Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Tinney ( )     20 January 2017

Husband torturing physically mentally n having an affair

Hi One of my friends have been married for 18 years now n have 2 daughters (12 yr n 5 yr). Her husband wanted a son but God didn't give them and from then on his behavior changed. From last 2 years or so he is having an affair with some lady n is cheating my friend. From then on he is physically n mentally torturing her n his elder daughter regularly. He has another house n stays there from last yr or so , comes , fights with her on pity issues , beats n go. he has kept her younger daughter with him. When he wishes leaves her with her else takes her . That lady he is having an affair was working as employee/helper in his shop . My friend was trying to cope as it's difficult to live alone with daughters. She is a house wife. Please suggest what should she do ? We tried to pitch in family, he agreed to take her to place where he lives but then created situations that she had to come back to old house.


Learning

 18 Replies


(Guest)

I think she can file a Domestic Violence complaint and get various reliefs such as interim maintenance, protection orders and possibly child custody too because they are daughters. Usually it is always advisable to settle issues amicably instead of legally but this one seems out of hands and need legal protection.

Good luck.


(Guest)
Originally posted by : Tinney
Hi
One of my friends have been married for 18 years now n have 2 daughters (12 yr n 5 yr). Her husband wanted a son but God didn't give them and from then on his behavior changed. From last 2 years or so he is having an affair with some lady n is cheating my friend. From then on he is physically n mentally torturing her n his elder daughter regularly. He has another house n stays there from last yr or so , comes , fights with her on pity issues , beats n go. he has kept her younger daughter with him. When he wishes leaves her with her else takes her . That lady he is having an affair was working as employee/helper in his shop .
My friend was trying to cope as it's difficult to live alone with daughters. She is a house wife. Please suggest what should she do ? We tried to pitch in family, he agreed to take her to place where he lives but then created situations that she had to come back to old house.

Whats it in for you?  Why do you have to do all this?  You will just be risking yourself and also the people that you are supposedly involved with.  Stay away from all this.  Ask the lady to contact a advocate.

1 Like

Kumar Doab (FIN)     20 January 2017

The lady may try to involve  elders of the family, well wishers, and all may try to convince her husband that it is his seed that give birth to son or daughter.

A doctor can also help.

With Doctor's (Gynecologist’s) help she can give birth to a son.

Provided, the lady and her husband agree, to one more child in the family.

Or they can adopt.

Professional counseling may also fetch results.

 

The lady can certainly seek advise from an advocate also and start building irrefutable evidence. 

HIRAL THAKKAR (ADVOCATE )     20 January 2017

File for domestic violence.

(Guest)

Ms. Tinney,

Mr. Kumar Doab has rendered quite an illegal advice.

With reference to the advice of Mr. Kumar Doab, "With Doctor's (Gynecologist’s) help she can give birth to a son," it would be justified, if you ask him about the particulars of that specific gynecologist, who halps ladies give birth to sons only.

You can imagine, how a petty finance executive in some petty organization, who is faceless (without photo) with fake ID and absence of his location in his profile, can be expected to give some reliable advice?

Even if you ask him to reveal his real identity with photo in his profile, you can try, as usual like other several requests, he won't oblige you.


 

(Guest)

I disagree that legal help is useless. DV is a powerful tool. Immediate orders for protection, custody, and maintenance are given, without paying any court fees by a govt appointed protection officer. 

Surely amicable settlement of matters is advisable, but that is obviously not always possible. If everything can be settled thus, there is no need of courts. The country is stable because of judiciary functioning reasonably effectively.

The author (hopefully honestly) has given enough facts to support filing of DV immediately. A person who beats his wife, takes daughters to another woman's home with whom he is having an affair etc. surely needs to be restrained.

 

 

Tinney ( )     22 January 2017

Thanks all for the help. Can she file DV or police complaint at the place(different city) where her parents stay or it has to be in the same city ?

Also for filing a case , can it be done in a different place (city/state) where parents are or it has to be in the city where she is now ?

She has never collected any evidences of physical torture , though she had called 100 once but police came and left her husband with a warning .

 


(Guest)

Place can be parental place or matriminial place, but evidenc of DV is a must, if she wants to file a case. Otherwise, a futile struggle can be expected on her part. However evidence of calling `100 can also help to some extent.

 

Lonely_Guy   22 January 2017

Originally posted by : Helping Hand !
Whats it in for you?  Why do you have to do all this?  You will just be risking yourself and also the people that you are supposedly involved with.  Stay away from all this.  Ask the lady to contact a advocate.

Free well wishers like this put poison in other marriage.

Tinney ( )     31 January 2017

Thanks again. Request you to please suggest me a good experienced lawyer for this in Ludhiana n delhi

Tinney ( )     31 January 2017

Thanks again. Can someone please suggest a good experienced lawyer for this in Ludhiana and Delhi?

Ganesh Nair (Employed)     01 February 2017

I really liked the answers of Sarma. Very impartial. Simply because tormented men are more, that does not mean that tormenting men are not there.  Keep it up . Really good answers.

And Mr. Dingra's answer to Kumar Doab is fantastic. I really wonder why men like him write what they write.  Mr.kumar Doab, Here people are desperately seeking remedies here, legal or otherwise. Please do not mock them.


