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rising up again (FFF)     31 October 2014

Clarifications on important divorce laws....

Hi all.... Some questions have been taking rounds in this forum and still very confused about the same.... hence expect lawyers to clarify and help.....

 

1. LAW SAYS - THE WIFE DOES NOT HAVE ANY SHARE IN HUSBAND'S PROPERTY. (atleast now, till the law is passed). Then what to do when the wife takes a stay on husband’s properties from court so that he cannot sell off your assets ? Can the husband get these orders revoked ? When there is no law to give wife a share on husband’s properties, why does the court put a stay on his properties ??

 

2. LAW SAYS - AUDIO EVIDENCES TO BE GIVEN IN THE RECORDING DEVICE. Does this mean, if we have a recording device, we cannot save the recordings in other devices ?? What if the husband/wife save any conversation in a recording device / spycam / mobile phone and then transfer data to another external storage device. Will those recordings not be considered as evidence ?? ALSO, IF COMPARED - DO VIDEO RECORDINGS BY CCTV HAVE MORE OR SAME WEIGHTAGE AS EVIDENCES THAN AUDIO RECORDINGS ? also, IS THERE A WAY OUT TO FIND HOW OLD A CLIP IS BY JUST PRESENTING IT IN THE COURT IN A DVD ? WILL THAT BE ACCEPTABLE AS EVIDENCE IF THE RECORDING DEVICE IS NOT SUBMITTED ?

 

 

3. LAW SAYS - CUSTODY OF CHILD IS GIVEN TO THE PARENT WHO CAN TAKE BEST CARE OF THE CHILD. What are the parameters of considering which parent can take care of the child much more and in a better way ? If the father takes care of all expenses of the child - education, tuitions, clothing, outings, games, etc etc..... and the wife only is a tutor for the child. The 8 yr old child is very close to the father than his mother ? Then who may win the battle of custody ??? Does the more earning / well settled / bright future with father....considered for the custody of the child ??

 

 

4. LAW SAYS – DOMESTIC VIOLENCE IS PUNISHABLE. What if the wife has been hitting the husband and the husband has few related police complaints copies and MLC’s (from govt. hospitals of getting wounds/ bites /scratches etc) of those incidences ? If proved, Can the wife be punished ? Will it help the husband getting divorce easily ?

 

 

5. DOES LAW SAY ANYTHING – IF THE WIFE KEEPS SPOILING HUSBANDS REPUTATION BY GOING TO THE BALCONY AND START SHOUTING or DO NOT ALLOW GUESTS TO ENTER HIS HOUSE or THREATEN HIM TO GO TO HIS OFFICE AND CREATE A SCENE THERE or ABUSE THE FAMILY AND COLLEAGUES OF HUSBAND. WHAT CAN THE HUSBAND DO ?? JUST KEEP LOOKING AT HER DOING ALL THE NON-SENSE ??? CAN HE JUST NOT APPLY SOME POWER TO STOP HER TO PUSH HER INSIDE HOUSE OR MAYBE SHUT HER MOUTH ?? If the husband does this trying to save his reputation, still will he be deemed responsible for getting physical and charged for domestic violence ?

 

 

Please do reply to all questions separately….am sure these will help many thousands on this forum.



Learning

 9 Replies

harrassed (SE)     01 November 2014

Thanks 'rising up again' for asking these questions. I'm looking forward for replies for some of the questions.

Getting expert answers for the questions will be really helpful.


(Guest)
Thanks for these questions. I am waiting for someone to respond.

(Guest)
Thanks for these questions. I am waiting for someone to respond.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 November 2014

1. Law does not say that wife has no interest in husband's property. The new law which was in the pipeline gives share of property (Which amounts to ownership rights), which is different than the limit right of residence as envisaged under PWDVA, 2005. The limited interest is different than share. In PWDVA, 2005, the duty is cast upon husband to provide a place to reside to the woman, and not give her ownership rights. 

 

2. The law related to admissibility of Digitial Evidence and Audio Recordings in India are well settled. Please google and read articles on the same. FSL can find out whether any editing are done and recently SC gave a judgment to ascertain about tele-conversations. CCTV; if they can capture audio would be more credible as you would yourself believe more so.

