Domestic violence

Dear, Yes it will amount to domestic violence as well as cruelty ... Kapil Chandna Adv 9899011450

First find out and do some research work about the rituals(vidhi) being asked to be followed, whether it is prevelent in the family/caste/society/religion or not? Then take a decision to proceed.

Anybody can file a case of Domestic violence with what so ever allegations one wants to put . Ultimately what matters is how would you prove the same with evidence in order to prove that domestic violence has taken place . 

what all you said you should prove with evidences to file any case against them 

because without evidences mere allegations thus sustain any strong base for your case

Dear Experts, please keep cool while advising anyone. Moto of advising to give morale support, help & to certain level of counselling especially in matrimonial issues. Keep doing good thing and put in effort to keep the couples unite by your advise and counselling.

Dear and Respected,

First of all thanks to all of you to advise me. At this stage I was needing tough [hard] advices because then only wrongdoers cannot escape punishment.

The views of Shri Jaikiran Nagwan is concerned though it is good and carried weight but in my case I can say that after crossing the level of counseling, etc., we referred this [family] matter to this Forum. And the my main motto of referring the family matter to this Forum was only to know the facts as to law aspects.

However while advising in last, we may put a word "you both first try to unite".

Thanks

sad  to knw tht still in this modern 21st century era people of this type of mindset exist. my intention is not to criticize their thinking bt to oppose their effort of forcefully  implemention of their thinking on others.

it is indeed very sad to knw and try to understand the trauma she has to go under::

usually this type of families r prone to b well knwn [as a joke] in society, circle fr their belief.

gold ring and raymond suit - nw a dys even LIG people willingly give it to their SIL. so ur SIL must aware of ur status. inspite he criticized, definately no one tolerate.

hv pity fr the girl who has to face reality of both side.

From a purely legal perspective, as was pointed out, it all boils down to what evidence you have. In the absence of any evidence, your allegations are just that... allegations which simply fade away by the time arguments are submitted. 

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So, lets come to the evidence part: You will need a disinterested witness who will submit an affidavit and stand for a cross-examination to support your allegations. Disinterested is different than uninterested. Disinterested is someone who has no interest in the case. Therefore, your parents, friends, relatives are ruled out. Of course, you can still bring them in as witnesses but their evidentiary value is weak.

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You can also provide written message, electronic or otherwise as evidence.

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You can drag the panditji to Court by filing an application to summon him as a witness. You can ask him all kinds of questions and get the truth from him by reminding him that if he is found to be making false statements under oath, you will initiate perjury charges.

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Now, regarding the 15 months separation, was it voluntary from your side? If so, you will need to prove that he made it impossible for you to live with him. Only then can the 15 months separation come to your aid. Again... evidence is needed.

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While seeking any legal advice, it is usually a good idea to state facts and then specify your objectives. Legal advice can then be given to enable you to reach that objective. Otherwise, you are going to attract vague responses.  In matrimonial matters, arriving at an objective and sticking to it is the most difficult part. Once you do that, the legal battle is easy. Have you decided on your objectives? Do you want divorce? Do you want to reconcile with him? Or do you just want revenge at any cost? Without pontificating on the approaches to be adopted, decide on your objectives and specify them clearly. Then you can get precise guidance. 

Shri Adv. Kapil,

your clear-cut answer gave me  inspiration. Thanks

Dear Samir, Stanley and Mahesh,

Thanks for precautionary steps for future so that wrongdoers can not escape punishment. I have a number of written message received from him sent via his own mobile number in this regard.Thanks

Respected Dr. Vashistaji

I respect you being elder.  Sir, I found out about the rituals(vidhi) that it is neither followed nor prevelent in the family/caste/society/religion.

This will certainly attract the provisions of Domestic violence act, you may proceed with the same.

Shri T. Kalaiselvan

Thanks.

 

And

to

All advisers

kindly acknowledge thanks from me.

Sirji,  

In WDV complaint as per sec.19(8) of the Act that women, amongst others, prayed for restoration of her ‘stridhan’ which contains various items including 8 items of gold. Further as per sec. 22 of the Act she prayed for Rs.15,00,000/- as compensation.

In ‘Interim application’ pending the disposal of main complaint, as per section 23 of the act amongst others she prayed for urgent restoration of 2 items of gold out of total 8 items because these 2 items of gold are urgently needed by her to perform religious functions and she prayed for Rs.2,00,000/- as emergent payment out of Rs.15,00,000/- as urgently required by her.

I want to know whether such prayers in ‘Interim application’ can deprive her from balance 6 items of gold and balance 13,00,000/- of compensation ?

Kindly guide me.

Desertion also amounts to Cruelty and you can file for Restitution of Conjugal Rights as well as under the Domestic Violence Act. You can also file for Maintenance under the Criminal Procedure Code.

@maskadvise - An interim application for part restoration of stridhan does not release the wife's rights on the balance amount of stridhan or compensation claimed.