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PRAKASHCHANDRA MARU (lawyer)     26 September 2009

domestic violence

A MOHMEDDIAN LADY GOT MARRIED WITH THE SAME CASTE AND SHE LIVED ONLY TWO DAYS WITH HIM AFTER THE TWO DAYS THE UNCLE OF MALE PERSON CAME AND SENT A WOMAN HER HOME BY CONVEINCING THAT MY NEPHEW WILL MARRY WITH U AS PER MOHMEDDIAN CEREMONY WITH THE PRESENCE OF THE ALL PEOPLE MEANS AS PER THE RITES BUT AFTER THE PASSED SOME TIME A DECLARATION CAME ON THE LADY STATING THE DIVORCE TO HER NOTORISED DECLARATION STATING THE TALAK THREE TIME NOW I WOULD LIKE TO DOMESTIC REGARDING THE RIGHTS OF HER,LIKE SHARE OF HER ,MAINATANCE,RENT FOR THE ACCOMODATION,WHAT IS OTHER REMEDY PLS INFORM REGARDS



Learning

 5 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     26 September 2009

First she can claim her iddat and then other amount.

1 Like

K.C.Suresh (Advocate)     27 September 2009

Dear Prakash,

she can claim maintence and ask for protection to live under the same roof with Magistrates order and protection officer.  You can invoke the provisions of "The protection of women from domestic violence Act, 2005". The domestic violence is defined in S.3 that includes physical abuse, s*xual abuse, verbal and emotional abuse, economic abuse. Police officer s & Magistrates can take action u/s 5. She will get medical assistance u/s 7.  Any aggrieved person, the prottection officer or an interested peerson can appoacch the Magistartee to file an application to get relief under this Act vide section 12. The magistarte can give Protection order, residence order and monetory relief  as per ssctions. 18, 19 and 20 respectively.

Aproach a law book purchase a bare act and read it is easy to under stand the prrovisions. This law is a eye opener to all who deals the wife like cttles. Husbands should be carefull law protects the needy wife.

 

 

1 Like

(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE MATRIMONIAL MATTER KINDLY NOTE THAT

1.KINDLY COLLECT THE DOCUMENTS REGARDING THE MARRIAGE, INCLUDING MARRIAGE INVITATION CARD, MARRIAGE PHOTOS AND ANY OTHER DOCUMENTS THAT THE LADY WAS MARRIED TO THE PERSON. THE MARRIED WOMAN CAN CLAIM THE MAINTAINENCE FROM THE HUSBAND UNDER THE PROVISIONS OF CRIMINAL PROCEDURE CODE.SECTION 125  @ RS.1500/- PER MONTH FROM HER HUSBAND.

2. AS FAR AS DIVORCE IS CONCERNED ,KINDLY SEND THE EXACT DETAILS OF DATE OF MARRIAGE, PLACE S OF RESIDENCE OF MARRIED COUPLE AND  DETAILS ABOUT SECOND MARRIAGE.

3.KINDLY NOTE THAT IT IS A FACT THAT THE HUSBAND HAS RUINED THE LIFE OF THE BRIDE BY DIVORCING HER WITHIN 2 DAYS. HENCE THE BRIDE MAY  DENY THE DIVORCE ANDMAY  FILE A COMPLAINT UNDER SECTION 498 A OF CRIMINAL PROCEDURE CODE  AT THE POLICE STATION  AS THE CAUSE OF DISPUTE MAY BE DEMAND FOR MONEY FROM THE PARENTS OF BRIDE .

4. KINDLY NOTE THAT BOTH THE PARTIES WILL BE SUMMONED AT DIST SUPDT OFFICE AND  A SPECIAL CELL WILL TRY TO COMPROMISE THE MATTER .IN CASE MATTER IS NOT COMPROMISED BETWEEN HUSBAND AND WIFE THEN  THE CONCERNED POLICE STATION OFFICER WILL BE ORDERED TO REGISTER THE COMPLAINT UNDER SECTION 498 A OF THE CRIMINAL PROCEDURE CODE.

THESE ARE BRIEF SUGGESTIONS , KINDLY NOTE THAT IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI), ADVOCATE

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     27 September 2009

Fully agreed with Suresh and Nandkumar.

Sarvesh Kumar Sharma Advocate (Advocacy)     27 September 2009

agree with kamal and also other expert .

First she can claim her iddat and then other amount.

 


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