Civil Procedure Code (CPC)

Divorce & DV Act

zz

Husband filed divorce on cruelty grounds. Wife retaliated with 498A/406 application; DV Act. Now, the DV act proves 2 be a strange weapon to deal with. A person deep down in false crminal cases against u seeks residential rights with u with protection orders!!

How is it possible to reside wid such spouse with whom u r praying divorce on cruelty grounds in courts & she submitting 498a/406 charges against u. It is easy to fight with the enemy if u r placed distantly from her rather than she sitting upon ur head with a stick!! What is the remedy in such a scene. In case she succeeds in DV, does law consider the fact that cruelty ground divorce is still pending & placing them togather will harm the parties further. Any remedy?

 
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For justice and dignity

If you are rich,is it possible to live in another house(if u have an additional one),and let the wife live in matrimonial home?u may give an excuse that its nearer to ur office.

Or seek a transfer in your job,so that you are transferred in a new city,while ur wife continues in matrimonial home.

 

the cases,meanwhile can be handled by a genuine honest lawyer,who comes on ur behalf.

 

 

let others too present their opinions.

 
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Senior Partner

@ Author

There is method to face such illogical overlapping Acts demands and appeasement by respected application of mind people out there;

1. Ever heard of a "civil restraining” / 'injunction application' ? People who are hit in above post situation needs to file immediately a restraining application to protect their property.  The main charm of DV is not maint or quick remedy of maint. it is “lovely property rights” all in 60 days flat !


2. What will be the alternate remedy granted in such restraining applications by Court?. A simple remedy is provide her 'alternate accommodation'. But you saved your sweet bottom na and would not have come running to premium LCI Family Law forum to seek a remedy :-)))))


3. Third way out is to agree to her coming back in same ‘shared household’ and for your legal safety install 24 Hrs. CCTV and for her safety entire Judiciary 24 Hrs. hai na………....people who donot know how to do this can only comment on this advise referring to IE Act and Art.(s) of COI. Com’n a lawful rights exercised by one person over another lawful exercise of opponent exercising the same is 'cross case' and is  all valid under the eyes of Law respectively.


BTW,
If a lady's privacy is big issue for her side then kya husband ki koi privacy nahi hoti hai kya inn halato mei?………....soncho jara aab COI key dayere mei rah kar…………........abhi to koi legal issue baat hi nahi kiya mainey is post mei! AAb koi abala kya divorce aur 498a upper se DV bhi daal kar yeh kahegi ki nahi ji mai toh wahi ussi ghar mei rahungi.....kya husband bakara samjha hai ki sabhi Law ka misuse karkey kaho ja balak aab sucide kar ley apaney maata pita key saath. Koi kanoon hai ki sirf yehi chalega ameer yah/aur garib gharaney ki lady ke liye!


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Self Employed

Originally posted by :tajobsindia
"
BTW, If a lady's privacy is big issue for her side then kya husband ki koi privacy nahi hoti hai kya inn halato mei?………....soncho jara aab COI key dayere mei rah kar…………........abhi to koi legal issue baat hi nahi kiya mainey is post mei! AAb koi abala kya divorce aur 498a upper se DV bhi daal kar yeh kahegi ki nahi ji mai toh wahi ussi ghar mei rahungi.....kya husband bakara samjha hai ki sabhi Law ka misuse karkey kaho ja balak aab sucide kar ley apaney maata pita key saath. Koi kanoon hai ki sirf yehi chalega ameer yah/aur garib gharaney ki lady ke liye!
"

 

 

 

 

Itna mat dimaag pe zor daalo taj ji.Ki aapki topi bhi utar gayi.

Kyu tension lete ho?

Lagta hai aaj aap bird watching ke lie nahi gaye.

 
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Consultant

U MAY ask for injunction, but u may require u to pay her rental of an equivalent place under DV act.

 
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zz

@ Roshni!

Its very difficult to compromise wid job as well as house if u shift ur city when u r already ruined by 498A/406 DV.

@Tojob

1. Ever heard of a "civil restraining” / 'injunction application' ? People who are hit in above post situation needs to file immediately a restraining application to protect their property.  The main charm of DV is not maint or quick remedy of maint. it is “lovely property rights” all in 60 days flat !
U got the point. All is due to property greed. My query for injunction:

1) What is detail procedure of getting it? Especially how fast is the process?

2) Is it not so - that 'protection orders' of DV are superceeding all other civil court's orders?
3) Is it possible that injuntion petition fails? In that case may it backfire also? (girl saying that now ur injunction prayer failed at court, I have liberty to come 2 ur residence)
2. What will be the alternate remedy granted in such restraining applications by Court?. A simple remedy is provide her 'alternate accommodation'. But you saved your sweet bottom na and would not have come running to premium LCI Family Law forum to seek a remedy :-)))))
If DV residence orders favour the gir,l can v pray at that point that v r ready to give her alternate accomodation? Or v have to apply 4 revision?

 
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zz

Hello Mates!

Plz respond to the query 2 help me out!

 
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