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(Guest)

2 years after filing for divorce, DV act case, police harras

As stated in my previous queries I filed for divorce 2 years back, I was paying interim alimony to wife, but then as I was not able to pay that mch money we went for revision petition in high court which was rejected eventually and now we went for revision for second time result of which is yet to be known, in the meantime six months back wife filed DV act case and the judge gave exparte order for wife to be placed wherever I am staying even though knowing that I am staying at friends place such order was placed and judge also ordered issue of warrant for noncompliance of court order, but he also said that we can as well go for stay, so we approached high court again for stay, but then the high court lawyer told us that matter can be solved by sessions court itself so we went for stay in sessions court whose date is still yet to come.  in the meanwhile, wife and her parents went to commissioner asking for placement of her in my parents home wherein I am not staying at all, police took my parents for enquiry and later on gave report to court saying that I do not reside with parents, now before the sessions court date comes, wife and party went again to mahila police station lodged complaint against my parents that they have held me in captive and not letting me to join wife.

 

Given the circumstances that we have already gone for stay in sessions court, already paying interim alimony to wife, not having own accommodation to accommodate wife (wife falsely stated that she has been homeless as her parents have thrown her out of house but then eventually took all notices from high court and sessions court at parents home address), what can be done so that we can avoid police harassing my parents on a daily basis?

 

Please do reply.  Thanks in advance.



Learning

 9 Replies

shekhar (proietor)     15 December 2010

immidiately appoint good advocate.

shekhar (proietor)     15 December 2010

you should able to project your fact and finansial condition.  if cort orders to stay  with parent keep her and ask your parents to be cool.  if possible record her voice or take vidio by cc tv  of her behaviour if she behaves wrong you can give it to court as evidance.  this is my opinion. but consult to good lawyer. dont be loos in this matter

Saurabh..V (Law Consultant)     15 December 2010

@Sujoy

 

Yours is a complicated case. You need to appoint a good attorney who could project all your difficulties before the sessions court judge. As you said you do not have an accomodation of your own and do not earn anything either, the order of maintenance and the right of residence could not be claimed by your wife in the property of your parents.

 

Ancestral property is not a right of a wife, unless it has been given in will to the husband by his parents. In your case alimony in any form is not justified. Also the wife could claim only in your residence and not in your parent's property.

 

It seems to me that she had ulterior motives and is enticed by lawyers or her family to such act of violence by filing such cases. Case after case by a wife who is living seperately in itself is a proof of malice and tort. You should file a revision petition with a good advocate who could put forth the real facts and convince the High Court or Court of Sessions for your case.

 

 

//peace

/Saurabh.V

Arup (UNEMPLOYED)     16 December 2010

I am staying at friends place such order was placed and judge also ordered issue of warrant for noncompliance of court order, but he also said that we can as well go for stay, so we approached high court again for stay, but then the high court lawyer told us that matter can be solved by sessions court itself so we went for stay in sessions court whose date is still yet to come. 

change your hc lawyr. he not cooperating you.

staying at friends place - under this circumstances right to residence not appropriate.

right to residence applicable on your property only.


(Guest)

In my opinion, he would benefit in the first instance from having intraarticular Cortisone.  Having discussed the benefits and the risks of the procedure, I proceeded to inject him under full aseptic precautions of the mixture of Kenalog, Marcaine and Lignocaine.  Following this injection, he noticed almost instant relief of his symptoms.  It remains to be seen how long the symptom relief lasts for.  I have advised him ice packs for local application, elevation.  I have advised him to avoid excess activity but not bedrest.  I have advised him oral analgesia if need be.  I am confident that if the effects of these injections lasts for more than six to eight months, he might be a candidate for a repeat injection in the future.  If the pain relief from this injection is of temporary or extremely short duration, he might be a candidate for arthroscopy and washout in the future.

 

Thank you.


(Guest)

All that circus over, after she went to her parents place stating that she never wanted to get married to me, her parents bot her back and left and went, as a result while in the first place I was staying with my parents just after marriage had to move to new accommodation ie rented accommodation separately from my parents house, and then again she left saying she wants to go to parents house and never came back, this time again her parents forcefully brought her and left with me, in the meanwhile as she had gone off for nearly 6 months I vacated rented house and was staying at parents house, now second time she came then again I went for rented accommodation, so totally 3 times I have made houses for living, now again I really don’t have the will to take her back again as what you say to do video recording and all, all that is much more riskier now as she has already lodged complaint with mahila police station against my parents

stating that my parents have hidden me and not letting to live with me, for which police is coming daily to my parents house and harassing parents.  Please tell how to stop police harassment.

 

Thanks in advance.


(Guest)
Right to residence only against my property and not that of my parents property which is not a ancestral property but a self earned property. All facts and high court judgments and supreme court rulings have been quoted but still judge overlooked all those facts and simply gave exparte order that wife to be placed with police assistance wherever I am staying, not obeying such order will lead to issue of warrant the judge told, now my question is if such warrant is issued, as police came to my parents residence to inquire whether or not I stay there and finally took video statement of my parents that I do not live with them and submitted to judge, now judge is telling he issue warrant for non-compliance of court order and wife again went lodged complaint against my parents stating that my parents have hidden me and not letting to live with me, for which police is coming daily to my parents house and harassing parents. Please tell how to stop police harassment. Thanks in advance.

Renuka Gupta ( Gender Researcher )     16 December 2010

Something similar to this query was discussed at length in one of the past threads. I am not able to locate the link. If someone has it , it would be good to post it.

We would like to hear the opinions of some other advocates, because in the last thread which had similar query, opinions had differed widely...


(Guest)

Dear sir,

 

Please do help by guiding hw to get out of this mess.  If u have other related posts which can help, pleas post here.

 

Thanks in advance.


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