Clarifications on important divorce laws....

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.

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

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  ???

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).

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.

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.

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 ?