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Residence order in dv

Page no : 2

(Guest)

@ Querist,

 

If your mother had lodged a complaint against her then why not your husband?

 

It would be better if your husband have lodged a complaint against her wife in nearest police station on the day she left by stating all her cruelities.

The letter should be given to the NCW & CP also. The lady had lived only 5 days and went for 498a and DV seems to be trained player of women law.

 

Tell your brother to pass all the assets and properties safely to your mother's name via gift deed. It's his wish to give all his entire owned things to anybody,there is no law which prevents his will which is owned by his income and not by anccestoral.

 

Tell your brother to relax as the motto of her wife been revealed in only 5 days, So he  would be happy that his life had been saved by this type of b.i.t.c.h.e.s.

 

If she owns a CA firm, go along with your lawyer, take the Service tax registeration No. of that firm.  along with Pan No.(if she denies take the permission from court). After getting all her Accountancy details of her false statements,ask your brother to submit in the counter of her Maintenance and right to residence.

 

Your brother has to hold his nerve,He has to become adamant on every issue not to keep her at only one reason that she is mentaly too cruel  to me and family that I can't survive with her. The court can't force him to cohabit with him,but yes the maintenance are issue if she is not earning in that case.

Here,again your brother need not to worry as she would be earning more than her  husband I guess if she is running CA firm.

Just wait and watch for her false affidavit and after that you backfire her with her own false statements under oath. Your  brother need to say thanks to her for filling false cases as once all that been prooved wrong then Divorce is 100 % guranteed.

smita (not working)     23 August 2013

If one has no moral in life.Then what is the meaning of a life???...U think by winning a case. U will get back u r age and time...By ur user name saying  "Need Justice"..U think winning the case is justice for u??prooving  your own wife/husband wrong  is the justice u seek is it???

In any Family disputes either husband/wife  wins....both are loosers.. After lossing the precious years of married life..thr is no meaning to"I won the case and proved her/him wrong..

 

First one need to have good morals in life..then the legal advices..She being a women is saying she doesn't want her brother's wife back to his home...Which shows she just wants her brother and mother to be happy and fine..not the one has left her parents who has been living wd them from birth and has moved to her new house trusting her husband...5 months of marriage and she don't want her to come back at al...

 

 

 

 

A Blank Diary of Life (MD)     23 August 2013

@smita,

 

If one has no moral in life.Then what is the meaning of a life???...U think by winning a case. U will get back u r age and time...By ur user name saying  "Need Justice"..U think winning the case is justice for u??prooving  your own wife/husband wrong  is the justice u seek is it???

What would be the moral of a lady who went back to her parents house and filing false cases? Both Husband and wife have to understand that both are going to lose their age, time and money by fighting cases in courts. Nobody is going to win only time will win which got lapsed by fighting in courts. Neither wife wins nor a husband wins. Afterall, both have to suffer from precious time, age and hard earned money. Only advocates are going to be a richer and richer.

In any Family disputes either husband/wife  wins....both are loosers.. After lossing the precious years of married life..thr is no meaning to"I won the case and proved her/him wrong..

100%  Agreed

First one need to have good morals in life..then the legal advices..She being a women is saying she doesn't want her brother's wife back to his home...Which shows she just wants her brother and mother to be happy and fine..not the one has left her parents who has been living wd them from birth and has moved to her new house trusting her husband...5 months of marriage and she don't want her to come back at al...

100% agreed with your first line highlighted with yellow colour.

Answers on green highlighted colour:

Being a girl/women/lady, if she says like this, then, there must be something happened very wrong. Otherwise a lady/women/girl understands very well the feelings of other women/lady/girls.

How much time needed to understand each others (husband and wife). It takes lots of times and not only for 5 months. What would happend only in the period of just 5 months? A hiddne wrong intention. That's all.


(Guest)

The CA firm is in her fathers name who is also a CA  but she runs it ..she has submitted her IT returns which is actually very less compared to my brothers ..how do we prove her actual income which is much more than what she states?does maintenance depend on the total income of husband and wife ?my brother has given written applications in womens cell and PS ,not a complaint as such ,we hope this will be considered .

A Blank Diary of Life (MD)     23 August 2013

@Girija, no maintenance to a Qualified and workig women.

But, why your brother has given information to mahila cell and PS about her earning capacity?

