learned advocates pls help me out

plz attach scanned copy of complained filed funder DV Act.. yes you can use all those docs in court, it will go in your favour, she can claim property rights from her parents too..

1.  is she eligible to get a share in her father's property?

>>> Yes, she is eligible provided that the property is ancestral property.

2. can she ask for a share in the property made by her father?

>>> If it is her father's self acquired property, she has no right, but her father can decide to give or not.

3.   can she ask for a share in her ancestral properties?

>>> Yes, she has equal share if her ancestral property is not already partioned earlier and partition deed registered before Dec 20, 2005. 

4. i have won rcr from her so what relief can i actually obtain under order of rule 32 if she is not coming back to me .

>>> As I understand "rcr" means restitution of conjugal rights. If the honorable court has ordered "Restitutution of conjugal rights" under Sec 9, Hindu Marriage Act 1955 and if she doesnt join you even after one year of RCR, then you can apply for divorce under Sec 13(1), HMA 1955 for desertion. For this, she should have deserted you for a period of 2 yrs immediately preceeding the application for divorce. 

5. she has filed DV act on me and court has granted 4000/- as maintenance. she has said that she is in helpless condition in her parents home and has accussed me of harassing her ina ll possible way(whereas i loved her more than a six months old child as she has polio in her right leg since she was of 7 yrs but our's is a runaway love marriage and she is being misled by her family as we are from different caste, stste and traditions and her family is rich where as i am just a job holder). she has hidden a insurance from the court whose premium is approx 40k per year. how can i use this to my advantage? i actually want her back but now in the misleading of her family she is badly wanting divorce from me.

>>> If both of you want divorce, you can apply for "Divorce by mutual consent" under Sec 13B of HMA 1955. For this, you both should be living separately (Physically/Mentally), both agree that you cannot live together and both consent for mutual divorce.

6. i never took any money from her or her parents but she ahs accussed me for a lot of dowry and requested the court to pass orders  to get her stridhan back but is it possible.(she had not brought a single paise from her house at the time of marriage).

>>> There is a possibility that you may be booked under IPC Sec  498A, if she or her blood relatives complain to police against you. You may have to contact a lawyer in the place you both have last lived together or in the place where your marriage took place for guidance.

Regds,

Vish

dear learned avocates and friends, i am gratefull for all the guidance that you have enlightened me with. i want to put some more things in light for getting your more valuable ideas.

1. i do not have any knowledge about her ancestral property? is there any way as to how can i find out about it?pls suggest me some ways.

2. her family is a joint family. in any case all her family and her uncles, aunty, cousins stay together while the food is cooked separately of each family but i believe that there has been no division and they are still a joint family. so can you tell me the exact meaning of the word - ancestral property and how can i apply it effectively in my RCR of hindu marriage act.

3. she wants or rather her whole family wants to take divorce yet they do not file for divorce and are blackmailing me with this DVC case and when i approach them for mediation they do not listen to me. they say that they want to do compromise but in their compromise they are asking for divorce along with my all savings, household articles, huge amount of money etc etc and if i fulfill their demands then i will be left with only the clothes i will be wearing at that instance of divorce. now if i am approaching them then this is what they want me to do so that i will have to agree to any condition that they will set. how can i overcome this situation?

4. i do want to give divorce but i do not wnat it this way. pls suggest me some ways so that i can save my earning and my savings also. do i have to give anything to my wife if she gives me divorce? because she always expresses my earnings 4-5 times greater than my actual earning.

dear samar sir, i beg your pardon but i did not understand what you have said here. do you want me to post the scanned copy of the DV act complaint which my wife has filed against me?

 i do not have any documents of her insurance. i just asked some of my friends to find out about it and one of my friends gave me information about her insurance . how and where will this information be the most usefull for me?

sir, we last lived together in andhra pradesh and we had done our marriage in orissa whereas the girl is from gujarat. where will this 498 A take place if it is filed and where will be it's jurisdiction. one of my counsel has told me that they will not file 498 A as it will become a harassment for them itself. is this fact relevent in this matter?

Vinod,

If you are already getting help from your council, pls. trust him/her and go ahead with his suggestions. Otherwise, you will complicate the matter. Few points below and I will rest my case here.

1. You have no rights in her ancestral property and finding out her ancestral property has got nothing to do with your problem.

2. The maintenance will be fixed as per honoroble court's discretion. It varies from case to case. Generally, it is 1/5th of husband's income after IT and other. Also, her earnings are also taken care off.

3. You cannot run away from your responsibilities - Marriage is a sacroment, not a contract. You need to pay for her maintenance whether you give divorce or not.

4. 498A is to protect women from harrassement. Once, she files a compliant, it is "State v/s You".  She is not in picture, and will be witness only.

5. My advice to you is - Pls. dont try to play tricks. Have an amicable solution or compromise and lead a happy life together or pay her maintenance to lead her life if she has no income to support herself. This maintenance is applicable before and after divorce.

Regds,

Vish