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DATT K   26 May 2016

Complaint

Wife has been shunted out by husband and mother-in-law from her matrimonial home. Husband is not ready to give permission to her to enter his house in spite of several requests and due to which wife is residing in her parents home. Husband is also giving mental harassment over phone and during relatives meetings. General opinion is to Lodge a Complaint against them. Please advise, which option will be best Complaint to Local Police Station Complaint to CAW Complaint to Family Counselling Centre (registered)


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 27 Replies

Advocate Bhartesh goyal (advocate)     26 May 2016

Wife should file complaint under the provisions of domestic violence act before judicial magistrate court

Kumar Doab (FIN)     26 May 2016

 

Repeated Query;

https://www.lawyersclubindia.com/experts/stay-600121.asp

The query has been discussed in detail.

 

DATT K   26 May 2016

Doab Ji,

You have posted as follows on the Forum Repeated Query; https://www.lawyersclubindia.com/experts/stay-600121.asp The query has been discussed in detail.

Also, you have posted given reference of this query in the "Expert Column". 

 

PLEASE TELL YOU HAVE TERMED THIS QUERY AS REPEATED QUERY

 

In the Expert Column,  opinion was sought about visiting Husband's place. It was clearly mentioned  there that 'BUT WE DO NOT WANT TO LODGE ANY COMPLAINT". On the basis of opinion there that Complaint be lodged, a query has been raised at this Forum about which option will be best out of the following for Complaint:

Complaint to Local Police Station

Complaint to CAW

Complaint to Family Counselling Centre (registered)

 

 

Kumar Doab (FIN)     26 May 2016

IT HAS BEEN TERMED SINCE IT IS!

ALL EXPERTS/MEMBERS ARE WISE ENOUGH AND COMPETENT TO POST THE APPROPRIATE AND SUITABLE REPLIES.

MERE POSTING A QUERY DOES NOT VEST ANY RIGHT WITH ANY QUERIST AT ANY FORUM LEAVE APART LCI, TO FETCH REPLIES FROM ANYONE.

YOU HAVE BEEN PROVIDED WITH LONG AND EXHAUSTIVE REPLIES, WITHOUT ANY COST TO YOU.

REST IS UPTO YOU. 

MAY YOU SUCCEED IN YOUR EFFORTS AND BENEFIT FROM THE DETAILED SUGGESTIONS.

THANKS FOR CLOSING THE THREAD.

 

https://www.lawyersclubindia.com/experts/Stay-600121.asp

 

 

DATT K   26 May 2016

IT HAS BEEN TERMED SINCE IT IS! ??????????????? How. Two queries are different.

 

ALL EXPERTS/MEMBERS ARE WISE ENOUGH AND COMPETENT TO POST THE APPROPRIATE AND SUITABLE REPLIES. MERE POSTING A QUERY DOES NOT VEST ANY RIGHT WITH ANY QUERIST AT ANY FORUM LEAVE APART LCI, TO FETCH REPLIES FROM ANYONE.

 

You may be right but terming a query as 'Repeated query", which in fact is not, does affect getting suggestions of experts/other persons.

 

YOU HAVE BEEN PROVIDED WITH LONG AND EXHAUSTIVE REPLIES, WITHOUT ANY COST TO YOU. REST IS UPTO YOU.

 

Exhaustive replies?????????????????? without any cost?????

Kumar Doab (FIN)     26 May 2016

There is no change in our response.

NO reply to anything ending with?????????????????????????

At Delhi you can engage counsels par excellence.

 

ALL EXPERTS/MEMBERS ARE WISE ENOUGH AND COMPETENT TO POST THE APPROPRIATE AND SUITABLE REPLIES.

MERE POSTING A QUERY DOES NOT VEST ANY RIGHT WITH ANY QUERIST AT ANY FORUM LEAVE APART LCI, TO FETCH REPLIES FROM ANYONE.

YOU HAVE BEEN PROVIDED WITH LONG AND EXHAUSTIVE REPLIES, WITHOUT ANY COST TO YOU.
 

THANKS FOR CLOSING THE THREAD.

 

Other thread by querist at:

https://www.lawyersclubindia.com/experts/Stay-600121.asp

 

may also be referred.

 

 

DATT K   26 May 2016

LET OTHERS DECIDE WHETHER QUERY AT THIS "FORUM" WILL BE CALLED A REPEATED QUERY AFTER GOING THROUGH EARLIER QUERY AT "EXPERTS' COLUMN"

Kumar Doab (FIN)     26 May 2016

YOU ARE NO ONE AND NOBODY TO DECIDE IT AND ALSO WHAT AN EXPERT/MEMBER SHALL DECIDE.