Adv. Chandrasekhar (Advocate)     23 August 2013

As she stayed with her husband even for five days, it is her matrimonial home and she is entitled to have residential rights to stay there irrespective of the liking and not liking of her husband, parents of husband or sister and brother of husband.  If in the DV case, they put objections on the ground of volatile and pugnacious character of the wife apprehending physical assault from her, the judge may grant the women of that house, i.e, mother-in-law and sister-in-law the protection rights against the wife as well as granting the same protection rights to the wife against all other members of the house.  At the same time, if the judge thinks, he will demark the matrimonial home and provide certain rooms to the wife for her residential purpose prohibiting the interference of other members of the family.

Raja_498a Victim (Manager)     23 August 2013

Hi All, Let us not blame anybody in this forum. Let's not talk about who is right and who is wrong. Also let' not talk aboout moral things. Let's talk which makes sense and help the situation. Girija, If you prove her income which is greater than 1/3 of your brother's income, chances of getting maintenance is minimal. If her income is too low, then your brother is liable to maintenance. At this point of time, try to get paper proofs and fight the case. Also remember, court gives the Judgement based on available evidence only. If you fail to prove her income, court orders interim maintenance.

A Blank Diary of Life (MD)     24 August 2013

@girija...i have read all your posts posted on this thread. All threads represent something something else. What is the correct story? I feel that you are trying to make some stories and getting the information from some otherways, since you might be knowing that if you will put your query in straight, you might get some bad words.

A Blank Diary of Life (MD)     24 August 2013

@need justice, very true and correct. Appreciated.

A Blank Diary of Life (MD)     24 August 2013

fightingfalsecases & Smita are such ladies, who might have not saved their marriage life and filed so many false cases, and here, they are coming like a DEVI (Maa SITA, etc..) in giving wonderful advices. So funny and erotic.


(Guest)

@blank diary of life,my brother has not given information at womens cell regarding her income .the application is regarding the mental and physical torture done by her ..I don't know why u find my threads dubious when my queries are regarding maintainance  and residence  order ..anyways thank u for ur advice and support.

Ranee....... (NA)     24 August 2013

Well said Smita.

@ Girija (not working)

If she is earning then she will not get maintenance if you prove the same in the court.

She can get Residence right in her matrimonial home. (shared household, whether or not she has any right, title or beneficial interest in the same.

What you want or not want will not be entertained by the Court.

 

Tell us one thing truley, did you really ask for money, or insulted her for the furniture /cloths/ jwellery she bought from maternal home?;)

'

'

PIC:2

 

As your sis in law was working and and a rich lady she must be very proudy, erratic, self centred and not willing to mix up and adjust with in laws.

So fight the case on merit and because only this option is left .

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     24 August 2013

Well, if the marriage is just 5 days old, then she will not get any right in the house of your brother.


(Guest)

@Blank diary,

 

What is the logic behind asking why your brother has given information of her earning to PS & Caw cell. wld you plz clear me.

As far as income of his wife is concerned it is very much essential to give record every where that she is earning well enough,there is nothing wrong in that. In marital disputes where the relation took place for only 5 days and that lady gone back to her parental house and filied 498a and DV on husband is nothing but open legal terrorism.

She has to get blow from her own husband very soon.

 

@ Girija,

 

If you know about women laws and just wasting time here in asking questions indirectly or directly which you already know is disgusting. As per your post and earlier threads replies in different forum points that you are simply making your query lengthy. So, far already given answer to your query and every time you are just involving new circumstances in your query.

To maintain the decorrum of your post I request you to plz put whole case in first instance only-----don't make members to give different answers after reading each different post.

Now, as far your query,

1. You have to collect her income detail,by whomsoever,it doesn't matter,it's your home work to do,if you want her to loose that relief.

 

2. Read continuous family law forum queries as well as criminal forum queries.

 

3. Her right to residence can't be obstructed as she is very much entitled to live with her husband. Now it's her husband wish to deny all facts and counter her claims.

 


4. Read the case history of Batra as suggested by need justice.

 

5. Rest your lawyer will handle your case and guide you after reading the FIR copy or CC of cases filed by her.

 

Last Reply !

Ranee....... (NA)     24 August 2013

This property is in Girija's brother's name. NO use of Batra's case.


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