Mc

What kind of a claim is loss of virginity? Query needs to be elaborated better

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Hi Augustine,

Thanks for responding.Apologies for not being clear with my query.

She has claimed the following

rs35,000 per month as maintenance

rs 5,00,000( for gold which she never had)

rs30,00,000 under section 22 a) for loss of family and virginity b)loss of social status c)torture whilst in the company of the respondent.

Just for info - out of 3.5yrs of marriage she has been at the matrimonial home for about 5months and with A1(myself) for about 25days, as iam a NRI and we have got no children. I am stuck here without a job for the last one year,my British passport has been seized.

Desperate for some answers, please.

thanks.

Hi,

Yes,DVC.

MC and 498a have also been filed.

thanks.

Hi,

Anyone who can assist,please advise.

thanks.

1. You can point to her exaggerated claims as indications of unreasonable demands and greed in your written statement.
2. Maintenance will be ordered as per disclosures in income affidavit of both parties. If she is working or capable of working you must make big deal about it and bring it to attention of court. 
3. Other reliefs of compensation can only be granted if she is able to prove domestic violence. Proving false claims is very difficult.
4. On what grounds is your passport seized? What is your advocate doing to get your travel rights restored?

In general, in a scenario where  the petitioner is well qualified without children and employed before marriage, will she be still entitled to this support?

Thanks for responding.Cheers

thanks Augustine and Vibha for replying.

Vibha,

The lawyer i engaged at the first instance landed me in that soup,he just made me handover my passport, i was being too naive/foolish.

Just to ensure that i dont leave the country and on insistance from the petitioner the SHO kept hold of my passport without including the same in the chargesheet and when i questioned him on the same he tried to add the passport to the chargesheet at a later date for which the APP objected but in the end it was added on to the chargesheet.

Currently we have issued notice to the APP and it needs to come back with a counter. so awaiting for something to happen.It's a painful wait though.

Wish there were penalties for the petitioner's as well for filing false cases and destryoing someone else's peaceful life. This petitioner in particular, though i got her a visa couple of months after we got married, never travelled abroad to start marital life and now she claims that she wants marital life etc, really our judiciary is blind....sorry.

Is there a way to speed up the case?

thanks

Well advised by Mr Augustine ...

Will it be possible to exclude my old mum from attending these adjournments in domestic violence at all?She is diabetic, hypertensive with heart and other ailments.

1. You and your mother do not need to attend every date in DV case, presence of your lawyer is enough. Only when judge asks for your personal appearance during evidence or for mediation you need to attend. 

Thanks Vibha for your reply.