Is it mandatory to send a legal notice to my sister-in-law before the filing of a domestic violence case? My sister in law has harassed me and today she threw me out of my husband’s house at 9 pm along with my 2 years old daughter. Staying with my parents but no one is supporting me. Husband went to Delhi for work today.
Not necessary to send a legal notice to your sister-in-law before initiating legal proceedings against her in the Domestic Violence Act. Your sister-in-law has abused you physically thereby she has committed an offence under the DV Act.
You should file an application/complaint under Section 12 of the DV Act. Adduce evidence towards the acts of abuse along with the complaint. It is your matrimonial home therefore, your sister-in-law has no power to dispossess you from that house.
You should seek a residence order under Section 19 of DV Act because a legally wedded wife has the right to residence in the shared household. It may be possible that your sister-in-law may reiterate the act of physical abuse hence you should also seek protection order under Section 18 of the DV Act.
Can the husband be bound to give the entire salary in maintenance? With 44k salary 10-12k is gone in rent in Bangalore.in rest 32k I am finding it difficult to earn living for my parents how to pay maintenance to my wife who tortured me after marriage n now has filed maintenance case.
Marriage date :7/12/2021 .I am an BPO analyst Engineer working with Vodafone India, Bangalore office. My salary is 5.5 lakh with 9 years of experience and this is my 2nd marriage. XX my wife was working with BBM TV with a 10,000/ month salary. Its her 2nd marriage as well. In Nov 2020 their parents came and said as its corona they can go n do shopping for my sherwani n clothes for marriage so gave us 25k cheque. I objected as to why they should go.
But they insisted and father thought its same thing and didn’t object more.Their was no demand from our side but they wanted to buy furniture & cars for me. I denied stating I need only a girl and nothing else and moreover I don’t know how to drive a car. On 9th dec their parents came to our house and told as ritual some gift items to be given to sister( she is in USA and couldn't come due to covid issues and for sweets and other things(we have chouthi puja then suhaag raat happens in odia brahmin), gave 1.25 lakhs cheque again.
I was smelling fishy why they giving cheque always from 10th Dec 2021 wife hitting me and torturing my parents for money , i didn't capture any proof then . However from 24th dec 2021 recorded a few of her voices when she was shouting at me & my parents. Her parents came to make her understand but in vain. Later she tortured me more & time to time I took her recording. On 10th Jan 2021 she falsified stating I twisted her hand and started to quarrel at 7am and also hit my papa.
My parents went to the local police station to complain and they called her for counselling . but no FIR was filed. We thought the police told her it's sufficient so we weren't forced to file an FIR. My wife left for her home on Jan 15 2021 in my absence (I went with my cousin out of station for some work). Then she called me on 2nd feb 2021 and told me she is not ready to stay with me( I recorded that). In feb 2021 she went to mahila thana stating she doesn't want to stay and want a divorce.
We agreed to that .However as my office was opening I went to Bangalore and my parents were in Bhubaneswar. Then she demanded 30 lakhs as alimony in mahila thana , we disagreed on it. Then it was decided that on March 12 2021 the girl & her parents will come to take their luggage and other things. But the girl didn’t come upstairs as she saw CCTV installed.
Then went to thana stating we didn’t give few of her things and filed FIR on May 4 2021 In Mahila Thana, Bhubaneswar with all false allegations on me & my parents name( she wrote my father wanted to have sex with her, such nasty allegations) we weren't aware of any such case. But I was in Bangalore and was suffering from Covid . Later on June 7 got admitted as bipolar pneumonia was detected POST COVID & was admitted to Sakra Hospital, Bangalore.
My parents came from Bhubaneswar to Bangalore for my hospital stay as I was staying alone . From Mahila Thana IO called on June 17 asking if any bail applied or not. We didn’t know about the case . We spoke to our lawyer and she filed for anticipatory bail in 498A,323,294,307,354,354A,506,34,4. We currently have no one to arrest with us.
Then she filed interim maintenance on July 17 stating to pay 30k/month as interim Maintenance. We found out that she got 2 lakhs as alimony from her previous marriage after speaking to her ex husband. He was earning 14000/month in 2015. We also found that she left job in may 2021 to claim maintenance.
Asked from: Karnataka
No court shall bind the husband to pay his entire salary to his wife in the form of maintenance. The amount of maintenance has been decided on these factors:
- Net income of husband
- Genuine and basic needs of wife
- Living standard of women in the home of husband
- Living standard of husband as per his status in society
- Social status of wife and her family
The net income is determined after deducting all the financial liabilities from the income of the husband. Loan, necessary expenses of husband, expenses of dependants such as father-mother etc. Hence, direction of the court to pay thirty thousand rupees as maintenance is prima facie illegal and against the settled principles of law.
