped?is our lawyer is in collaboration with their lawyer? Now this is Aruguments the first date and court gave this as last date?
3) Our Lawyer is draging this case, We`ve so many proofs like she wrote she does not to stay with me in her own writing,etc, her recordings,etc.Then why our lawyer is not getting this stamp.
4) When I told him can I apply for a divorce now, he says if you apply now, without wining DV Case, you will be supposed to pay maintenance amout, which I cannot pay,As I`m the only earning for my family
5)Now our lawyer says he needs 20,000 INR because he needs to stay in Hotel.I`m ready to pay his up and down but I cannot pay his hotel fees.
within how many days I canget NOC and from where?
Please,please,please...
Sandeep Nair
(Querist) 30 January 2013
Dear Sir,
Now that we have telephone details, even our lawyer says it is mandate to get it stamped as per legal way.
1) So infront of me he called
Cyber Crime and Cyber Crime person said from which Police Station they have issued they are supposed to get it stamped, but our lawyer is saying he`ll write a letter to DCP Commissioner (I`m not getting this anything) when they have issued telephone list from the Police Station our bad luck Police Computer was going for repair, but eventaully Police persons said they we come their everyday for telephone so they gave it later on we came to know it`s of no use, becasue on the telephone list their is no stamp
2) Now my date is next week and our lawyer still did not get telephone list stamped.
I`m scared and Court gave last date is on next week,
why our lawyer did not get it stamped?is our lawyer is in collaboration with their lawyer? Now this is Aruguments the first date and court gave this as last date?
3) Our Lawyer is draging this case, We`ve so many proofs like she wrote she does not to stay with me in her own writing,etc, her recordings,etc.Then why our lawyer is not getting this stamp.
4) When I told him can I apply for a divorce now, he says if you apply now, without wining DV Case, you will be supposed to pay maintenance amout, which I cannot pay,As I`m the only earning for my family
5)Now our lawyer says he needs 20,000 INR because he needs to stay in Hotel.I`m ready to pay his up and down but I cannot pay his hotel fees.
within how many days I canget NOC and from where?
Please,please,please...
Can I have an answer please
Sandeep Nair
(Querist) 30 January 2013
Can I have answer please for my above questions,please
V R SHROFF
(Expert) 30 January 2013
""is our lawyer is in collaboration with their lawyer?""
"Can this be proof saying that this girl is bad in her character?"
The moment you Doubt your Lawyer, or your Wife, Just Change it.
NO TRUST= NO LOVE THAT RELATION IF KEPT ALIVE CAUSES DANGEROUS RESULT.
.TRUST LOVE & HARMONY WORKS..
MANY CLIENT START DOUBTING THEIR ADVOCATE.
6th Sense suggest, who believe you, and who have no trust.
Even God Helps those, who have full trust in God.
You being doubtful natured, and don't want to pay for your Advocates expenses like his residential hotels, He is residing in Hoitel for your case, not for his pleasure. It is your duty to provide expenses incurred for your case.
yr Please,please,please... may not work .
You yourself may be the cause of all trouble, developed by you...That too within few months of marriage!!
Trust & Love others, it re bounce.
Hate and doubt also re bounces , spoiling relationship. Choice is yours.
You are guided at great length by above experts. Do not use this Expert sites only to double check your Advocate.
We here will not comment on other Advocate engaged by you. It goes against Professional code of conduct.
How much to absorb and use it, depends upon you.
Sandeep Nair
(Querist) 30 January 2013
Respected Shroff,
I didnot blame anybody, nothing is coming what I`m thinking, if hurted to you all, then I`m sorry for this, nothing is intention.
Can you answer me on below points:-
1) So in front of me he called
Cyber Crime and Cyber Crime person said from which Police Station they have issued they are supposed to get it stamped, but our lawyer is saying he`ll write a letter to DCP Commissioner (I`m not getting this anything) when they have issued telephone list from the Police Station our bad luck Police Computer was going for repair, but eventually Police persons said they we come their everyday for telephone so they gave it later on we came to know it`s of no use, because on the telephone list their is no stamp
2) Now my date is next week and our lawyer still did not get telephone list stamped.
I`m scared and Court gave last date is on next week
V R SHROFF
(Expert) 30 January 2013
You / yr adv can ask for Adjournment for a month to receive Phone List. It will be allowed by court in the interest of justice,
However, any List or doc have to be proved by examining the author of Doc/ Tel List.
Stamp alone do not work .
Unless opp Adv given opportunity to examine it, it cannot be read in evidence. It is not proved fact till then.
Sandeep Nair
(Querist) 30 January 2013
ok thank you sir and your saying suspension from this case for a period of 1 month. Can you tell me, as to why opp Advocate is given opportunity to examine,it is allowed by court in the interest of justice.
or can I tell my lawyer to approach their lawyer for MCD,any idea? how much they will charge.
We do have her proof she wrote in her own writing, she will go-away from my life,is this is proof of evidence.
Her recordings
mahendrakumar
(Expert) 31 January 2013
dear sandeed,
you have got lot of help and guidance from this forum.
it seems that you do not believe anyone.
a case can go on for any number of years,depending upon the expertise of the concerned lawyers and clients.
so I feel,you should take local help and guidance,as a virtual forum like this has some limitations,in solving issues like yours.
Raj Kumar Makkad
(Expert) 31 January 2013
We have no reply of your entire questions which do not relate with law like how much he shall charge. Why don't you put these questions to the relevant persons?
Do you think that your lawyer is most busy person whereas we all are free just for you without any charge?
Sandeep Nair
(Querist) 10 February 2013
thank you all I was asking questions from my thought.
Thank you all of you for your valuable feedback.
