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Shayni (ff)     30 August 2013

Matrimonial profile will help for maintance and dv case

Hi,

Please guide me by legal way, My Husband is not ready to back me and he filed Divorce case on me on in last year after few 2 months, I have file maintance & DV case on him, I got to know that he created a matrimonial proife in which he stated that he naver married with all basic information also he stated that his income is 6 to 7 lacs per annum i have a web print of that Page...

query :-

1- is it a offence...?

2- how do i use print in my case....?

3- can i show the web print as a proof.?

4:- will it help me in maintance case by his income on that site ?

 

Regards



Learning

 33 Replies

Tajobsindia (Senior Partner )     30 August 2013

 

Originally posted by : Shayni

 

XXX
query :-

1- is it a offence...?
Take: No. It is question of facts.

2- how do i use print in my case....?
Take: With header / footer print showing URL. Calling matrimonial website aut. rep. as your witness.

3- can i show the web print as a proof.?
Take: You may.

4:- will it help me in maintance case by his income on that site ?
Take: No as it is question of facts. May elasticize main trial. However a wife is supposed to know where her husband works and his approximate salary - income and most interim maintenance cases are decided - based on prime - facie trials so other means could be used. Consult your advocate to use such other means. 

1 Like

stanley (Freedom)     30 August 2013

 

Originally posted by : Shayni


Hi,

Please guide me by legal way, My Husband is not ready to back me and he filed Divorce case on me on in last year after few 2 months,

Newtons third law of motion for every action there is a equal and opposite reaction i presume as you filed DV and maintanence case and his reaction was Divorce .

I have file maintance & DV case on him,

 

I got to know that he created a matrimonial proife in which he stated that he naver married with all basic information also he stated that his income is 6 to 7 lacs per annum i have a web print of that Page...

query :-

1- is it a offence...? 

2- how do i use print in my case....?

3- can i show the web print as a proof.?

4:- will it help me in maintance case by his income on that site ?

Regards

your husband would straight away deny that he has posted the same than what would you do,by the way what did you lawyer say about this did he give you some tall talks for your DV and maintanence case. As for maintanence case you can call for his salary slip and than maintanence can be decided upon that .By the way you have not stated if you are working women  . Anyway welcome to the world of litigation and start begining to spend  your time and money in court cases for the next 5-7 years .

 

 

 

A Blank Diary of Life (MD)     30 August 2013

@shyni, how will you prove that the matrimonial profile of your husband has been created by him only? It can be created by you also. You can not prove it based on this.

 

You may contact the concern Matrimonial website representative and find out whether any interest has been expressed from your husband's ID. If yes, then on which ID? Take out those ID along with the contact details to whom he has expressed interest and meet them. Once you meet the other party who has been expressed interest and took it further in the court. Otherwise, this may not stand in court, as this can be created by you also.

Shayni (ff)     30 August 2013

Hi All,

first of all thanks to your reply,

My Lawyer is only talking long long speech (aisa karenge waisa kernge, use pareshaan karenge) but did not doing anything, I do not feel shame here for talking true in real fact I am not Victim of any Physical Violance, I want to go to my matrimonal home and want to live with my husband and save my matrimonal Life but he was not ready to bring me and 1st he filed divorce case that's why I contact  to Local Lawyer and he suggested me for DV and Maintance.
both case is going on,  I don't know where he is working but I am Post Graduate Lady and Now Jobless I had Job before marriage.

 What will help me on his matrimonial profie in which he stated that he never married and he stated that his income is 6 to 7 lacs per annum

If he is not ready to bring me so he should give me my expenses please suggest me so I can get correct legal guidence for my life.

 

Regards

Tajobsindia (Senior Partner )     30 August 2013

Originally posted by : Shayni
  XXX

My Lawyer is only talking long long speech (aisa karenge waisa kernge, use pareshaan karenge) but did not doing anything, I do not feel shame here for talking true in real fact I am not Victim of any Physical Violance, I want to go to my matrimonal home and want to live with my husband and save my matrimonal Life but he was not ready to bring me and 1st he filed divorce case that's why I contact  to Local Lawyer and he suggested me for DV and Maintance. both case is going on,  I don't know where he is working but I am Post Graduate Lady and Now Jobless I had Job before marriage.

 What will help me on his matrimonial profie in which he stated that he never married and he stated that his income is 6 to 7 lacs per annum

If he is not ready to bring me so he should give me my expenses please suggest me so I can get correct legal guidence for my life.
 
