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SANKARAN.G. (supdt.)     27 June 2019

Cruelty

My niece got married to a person in 2013 who is an indian, working in Singapore.  After Marriage they went to Singapore.  From the day one, he was beating my niece. Somehow  it was pulling on  and in the mean time they had two kids.   one is 4 1/2 years and  the younger one is 20 months old.  Last year they went to Canada with PR status.  From that date it was bad from worse and  litterally she was in jail.  Bother mother and the Son were beating my niece blue and black everyday and this was not informed by niece that one day everything will be  alright.  Now situation has come to a level that  all of the landed in India 10 days back  and told my niece that we will start a new life after visiting South Indian Temples and brought her to India and abanded here .  Now, where is he? Nobody knows.  Suddenly a Divorce notice is  served to her under the Curelty.   But  actually it is otherwise.  Now My question before the learned advocates.

1. Can we book a compliant against him and his mother under anti-dowry as around 40 souverns were given during the Marriage.  

2. Can the compliant be made against him(Anti-dowry) and his mother on Harrasing, cruelty (as everything has happened not in india).

3. Since Divorce notice is served, will  the complain under Anti-dowry is tenable?  Any other important things i should  do now.  Your valubale suggestins are invited immediately as my Advocate will be coming only on 10.07.2019.



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 10 Replies

Suri.Sravan Kumar (senior)     27 June 2019

According to my opinion she can file case under Domestic violance. Before that let her consult local experienced Lawyer

SANKARAN.G. (supdt.)     28 June 2019

Experienced lawyer in which field? Can it be a criminal lawyer or the Family law lawyer?

P. Venu (Advocate)     04 July 2019

Where is the petition for divorce filed?

SANKARAN.G. (supdt.)     05 July 2019

Petittion filed in Chennai.  

P. Venu (Advocate)     05 July 2019

As such, the petition could be met on merits.

SANKARAN.G. (supdt.)     07 July 2019

 Sir   I had two opinions from two professional lawyers(on payment) and both are just opposite to each others views.  My  friend's friend are lawyers and i obtained them their advice and again  they differ.   I got the advice separately.  I am unable to go further.  My question is  though the Divorce filed on cruelty( He cannot prove  and it was other way around), it was not served through the Court.  If my niece goes   to Canada and the court notice will not received by her personally, it will be returned and  what will happen to the case?  It will be dismissed because the party is not in india?  or will it be given in favour of the other Person?  2.  Since the individual has dumped the wife and kids in India, cannot we complain to the Police Authorities as the Opinion  differs between  the lawyers?  

SANKARAN.G. (supdt.)     07 July 2019

Can I give a compliant against them  under Domestic Violence and is there any period for that?  Can the compliant be given only to the nearby Police Station or to the Commissioner of the Greater Chennai?  

 

 

P. Venu (Advocate)     07 July 2019

The facts posted are not consistent. What do you mean by that petition for divorce is filed in Chennai but the notice received is not through the Court? How could it be that his whereabouts are not known when, admittedly, he has filed a divorce petition?  No one can move a Court without disclosing his whereabouts.

SANKARAN.G. (supdt.)     07 July 2019

Notice has come from the Advcoate that  he has filed a Divorce notice and it was forwarded with out his address.  We have searched his house at Chrompet  where in they were not staying and he  is staying some where in the City Hotel.  Court notice has not come till now.  Probably in the court notice the address would have been his residence at Chrompet( I feel), but actually he is not residing there as we would have stormed his house with our relatives and  he wants to do everything stealthy.  I am sorry to say the Advocate is a big Politican and in his notice to my niece, he simply stated the petition being filed in the court with the court filing no. etc. but not with his address. 

 

 

SANKARAN.G. (supdt.)     07 July 2019

 Sir   The advocate is a big politician and he thrown a letter to my niece stating that his client wanted Divorce from her without mentioning the address, but with the case no registered in the court.  But Notice not received from the Court.  Probably i feel, in the court notice his address would have been the  address which is in Chrompet.  But from the date he landed in Chennai he has not stayed there (own house) and staying  somewhere in the city hotel and doing  things in stealthy manner.  Had he been there in his house at Chrompet, we would have stromed his house to get the justice.  Everything he is doing in a criminal way and doing stealthy.


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