Saat phere liya hai janab ney toh saat case to banata hai itana crib kyu kartey hai janab abhi shant baidhney ka !
1 Can she claim interim child custody in DV - As child custody case has just been filed and her section 97 is dismissed?
Yes, DV Act is flexible enough grant interim custody to either party if applied based on merits of the case. Contest stating retain status quo as child with you.
2 Can she claim interim maintenance in DV - as she did not file it for about a year in crpc 125, now she has filed there as well as in DV
Yes, not only under DV she is within her rights to file under HMA as well as HAMA maint. suit to complete the package deal of a couples marriage ! What is new here legally ?
3 Can she claim 2 lac compensation with bald allegation of physician and mental torture and demand of dowry?
Abhi 2 L se suru kiya hai which is matter of trial so that is the minimum she has asked you to think now. Allegations are matter of trial so this award will decided once witness cross examinations are over.
4 Can she claim streedhan in DV - considering that she has also filed 406 recently.
Yes, she has rights under this Act to claim for stridhan considering at the time of making final Order under DV Act application of mind can include stridhan too i.e. DV Act is all women oriented Acts rolled into one ACT hai ! See below list of women’s specific legislation ** and my dear DV Act has ingredients picked from all these from below list believe me and I am open to challenge by any ld. person here onthis count……
5 Isnt't is the case of res-judikata (I am not aware about the exact word).
No, since no court has tried and passed an Order to that effect till date so how come it will come under res-judicta !
6 My father's name has been removed from 498a chargsheet, only me and my brother's name are there in chargsheet....then can we add me and my father (instead of brother) as respondent in DV?
Oh yes, do you have a family pet (dog or fish in your drawing room aquarium kya bole toh) so I have seen a case from Mumbai where family’s dog has been named as respondent 7 it is quoted fully in one of my earlier postings of say 6 months before check and feel comfortable to now kick out family’s dog before the poor soul is arrayed as respondent no….. after your father / brother / sister / mother.
I would be eagrly waiting for your reply friends and I am in deep depression due to all these cases and behaviour of my wife (7 cases - without any single material evidence...its really the height of harassment).
HEIGHT of innocence (should I share with you college days HEIGHT joke kya…) is only visible from Delhi’s Qutab Minar not in Gujarat is my opinion as you have only one revolving restaurant in Ahmedabad on some HEIGHT (Neelkant Patang I think it is called…cheers have a lovely family meal there with our ladla Kushan Vyas, Adv. and relax once wife files more than half dozen cases husband side should relax because after this she has exhausted all her Aces….she has relieved your tensions of counter cases)
BTW, now start investing into purchasing 7 book shelfs as each case will be voluminous and you need soon space to store away case papers / reference materials.
All the best
** Laws Related to Women
WOMEN-SPECIFIC LEGISLATIONS
1. The Immoral Traffic (Prevention) Act, 1956
2. The Dowry Prohibition Act, 1961 (28 of 1961)
3. The Indecent Representation of Women (Prohibition) Act, 1986
4. The Commission of Sati (Prevention) Act, 1987 (3 of 1988)
5. Protection of Women from Domestic Violence Act, 2005
WOMEN-RELATED LEGISLATIONS
1. The Guardians and Wards Act
2. Indian Penal Code, 1860
3. The Indian Christian Marriage Act, 1872 (15 of 1872)
4. The Married Women's Property Act, 1874 (3 of 1874)
5. The Workmen's Compensation Act, 1923
6. The Child Marriage Restraint Act, 1929 (19 of 1929)
7. The Muslim Personal Law (Shariat) Application Act, 1937
8. The Minimum Wages Act
9. The Employees' State Insurance Act, 1948
10. The Payments of Wages Act, 1936
11. The Plantation Labour Act, 1951
12. The Cinematograph Act, 1952
13. The Special Marriage Act, 1954
14. The Hindu Marriage Act, 1955 (28 of 1989)
15. The Hindu Adoptions & Maintenance Act, 1956
16. The Hindu Minority & Guardianship Act, 1956
17. The Hindu Succession Act, 1956
18. The Maternity Benefit Act, 1961 (53 of 1961)
19. The Beedi & Cigar Workers (Conditions of Employment) Act, 1966
20. The Foreign Marriage Act, 1969 (33 of 1969)
21. The Indian Divorce Act, 1969 (4 of 1969)
22. The Medical Termination of Pregnancy Act, 1971 (34 of 1971)
23. Code of Criminal Procedure, 1973
24. The Bonded Labour System (Abolition) Act, 1979
25. The Equal Remuneration Act, 1976
26. The Contract Labour (Regulation & Abolition) Act, 1970
27. The Inter-State Migrant Workmen (Regulation of Employment and
Conditions of Service) Act, 1979
28. The Family Courts Act, 1984
29. Juvenile Justice Act, 2000
30. The Child Labour (Prohibition & Regulation) Act
31. National Commission for Women Act, 1990 (20 of 1990)
32. The Factories Act, 1948
33. The Indian Evidence Act, 1872 (yet to be reviewed)
34. Employers Liabilities Act 1938
35. Mental Health Act
36. The Pre-Natal Diagnostic Techniques (Regulation and Prevention of misuse) Act 1994
37. The Trade Unions Act 1926
38. The Mines Act 1952
39. The Protection of Civil Rights Act 1955
40. The Muslim women Protection of Rights on Dowry Act 1986
41. The Protection of Human Rights Act
Aur janab fir bhi wife kahati hai ki mere liye sarkar ney kutch nahi kiya……yeh bhi sahi hai