 

Then state clearly in your maintenance applications, be it in his Divorce or in your DV complaint case, what his profession is and approximately how much he earns and what all assets he has. A wife should be knowing all these. The matrimonial site printout is subjective ad-interim proof of his earning an income later subject to proving ‘facts’ by your side under an Appeal by him if any.
If you are jobless currently then interim maintenance may be given to you subject to how much he Appeals on you being post graduate / earning before marriage etc. etc. afterwards or during interim maintenance arguments itself respectively.
I donot know his Advocates or his stand hence above is summary as in generic reply in such facts situation.
Now if you want straight answer on alleged ‘discoveries’ (matrimonial site profile) then I have already replied to your 4 questions. Wait for a Court to decide respective applications.
Now onto your lack of confidence in your appointed Advocate and summary statement herein by you,  my suggestion would be seek court Order on mediation / re-conciliatory proceedings in either or both Cases that both of you are contesting and come middle way i.e. negotiate on your rights on alimony and part ways amicably via mutual consent divorce route so that you don’t face harsh Civil or Criminal Law proceedings for years and all these when there is no hope left of a re-union between you two.
[Last reply]

2 Like

stanley (Freedom)     30 August 2013

Most of the lawyers are liars practically in front of you they will give big talks (aisa karenge waisa kernge, use pareshaan karenge) but in front of the judge they will just seek date after date and do you know why do they do this the reason being that on each and every date you have to pay them your fees ultimately you end up getting Pareshan. In this forum there are renowed lawyers in this foroum and to name one of them like Tajobs who gives practical advise as per the circumstances of your case .

This stupid lawyer of yours should not have instigated you to file a DV case rather you can withdraw the case since you have not faced any violence how is your lawyer going to prove the same as for the maintanence case it can continue provided it has been applied for under a different section of law and not under the DV case .If it is under the DV case and you have asked for relief under the act for maintanence than you would have to continue with the case .

Now did you run away from his house on your own and shout bachao around the neighbours just to make a tamasha :P or you really want to go back to him . If he has driven you out under right to residence you can seek a protection order and when it is passed you can sit on his lap and give him a french kiss in his very own house ;)

1 Like

Shayni (ff)     30 August 2013

HI,


Thanks to your guidence,

Someone suggest me RCR, I dont know about this can you please suggest me abt RCR

Should I file RCR ?

 

Regards

A Blank Diary of Life (MD)     30 August 2013

My God, she is ready with 3rd Case. ooooooppppppsssssss. Bhagwan bachaye....

Shayni (ff)     30 August 2013

Hi A Blank Diary of Life

 

I am asking about this because I dont know about this RCR ?

Adv k . mahesh (advocate)     30 August 2013

just go by your way what your sense will tell how to win the case and what all evidences you can obtain from your husband 

means website in some instances will work and in some instances it will not work and will bounce back to you 

about salary as you are his wife you better know how much he is earning may be not exact figure but some figure you have to give and if any property also trace them


Raja_498a Victim (Manager)     30 August 2013

Hi,

Since you have not yet filed criminal case 498a on ur husband, still you can try with mediators and settle the issues...

If that doesn't work then file RCR (You want to stay with ur husband and pray in the court).

If nothing works, you need to fight divorce case on merits.

 

fighting back (exec)     30 August 2013

@shyani...........did your lawyer suggest you to file for RCR?

if yes, then it would be another foolish move of yours. RCR means Restitution of conjugal rights. it means that the repondent (your husband) has deserted you and you want him to cohabit with you, it basically means that you are interested to stay with that person and asking him legally to come back and cohabit with you.

but no law of land can force anyone to cohabit with anyone forcefully. so it is a big waste of time and money.

now, after filing RCR a big question will be raised......why the hell do you want to live with a person who has committed domestic voilence on you?

your DV petition might be containing various allegations of cruelty committed on you, so it is a contrary case to your ongoing DV and maintainence cases..

so in short it will indirectly say that no DV was committed.... you will be trapped in your own false web.

ashoksrivastava (scientist)     30 August 2013

Shayni RCR is restitution of conjugal rights. By winning rcr decree you can seek to get his property attached in case he doesn't take you back. But it can't force him to live with you.No decree can win affection of spouse.  It seems that your marriage can be saved and cases by both  of you have been filed over ego clash. Forget about all cases seek the intervention of elders from both sides, accept your part of  mistakes and pray to god, that he  reciprocates.

Best of luck

 ASHOK


(Guest)

@ Ashok,

What if Husband has Nothing,No property and only a bycycle as movable property then what will court do in this regard after winning the RCR by her?



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