If that maintenance is decided under Section 125 crpc, you should immediately move an application under Section 127 crpc for reducing the amount of maintenance.
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My girlfriend broke up with me under her parent's pressure after 8 years of relationship. Post breakup we both moved on with our new relations. Unfortunately mine didn't work out as the fiancee was after my salary. Somehow my past gf got to know about this and she broke her relation and asked me to accept her. Since her parents were still not convinced we decided to get married via a Special marriage act.
She submitted the file with me but after 30 days of required notice she again got under her parent's influence and left me without any information. She is not picking my calls, not responding to my messages without any reason for not coming for marriage. Can I file a case of mental harassment against her?
She has not committed any offence because she is free to take decisions about her marriage. When you moved an application for marriage under the provisions of the Special Marriage Act, you both agreed for marriage.
If she has changed her mind however, under the influence of her parents, you cannot compel her for marriage. She did not abuse her position because of the false promise of marriage or deception on her part. In absence of dishonest intention you cannot initiate any legal proceedings either for cheating or harassment.
A man is threatening a woman on revealing the truth to her family. I'm a husband. I'm writing this for my wife. She had an affair with a person and she also helped him with money in his difficult time without informing me. Few days back she apologised and agreed to her mistakes. Even though I have forgiven all her mistakes, I still love her so much. Problem started when she asked her ex-boyfriend to return money which was given before. Ex-boyfriend started threatening her saying he will reveal all the things with family and friend circle.
We are not even sure whether he is having any proof pic msg or videos with him to ruin my wife's privacy. So we are afraid of what to do if he tells or reveals anything with my/her parents. Since they are orthodox family. We would like to know what are all the legal possibilities. We have to stop any threat from him and this matter shouldn't reach any other person in our family. Please advise
You should personally talk to him and demand the refund of money. In that conversation you should tell him that you are ready to take all possible legal actions despite the fact that he has some materials which may defame the reputation of your wife. You should also tell him that you have full faith in your wife.
Even then he threatens you then you should immediately lodge a first information report (FIR) for the offence of cheating and extortion. He has no intention to return the money which he borrowed from your wife. At the onset he had no intention to return the money hence, he has deceived your wife. Thereby he has committed the offence of cheating.
So far as threats are concerned, he has the intention to cause wrongful loss to your wife by putting her in fear of injury. He wants that your wife shall refrain from demanding the money which she has given to him. Therefore, he is threatening your wife to reveal something which may cause harm to her reputation.
Respected Sir, I bought a flat in 2018. Now we had applied for renovation loan from bank and for that when we were collecting the required documents. It came to our knowledge that jamabandi had only my surname and operator missed to enter my first name in it. I approached patwari for the required changes in the jamabandi and it's been almost one month now however still no changes have been done till yet. How can you deal with this situation? Can you please
You should move an application to the collector for the correction of your name in jamabandi.
Whether a succession certificate is mandatory in order to get possession through a testamentary will? Whether one can apply for grant of succession certificate for immovable property u/s 372 of the Indian Succession Act, 1925? Father of the petitioner is claiming immovable property under a will executed in 2010. Father dies in 2018 and excludes his three married daughters because they are well placed and father had spent a huge amount in their marriage.
No need to apply for a succession certificate only for devolution of property as per the desire of the testator. The testator (maker of Will) made this will to distribute his property, after his death, among the person mentioned in the will.
This (devolution of property) was not a pre-existing claim or a debt. It is the settlement of property which will devolve as per the scheme of the testator. So the succession certificate is not required. Instead, you should file a probate and execute the will.
Can I transfer a demat account without a probate? My father had made me (his son) as nominee on his demat account. However as per his will this account should be given to his grandson (my son). Bank wants a probate of the will. However as per his will this account should be given to his grandson (my son) and I have no objection to it. Bank is demanding that I should get probate of the will done, which I want to avoid because of a lengthy and costly affair.
If a nominee, being a custodian has no objection then is bank rightful in demanding probate. They are happy to transfer to me but then I do not know how I can transfer to my son without attracting capital gain and not showing as a fresh sale / purchase transaction.
However, you are a nominee in the demat account but as per the testamentary will of your father your son is the real owner of that demat account.
Therefore, you have to get a probate and execute the Will as per the desire of the testator. A Will cannot be executed without a probate. The bank’s demand to file a probate is genuine and legally valid.
