Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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PRAKASHCHANDRA MARU (lawyer)     05 February 2010

domestic violence

hello all learned experts

today i got the  maintance case at the  side of the  applicant  from the  other  lawyer  for the  discussion  in the  said case  the applicant  demanded the maintance of her and  her 4 children in the  reply of the  defendat  the defence came  that  the opponent is unable to provide any kind of the  maintantnce because of from the  child hood he is  mental opponent  lawyer  put many  documents  with the connection of the  doctors bill and  certificate stating that the  defendant is  mental  and  also given application for the  not to examination of the  defendant  and  hence  court granted  the  the application of the  defendant  for the not examine of the  defendatnt  now  i enter in the  said  case i would like  to examine the  said  opponent  because  i observed the  behaviour of the defendant   what i shoul do and  another thing is  if  opponent is  mental  how it is  possible to get  childrens  and  another thing is that  in the  middle of the  case the  joint  purssis passsed  for the compromise  bwtween the  applicant and  defendant and  court  recorded the said  pursis  but the judge transfeered  now  anothe r  question is  that if  he is not  able to maintain his  wife  then lady is  entitle to get maintance  form her  father in law ?


 5 Replies

Adv Amit Kulkarni (Advocate)     05 February 2010

of course, she is entitles to get maitainance from her father in law, if she has any property under matrimonial nature then u can claim it to the extent of her share.

1 Like

Arvind Singh Chauhan (advocate)     06 February 2010

Sir I think ,Unless doctore who issued the certificate is not examined he can not be declared mental. Application should be filed for his examination. if the application is rejected  revision can be filed aginst the order.

1 Like

sunil pagare (lawyer)     06 February 2010

It is the duty of the opponant to prove his case,mere filing of documents i.e. medical certificates are not sufficient.One more question is arise that if the person is mental  ill how he can engage a lawyer & sign the pursis. arvind sir is right examine the doctor & find out the truth. If  the opponant really  mental ill,& both are belongsto hindu community she can claim maintanance from her father in law

1 Like

subhash kumar (advocate)     06 February 2010

if the matrimonial house is in the name of the father in law can be stayed and better to call the doctor issued the certificate to examine . definately win the case

1 Like

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     06 February 2010

Performing marriage by alleged mental person, his giving birth to 4 children, his taking part in the court proceedings, his appointment to lawyer, his taking part in the general discussion etc. definitely create much doubt what his counsel is claiming.


It shall be better if an application is moved to refer such person before duly constituted medical board which shall in depth perform all necessary tests and shall make its final opinion.

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