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Darshan Shah / 09892727182 (Private Investigator)     14 September 2014

Divorce matter

Hello everybody,

Please help. A woman is filing for divorce on the ground of cruelty. Her husband has various residential and commercial properties, in some she has a joint name. The total value of these properties is around 2.5 CR. Her husband does nothing but his income is around 55 thousand monthly that is in the form of rent from these properties. Some amount from the rent is collected in cash by the husband. They have a son of 15 years.

 Now if the woman files for divorce and domestic violence, then what is the maintenance she can get for herself and the son and under what sections?

Also guide what amount she can claim and get out of these properties and under what section?

Her husband also has an extra marital affair and he has confessed that in front of her, wife also has certain bills of the purchasing done by her husband for his paramour. But just on the basis of these shopping bills can she also file for divorce on the grounds of her husband having an affair? 



Learning

 4 Replies

laxmi kant joshi (instructor)     14 September 2014

You can file domestic violence case under various section of dv act , file maintenance for yourself and for your son u/s 125 crpc , submit the proof of his properties / address of his properties and his approx income before the court to calculate the maintenance amount , on the ground of domestic violence you can file divorce in the family court u/s 13(1)(i-a) of hindu marriage act ,on considering it a mental cruelty upon you , you cannot prove his extra marital affair on the basis of bills against gifts .

(Guest)

I think the above replier is something lack of his inner thoughts. what I have noticed in his most of the replies that he doesnt interpret the querist actual motive and zest of his query. He simply jumps to give what he knows in limitation.

 

Reasoning:

 

1. In this particular query a disguise person is eager to grab the properties and income of an imaginary man.

 

2. In this query the question put under envelope of private investigator, I dont know what kind of investigation he/she is doing here.

 

3. The querist simply mentioned divorce filed on cruelty and started to elaborate the imaginary husbands and properties, his income. What does this suggest....I bet every sane expert would smell the wrong intention of the querist.

 

4. Nowadays unscrupulos women have adopted an umbrella of disguised names of males to ask these type of lust full queries.

 

5. Most of the times what I have noticed the person become third person in disguise inspite of he or she is the first person in asking his or her own query which should be stopped on this very forum.

 

Note: Giving answers to any query is not a big deal here on this free forum even a 10 year old 5th std. Student can also write his own answers if he is user friendly with internet ,but it doesnt mean that a matured replier should not utilize his or her brain to annalyse the query as well as querist mens rea.

 

 

Issued in the wellfare of lawyers club India legal platform.

 

ESIS

Darshan Shah / 09892727182 (Private Investigator)     16 September 2014

Dear Mr. Activist. Let me introduce myself. I'm a private investigator by profession. This is my friend's case. I have not mentioned more detains of my friend to safeguard her identity. The query I have made is a genuine and no false information is provided. We have already exposed her husband's affair and he has also confessed the same but I know that it is not possible to prove the same in the court. Hence have asked for help. 

Soman (Dy Manager)     16 September 2014

The woman with the help of her friends or hired help has already cornered a man. He confessed !!!

The query is not to help a family or a lady, but merely to grab money. She intends to file divorce, searching for masala like DV from which maximum property and maintenance can be squeezed.

Salutes ESIS, you have rightly deduced the intention.


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