This is not a costly or time consuming procedure. You have to file a probate in the court of the District Judge. Thereafter publish the will and issue notice to the all legal heirs. It hardly takes forty days to complete. Thereupon, the court when receives no objection from legal heirs, shall grant a probate.
How to protect my land when my family members have encroached my land? Land was registered in my name by my father back in 2007 through a gift deed. It was executed and registered through the sub registrar office back in 2008. Now my family members are trying to sell my land saying that there are errors in the proper demarcation of my land according to the gift deed and forced me to shift to another side. They have already begun some illegal construction on that land.
Later on after the death of my father, I inherited his property under the Muslim law of succession. I already registered a complaint with the local Deputy Commissioner office asking not to execute the sale deed. Now they are threatening me, saying that the original sale deed made by my father was fake.
What steps should I take so that I can get my property back? I already have some possessions of the land but that is not as per the deed gifted to me by my father.
First of all you should file a civil suit for the permanent injunction and also claim an interim relief. You should also seek temporary injunction against demolition and alteration on the land through permanent or temporary construction.
The gift deed is valid and there is no need to shift to another land. If you shift on adjoining land without any deed of conveyance your right in the gifted property will cease. Consequently you’ll get nothing.
When you got that land through a gift deed then execution of the sale deed is not required. You should get a mutation of that in your name on the basis of that gift deed.
However, you cannot claim ownership on the basis of mutation but it is evidence of your possession on the land. The gift deed itself proves your ownership thus no need to execute any other deed of conveyance in respect of gifted property.
No person has raised any question on the validity of the gift deed. Hence, you’ll easily get mutation in your name.
Can the court direct the husband to cooperate in IVF when the husband has filed a divorce case against me? My husband refused to have a child and he filed for divorce. I want a baby. Can I get an order from court for ivf from my husband and if he does not give consent then can I do ivf from another donor by taking permission from court?
And my husband will give maintenance to my child and me. I have the right to motherhood when my age is 35 and he is wasting time. And he has deserted me. I want a residence order and protection order in the DV case.
It is not possible for the court to direct the husband to go for a child through in vitro fertilisation IVF. There is matrimonial discord between spouses. One spouse wants a child but the other does not. In this case the court cannot pass any direction for IVF.
Desire to beget a child entirely depends upon the free consent of the spouse. There is no law which makes it mandatory for the spouse to birth a child after marriage. Hence, in absence of legal provisions thereof the court cannot direct to go for IVF.
Many legal rights, liabilities and duties arise after the birth of a child. Like father becomes bound to maintain his child and child gets right in the ancestral property of father etc. Therefore, if the father does not want a child due to matrimonial discordance then the court cannot direct him to do so.
Can I file a case under Section 340 crpc for filing a false affidavit? As per affidavit in domestic violence case on 8/9/2017 ,my wife stated that my mother lodged a fake case of blackmailing and extortion in PS on 6,7,2016. but no such case was registered by my mother in the police station on the above-mentioned date. In PS my mother lodged a complaint against my wife and in laws under crpc 107/116 to prohibit them from coming and harming her on 24/6/16 after my wife and in-laws came and physically harmed my mother on 29/4/2016.
The sdm bound them on 28/6/16 Moreover my mother lodged a case in session court on 27/6/16 under Section 341,323,34 against my wife and my in-laws and in that case my wife did compromise. My wife was the first party in that compromise. So my point is the case was fake or not, is decided by the court, not by the party. And no such decision was given by the court. In the above-mentioned case In Session Court the case was closed on the basis of this compromise.
And the police also filed FIR in that case, but put FR on the basis of this compromise. So my point is the case was fake is a matter that should be decided by court and not by my wife and my wife in her affidavit in domestic violence on 8/9/2017 said that a fake case was registered by my mother under above sections. So can I file section 340 against my wife?
Provisions of Section 340 of the code of criminal procedure is not applicable in your case because the false affidavit was not sworn after the document was admitted by the court.
Section 340 crpc applies if the party to proceeding committed forgery in respect of a document which is under custody of the court. There is no such document which is custodia legis.
Hence, you cannot initiate proceeding against your wife under Section 340 of the crpc. In Amarsang Nathaji v. Hardik Harshadbhai Patel, (2017) 1 SCC 113 the hon'ble Supreme Court has held that mere making of contradictory by itself does not constitute offence of perjury.
Your wife has filed a case but later on compromised with her mother-in-law. It does not prove that she is guilty of perjury. If she made a false allegation and its falsity was proved by the court then you can initiate proceedings for perjury if that allegation was made by manipulation of documents.
