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What would lawyers/advocates suggest when female approaches?

Page no : 2

Raj Vikram Singh (Software Engg)     23 November 2011

Almost NIL for wife

Shivaji Rao (worker)     23 November 2011

Wife files these cases

 

1.         Complaint of domestic violence BEFORE CHIEF JUDICIAL MAGISTRATE claiming resident order, maintenance, compensation for any loss, etc.

2.         Criminal Complaint (Written) in "CRIME AGAINST WOMEN CELL" for Dowry demand and misappropriation of Istridhan by the husband and in-laws under section 498A/406 I.P.C.
 
should husband go for defense or offense(by filing cases against wife)?
 
Note: Wife wants divorce as she has an affair. Whatever cases wife is fliing are false, if she comes up with any proof, it is all cooked up.

Shivaji Rao (worker)     23 November 2011

Husband does not have any money. however he has sources in which he can get money like organisations he is part of(does not own it though)...wife has all the money.

would court still order husband to bear all the litigation charges?

Note: Husband has 0 bank balance. No property in his name. Wife is working and getting paid well.

All his property is in wife's/ in law's name.

Raj Vikram Singh (Software Engg)     23 November 2011

Defense as of now.

Calm down and don't think so far about litigation charges.What is the stage of both cases and which city?

Shivaji Rao (worker)     23 November 2011

No cases filed yet. however wife and in laws are threatening with a dowry case.

have told them I do not have any money with me. so now they are taking time to cook up something to get the divorce.

I was actually trying to find out if any lawyer in this forum has falsely implicated dowry against a guy, just to get divorce quickly by harassin guy and his family. I assume they need proofs for dowry cases as well.

does dowry mean "extort money from husband"? ;)

Shivaji Rao (worker)     24 November 2011

Law gurus need your help on this

Background:

Wife files 498a against husband (wife is working). Husband lost his job or quit his job. Husbands bank balance is zero.

  1. can husband claim maintenance from his wife? if so, under what sections he can claim money and for how long? when would maintenance be effective? how easy/difficult is it to claim maintenance from wife? if you remember any similar cases where husband got maintenance, please do share the case number.
  2. Husband's bank balance is zero, he can not afford a lawyer. Should wife bear the lawyer fees? If so under what section.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 November 2011

U/s 24 of HMA. Husband can seek maintenance and litigation expenses, but rarely a fit man is granted the same.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Aishwarya (Teacher)     24 November 2011

if wife is earning , i guess only then u can seek maintainance

..and its quite hard as based on your qaulifications and been working before then it would rarely stand a chance to get as one can always get another job on the basis of prior things..

1 Like

Aishwarya (Teacher)     24 November 2011

Your comments brother are Par Excellence..abs true every word of it, i believe..

1 Like

Shivaji Rao (worker)     24 November 2011

thanks Zeeshan, Shonee, Aishwarya....

how to delay things at court with out being fined? (this is for 498a cases). like what would most lawyers do to delay things?

on an average, how long does the "false 498a cases" stand in court? 

@Zeeshan: my wife has already started saying most of the things mentioned by you. I guess lawyers have a template which they use it for each and every case. 

1 Like

Shivaji Rao (worker)     24 November 2011

do you have any cases on "U/s 24 of HMA" where husband is granted maintenance?

I would like to find out if I fit in somehow.

rajiv_lodha (zz)     24 November 2011

But Shonee,

U said somewhere that Sec 24 is not applied in void, it requires Sec 13 HMA or RCR as vehical.

Does this mean that hubby has to file these cases 1st, then seek cash under Sec 24?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 November 2011

correct, it has to be in any proceeding of HMA.

 

Why the author wants to delay the matter?

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Shivaji Rao (worker)     25 November 2011

suppose  wife wants divorce, delay from husband would add more pressure on wife and viceversa. 

Just a strategy to get wife to agreeable terms....any idea how to delay things at court with out any fine/issues

 

 

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 November 2011

Every thing is fair in love and war. Regards, Shonee Kapoor harassed.by.498a@gmail.com

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