(Guest)

Dear Mr. Iyer,

You have rightly analysed the answers. In fact, if you make a review of posts of Mr. Kumar Doab even randomly, you will find that he would have made even more than 90% of vague, misleading, sidetracking, illogical and irrelevant advice. He seemed to have been encouraged much to write whatever he wanted to, when he had not so far been challenged by any one since he opened an account at LCI. Of course, the position of the querists is vulnerable to ask any such question to pinpoint the highly objectionable misleading advice due tho their own dilema of already being hard pressed with their problems. They would be struggling to find some solution to their problems out of the advice of others, if not from the advice of Mr. Doab.

His another trick is to make multiple posts against a single query to make the querist more confused and the fun is that he claims to have made highly illustrated advice, while the fact is that he prefers to make multiple appearances to make others believe as if he is the expert of experts, while he posts some google searched junk material, which would have some semblence with the query, but without having any understanding about the legal implication of such material.

But, when I detected that the person is doing more harm to the persons facing problems, I tried to point out to him to which his response was in the shape of abuses and abuses only for me. Then suddenly, I cvould realise that his profile does not have his real identity, photo and even place of his location. That may be the other reason for his courage that nobody would be able to detect, who is the gentleman that have been befooling people for the last about 7 years.

A few of the glaring examples of his MOST misleading, distracting and vague advice are given below for your information, where Mr. Kumar Doab tried to make the problems much complicated by side-tracking the issues to give quite different directions.

FOR EXAMPLE Mr. Kumar Doab confused the authors of a problem pertaining to "wife's share to property" but loaded with his HUNDREDS OF PAGES of google searched irrelevant junk material consisting of amendment of Goa Educational Rules AND an Act of succession AFTER DEATH of the owner, while the person was still alive. You may like to see that by opening the link: https://www.lawyersclubindia.com/experts/Wife-s-right-to-share-in-property-in-Goa--626526.asp 

A question arises, when the problem did not have even a remote concern with education in Goa, for what purpose that link was provided?

ANOTHER EXAMPLE can be seen in the problem of the author concerned with “purchased property without sale deed”, but Mr. Kumar Doab gave the colour of adverse possession due to that even the experts could get misled and concentrated their advice about adverse possession of the property. The same can be seen at the link: https://www.lawyersclubindia.com/experts/Notary-land-documents-625956.asp

STILL ANOTHER EXAMPLE can be seen from the following link, where Mr. Kumar Doab tried to confuse a querist with several contradictory and vague advice when he asked a question how to tackle the problem where people are threatening the family and how to transfer the property in to their name, as those persons possess No. of cheques issued by his deceased father in lieu of some personal debts: https://www.lawyersclubindia.com/forum/details.asp?mod_id=145740&offset=3

There are several such type of examples where he used to misguide and confuse the members with his wrong advice in order to lure them to make them diverted to some of his favourite lawyers, probably to earn some commission.

The irony is, when pointed out he started abusing me profusely.

The fun is that when he was asked to post his real ID, photo and the place of location, instead of quoting any reason for avoiding posting his real identity, he preferred to became more abusive. Whosoever points him about posting of his real ID, he gets only abuses from him. A recent glaring example of which is also placed below, where even a QUERIST questioned him, his blunt reply to him was, "Mind your own affairs,"AND ALSO THAT his "decisions will be last, final, and binding and it shall continue to remain my decision, how and why and when I will do what." You can find his reply at the following thread:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=146455&offset=2

You can very well understand that if a person claims to be an expert, he should not have felt the need to hide himself. Probability of a person, posing as an expert, but hiding himself can be on account of the following reasons:

  • Either he can be a criminal; OR
  • A fraud; OR
  • Cannot be an expert, but only be acting as a tout of some lawyers on commission basis to first to confuse the person struggling with a problem by making his problem more and more complicated, then recommending him about any one of the lawyer for whom he may be working on commission basis.

Kumar Doab (FIN)     02 February 2017

Dear LCI Querist @ Ms. Tinney,

 

You can find both doctors and Lawyers at both locations; Ludhiana and Delhi.

Or as alrady posted:

They can adopt. Professional counseling may also fetch results.   

The lady can certainly seek advice from an advocate also and start building irrefutable evidence.

Both doctors (Gynecologist ) and Lawyers can answer respective questions pertaining to their fields and give their respective: Yes and NO to you.

 

Dhingra is:

Neither Doctor/Hakim/Vaidya::::  Leave apart a Gynecologist.

Nor a Lawyer 

Nor his firm that he advertises is a law Firm

So the list of specialties that he has advertised is just to allure unsuspecting querists by posing as some

 “ Jackaal of All Trades"

 

His earlier advertisement started with:

" Kya Aap Preshaan hain" 

 

like the quacks ( e.g; Khaandani Sexologist) advertisement on the walls of Bathrooms/Toilets/latrines/Railway stations/Bus Stands and quacks do advertise for " Guaranteed Birth of a Son" ( 52 years experience) { Beta Paida Karne ka "Shartiya Ilaaz":::: 52 years ka Tazurbaa}.............

 

You must seen it.

It got exposed so he ran and rushed to change it.

 

Now he has changed it, in shrude and crude manner.

Finally you are saved from falling in his trap.

Or you must have been allured for guarantee for birth of a son (by a quack not a Gynecologist) and to wing your case ( by a quack not a Lawyer)

 

And he must earned his cut.


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