 

3. Law says that in custody matters, "the welfare of the child is of paramount consideration", but whatever you have stated can be countered by the other party. And hence are questions which can be ascertained after the evidence is led. Also, there may be other things which can play in the mind of court. Past criminal record could be one such thing.

 

4. Law regarding Domestic Violence protects women as of now in India. If there are any wounds/ scratches given by wife to husband, it can be covered under IPC and not domestic violence act.

 

5. All these can be reasons for divorce, but there can not be any injunction against it.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com

rising up again (FFF)     02 November 2014

SHONEEE JI....ZINDABAD........!!

 

 

thanks a ton for ur time to reply on the query......... plz reply to further small queries on the same.......!!! 

 

 

1. Law does not say that wife has no interest in husband's property. The new law which was in the pipeline gives share of property (Which amounts to ownership rights), which is different than the limit right of residence as envisaged under PWDVA, 2005. The limited interest is different than share. In PWDVA, 2005, the duty is cast upon husband to provide aplace to reside to the woman, and not give her ownership rights.   BUT if the husband has 3-4 properties, can a stay order be implied on "ALL properties" ???  and can husband not get the orders revoked... if he proves that needs funds and "have to" sell the property ??

 

 

2. The law related to admissibility of Digitial Evidence and Audio Recordings in India are well settled. Please google and read articles on the same. FSL can find out whether any editing are done and recently SC gave a judgment to ascertain about tele-conversations. CCTV; if they can capture audio would be more credible as you would yourself believe more so.  More than the editing done in recordings, can the audio recordings etc not be intentionally done by building up a scene and making the other party go angry and then record him ??? ALSO, if the video has all audio with it, is it supercede every other recording ???  The video recordings show all incidences of fights etc by wife and how it started and ended. 

 

3. Law says that in custody matters, "the welfare of the child is of paramount consideration", but whatever you have stated can be countered by the other party. And hence are questions which can be ascertained after the evidence is led. Also, there may be other things which can play in the mind of court. Past criminal record could be one such thing.   Would the CCTV recordings of father son - love relationship help in court ?? Can the father present the videos of the kid playing / loving him....and show that the child is closely attached to him. Will this help ? what else may help.. to get custody ?? plz advice.....

 

4. Law regarding Domestic Violence protects women as of now in India. If there are any wounds/ scratches given by wife to husband, it can be covered under IPC and not domestic violence act.  Then can the husband file a FIR against wife after 10 months...and the last big  violence has happened almost 10 months back..... ? Is there any time duration to file a FIR. He has all papers - MLC and police complaint. What else, can be done against her ... plz advice.......

 

5. All these can be reasons for divorce, but there can not be any injunction against it.   In any circumstance......If the husband agrees in court to give the wife a separate rented accomodation, can she be asked to leave husband's house and stay in that house ???  Can this be possible, if husbands shows that his life is in danger because of the wife ???  or any other idea, plzzz  ???

SuperHero (Manager)     03 November 2014

Good questions and Legal questions..... Only Lawyers can help and members can share there experiences.....

There are 1 - 1000+ reasons for divorce.....But one reason to stay together (Love, Mutual Trust and Respect).

rising up again (FFF)     05 November 2014

EXPERTS.....................where are you ???? 

 

Got appreciation on asking good questions but only one reply... from shonee ji. Can others plz take out time to reply and benefit all...

 

 

thanks......in anticipation.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 November 2014

Clarifications only.

 

1. Stay can be obtained and revoked by the courts on all/ particular properties as the situation may demand.

 

2. The context of recording is equally important. 

 

3. Yes; it would help. But this can not be the sole thing in your favor.

 

4. Yes or No, depending upon whether MLC was there or not.

 

5. Yes; it is possible. Read Eveneet Kaur Judgment of Delhi High Court.

 

Regards,
1 Like

rising up again (FFF)     05 November 2014

Shonee ji, 

 

In the case reffered by you............... Eveneet Kaur v/s Prashant Chaudhari.......................the husband does not own the house and hence its easy to make the wife leave that house. But in my case,  the properties are in husbands name.....   So, now is it possible to get the wife leave the house on the same reasoning and also to sell of the properties...as and when required. Is the stay easily revokable ? 


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