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BJM_BJM_BJM (Service )     08 January 2011

Harassment ---

Learned Members ,

Pls Guide .

I have been thrown out of my house and I have pleaded before the DV court for residential orders.The case is still on and I havenot yer received any favourable orders.My husband is in Indian army and I have not been able to recieve any help from army also as they are with mu husband.

My husband is having an extramatrimonial affair with Captain since past three years .I donot have any proof to the same .I reported about the matter to the respected Commandants but htey said to produce the proof.I fortunately discovered through their mobile phones that they are talking daily over mobile for hours at midnight but the same I cannot legally produce . How to actually take out the records legally from the phone company .What can I do to stop this extramatrmonial affair in the legal frame work .This lady has ruined my life completely .

Pls Guide

Bharti



Learning

 2 Replies


(Guest)

Hello Bharti.... File a case for maintenance on your husband, that section 125 crpc. As you havebeen thrown out of your matrimonial house , and your husband is not interested to accept you back or he is not showing any interest in calling you back.  If you have good terms with his relatives, then try for mediation or councelling.

Call your husband, try to talk to him.  And if all this doesn't work, then you can register an FIR against your husband regarding his negligence towards you and your marriage. You can also ask police to take strict action and get the phone details and records from mobile company as a proof, which can help you. If you register FIR, you can say the police to help you to get the phone records.

All the best........


(Guest)

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

MOBILE.09960223100..,09271971251

e.mail.advocatesawantnb@yahoo.com

e.mail.nandkumarbs@sify.com

REGARDING EXTRAMARITAL RELATIONS OF YOUR HUSBAND  AND LEGAL REMEDY,KINDLY NOTE THAT

1.YOU MAY KINDLY SEND DETAILS RIGHT FROM THE DATE OF MARRIAGE AND PLACES WHERE THE COUPLE RESIDED AND AND RELIGION FOLLOWED BY HUSBAND AND WIFE AND BRIEF CAUSE OF THE DISPUTE.WILL SEND YOU DETAILED LEGAL REMEDY.

2STILL IN BRIEF, YOU MAY FILE A PRIVATE COMPLAINT AGAINST THE PERSON UNDER SEC.494 OF INDIAN PENAL CODE MENTIONING ALL FACTS.YOU HAVE ALREADY FILED DV ACT CASE BUT NO ACTION IS TAKEN .YOU MAY FILE A WRIT PETITION AND GET DIRECTIONS FOR EXPEDIATING THE SAME.

3.AS YOU ARE DOCTOR YOU HAVE TO MENTION WHETHER YOU ARE PRACTICING AND GETING SUFFICIENT INCOME YOU MAY FILE A CIVIL MATTER UNDER HINDU ADOPTIONS AND MAINTAINENCE ACT AND CLAIM MAINTAINENCE AS PER YOUR STANDARD OF LIVING FOR YOU AND YOUR MINOR KIDS IF ANY.

4.YOU MAY WRITE OR CALL AND SEND DETAILS WILL HELP YOU.GOOD LUCK.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS .WISH YOU ALL A VERY HAPPY AND PROSPEROUS NEW YEAR.GOOD LUCK.

YOURS SINCERELY

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

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