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pavan gahalot (software engineer)     21 April 2010

DV Case Help Needed

Hi We have filed DV Case against Homos*xulal  husband. They sent two notices to him but he rejected these notices. Now DV  office said us that they will do wireless and call  him and if he fails to come then they will give permission to us for filing 498 A against him.

But our lawyer said on the basis of that we can put a case in court for DV. I just wanted to know can we file DV case through Court. and what would be the actions Court would take against him......Plz help


 8 Replies

Vikas Dharmendra (Consultant)     21 April 2010

Why u want to this all unnecessary stuff, just talk him and get rid of him... you will waste u r time in doing this foolish things

bhagwat patil (Property due diligence 9422773303)     21 April 2010

don't go for 498 it will delay ur dv

pavan gahalot (software engineer)     21 April 2010

Earlier he was ready to give mutual divorce.....later on he came under influnce of lawyers and denied to do he had filed pitition for divorce in Family court and we also filed DV case,and interim maintenence petition in Court

kajal (house wife)     25 April 2010

 my husband is advocate working with mulla and mulla and also practicing at mumbai high marriage date is 9thjuly daughters birth 31st july 2009.from 19th aug 2009 i had to leave his house bcoz of his family's harrasment,torcher,since after marriage and removed me from his house .i am totally depending on my parents for basic needs .when i called him up he rufused from accepting me and my baby and from sending maintainance he has removed me from his house and he noted a nc at police station that i left my daughter and home he did not remove which case should i section 498 applicable.and how much maintainance can me n my baby get per month.plz give me some details about section 498 n domestic violence.will i have to prove his income for maintainance.and which case is applicable for my mother-in-law n sister-in-law as they are the root for my harassment. 

Bobby Mani T (Lawyer)     26 April 2010

Kajal you are on the right path, you have to file petition under domestic violance and 498 also maintenance udner 125 of crpc.  The petition for divorce and money suit for money and gold you have enntrusted with the husband and inlaws can be filed at a latter stage

Pankaj Mehta (Advocate)     27 April 2010

in my opinion kajal u should file a well drafted complaint under section 406, 498 A of ipc through local police station or court, against ur husband and ur other in laws, u should also file an application under section 125 of CR.p.c for maintenance along with prayer of interim maintenance, dont bother about the consequences, courts are too liberal for providing the right of maintenance to agrieved persons, approximately u can get two to four thousand per month as maintenance depending upon the source of income of ur husband and the evidence brought by the parties.  

Before doing all this think once about future of ur matrimonial life which can be breaked irrretrievably by starting this litigation, so try to solve this matter out of court firstly. 

Vikas Dharmendra (Consultant)     28 April 2010

Your husband is advocate in mumbai high court???.... talk him before doing time wastage stuff.. he will not think bad for you... DO not fight.... every bdoy will give you wrong advice of fight..... solve matters amicably...

Amol (Citizen of India)     06 June 2010

Any intervention or advise or ideas from any third party is going to be incorrect. You and your husband need to sit talk and come to a conclusion as to how you want to proceed further in life. No court no lawyer no law and no other third person can decide the future of your matrimonial life.

God bless!

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