YOU HAVE HAVE POSTED A QUERY AND GOT FITTING RESPONSE.

REMAIN CONTENT AND THANKFUL THAT YOU GOT FREE RESPONSE AND CORRECT RESPONSE.

BEYOND THIS REFRAIN FROM UNNECCESSARILY STRETCHING THE THREAD.

 

Dana Kayoni (Expert Humanitarian and Lawyer)     26 May 2016

Originally posted by : DATT K
Wife has been shunted out by husband and mother-in-law from her matrimonial home. Husband is not ready to give permission to her to enter his house in spite of several requests and due to which wife is residing in her parents home. Husband is also giving mental harassment over phone and during relatives meetings. General opinion is to Lodge a Complaint against them. Please advise, which option will be best

Complaint to Local Police Station

Complaint to CAW

Complaint to Family Counselling Centre (registered)

File RCR petition.

File private Complaint against husband and mother in law and his entire family under Protection of women and domestic violence act 2005, u/s 12 to 32.  Filing this, your sister can go and stay in her husband house with police protection.  Court will order.

File application seeking interim alimony u/s 24 HMA

File applicatoin seeking permanent maintenance u/s 125 crpc

If he does not listen to you or your sister  warn to File 498a and also 377 ipc. against everybody in their family. and then eventually file it anyway.

You can call me for further advice.

 


(Guest)
  1. Are you sure wife wants to go back to husband?
  2. If he is harassing and torturing then why she wants to live with him?
  3. If she goes back under court order, there is guranteed to be further bitterness and eventual breakdown of marriage.
  4. Try to resolve matter amicably. If no way forward then apply for mutual divorce claim maintenance or one time alimony from husband and move on with life. 
  5. DV and 125 cases may be filed but never have I seen any matrimonial relationship fixed by filing such case, it invariably ends in divorce. 

DATT K   27 May 2016

Thanks very much Dear Experts TGK REDDY JI, BHARTESH GOYAL JI, KUMAR DOAB JI, DANA KAYONI JI AND AUTOHIDE 147 JI.

 

Autohide Ji 147, You have rightly questioned “ Are you sure wife wants to go back to husband?” ANSWER IS ‘YES’ That is why following query was raised earlier on Experts column.

 

We live in Delhi at a place which is at the border of Haryana . My sister was married 8 months ago at a place in Haryana, which is about half an hour journey from our house. Mother-in-law and Husband started treating her very badly in the beginning itself. Three months back, she came to Delhi with her mother-in-law and husband but due to some arguments they left her on the way and she had to come to my house. Since then, she is residing with me and they are not ready to take her home and openly say that she may lodge complaint against them BUT WE DO NOT WANT TO LODGE ANY COMPLAINT. In case we lodge a Complaint, relations in any case will be deteriorated. Our problem is that over telephone, they do not talk properly. The husband does not reply to any e-mails. They do not want to keep a meeting with their and our relatives. They put blame for every thing on my sister and are not ready to listen in the matter.

 

Her all belongings, even small things, are lying there.

 

My sister wants to go to her home on her own and has decided that she will stay there during the day and will come back in the evening to my place even if they do not talk to her. She will come back in the evening as she will carry food with her only for the day. In this way, she wants to prove that she wants to have good relations with them. May be after some time,they may take pity on her.

 

In this regard, your expert opinion is requested on the following

 

1. As a lot to time has passed, can she on her own go there and stay there during the day and come back in the evening.

 

2. What options are available with her in-laws to prevent her from doing so

Mrs. Bakshi (Social Studies Reader/Worker)     27 May 2016

Sir,

 

I agree with above advice in given circumstances.

"File RCR petition.

File private Complaint against husband and mother in law and his entire family under Protection of women and domestic violence act 2005, u/s 12 to 32.  Filing this, your sister can go and stay in her husband house with police protection.  Court will order."

 

Dont delay.

1 Like

DATT K   27 May 2016

Man is by birth so cheap? 

 

Is it a question or a Comment?

 

Although question mark at the end indicates it is a question.

Dr Martin Campbell (Doctor)     27 May 2016

Replies by Shri TGK Reddi can be called sarcastic.

 

The querist has to understand, there are no much options for thw women than waht has been suggestd by above repliers. Though I dont suggest filing DV case and getting police protection to get entry into husbands house, what else option is there?

 

Or the old option of falling to feet of husband and his parents in front of public is always there, which can be used.  Tht might successfully help in melting minds of the husband and his parents.

 

This time if she gets entry, then ask her not to screw up.


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