Regarding DV and RCR(Restitution of conjugal right)
2 years ago
Dear Sir/Madam,
I have filed RCR in July 2019 , my wife had filed FIR 498a in Mar 2020 and DV . She had mentioned date of last incident happened on Feb 2019 , I have filed counter in DV and FIR is challenged in HC for quash and pending . In DV , I have filed child visitation ( male 2.5 yrs ) and wife filed Interim maintenance both IA's still pending .
Clarifications needed :
1.Once I get any order for child visitation in DV , after that I want to apply : daily video call with child , Child birthday , other festivals , shall I use sec 26 of HMA in my RCR case as IA or to use CPC - 151
2. Shall I use CPC 151 in Dv case also for any child related visit or documents request like child health chart, vaccine report, schooling etcc.
3. My wife is holding my educational certificates and not agreed to give to me , I have mentioned in my RCR case before 2 years , also gave complaint against her in PS , she said not having . Now | don't want to apply for certificates missing complaint in police station , because everywhere I said she is holding - so shall I use CPC 151 in RCR case to request Judge to retrieve Certificates from wife or get order to issue for duplicate certificates.
4. She is holding other valuable items in her custody and not ready to return, in addition to that I have registered 2 plots in her name half in my name (Joint property) I paid complete amount in 40 days of marriage I bought. So shall I file section 27. Of HMA(Disposal of properties) as a IA in RCR case.
5. Child age is 2.5 years now, when he attain 3 years I have to arrange schooling in Anganwadi pre-school for kids, how to proceed mutual agreement with wife for child education. She definitely want to Harrase me and extract money in the name of child, she would want to join the child in economically rich school . How to avoid that.
6. I wan to apply GWA sec 25 , shared parenting - shall I ?
Ankur Goel @ Complete Law Shield
Responded 2 years ago
so take decision.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
when you have lawyer to fight cases then discuss with your lawyer and let him do it.
Since Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act cannot be imposed on an unwilling partner, you can file a case under Section 151 Civil Procedure Code for visitation rights. In addition, visitation rights are determined by the courts based on the circumstances. You may file a petition under Section 26 of the Hindu Marriage Act and provide a request for documentation here. Since domestic violence cases are criminal in nature, the Civil Procedure Code will not apply.
You cannot demand any jewelry the wife got as a result of her marriage. Section 27 of the Hindu Marriage Act governs jointly owned land. You can file a lawsuit under the Guardianship and Wards Act, but you'll have to pay maintenance if the mother wishes the child to attend a better school. In the event of a disagreement, you will go to court to get the maintenance cap determined based on your financial situation. When it comes to financial abuse on your wife's part, you'll have to prove it in court.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
You should file a case under Section 151 Civil Procedure Code for visitation rights since Restitution of Conjugal Rights under Section 9 of Hindu Marriage Act cannot be forced on an unwilling spouse. Also, visitation rights are decided by the courts on the basis of circumstances you can file under Section 26 of Hindu Marriage Act and also add request for documents here itself. Domestic Violence cases are criminal in nature therefore CPC will not apply here. Wife can hold her property and jewellery received in marriage you cannot claim it. Jointly held property comes under Section 27 of Hindu Marriage Act. You can file a case under the Guardianship and Wards Act but if the mother wants the child to go to a better school you will have to pay maintenance,in case of any dispute you can approach the court for ascertaining the limit of maintenance on the basis of your financial status. As far as, financial harassment from your wife's side is concerned you will have to prove the same in court.
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Sidhaarth
Responded 2 years ago
1. You can seek court direction. Depending on circumstances, generally court allow visitation one in a week or once in a month. Yes you can file application under section 26 HM Act.
2. DV is a crinal complaint case so section 151 CPC does not apply.
3. Yes, you can do. It is disputed issue.
4. Wife has ever right to retain her istridhan articles received in marriage or after marriage. Section 27 HM Act applies only when there is property jointly under ownership of parties.
5. Being mother your wife has every right to give education to child in best school. You are bound to provide maintenance to both child and wife including expenses like education etc.
6. It is section 24. Yes you can.
1.Once I get any order for child visitation in DV , after that I want to apply : daily video call with child , Child birthday , other festivals , shall I use sec 26 of HMA in my RCR case as IA or to use CPC - 151
Ans: You can use CPC 151. You can implement visitation order.
2. Shall I use CPC 151 in Dv case also for any child related visit or documents request like child health chart, vaccine report, schooling etcc.
Ans: But it may be rejected.
3. My wife is holding my educational certificates and not agreed to give to me , I have mentioned in my RCR case before 2 years , also gave complaint against her in PS , she said not having . Now | don't want to apply for certificates missing complaint in police station , because everywhere I said she is holding - so shall I use CPC 151 in RCR case to request Judge to retrieve Certificates from wife or get order to issue for duplicate certificates.
Ans: Such applications will be rejected. Better approach High Court.
4. She is holding other valuable items in her custody and not ready to return, in addition to that I have registered 2 plots in her name half in my name (Joint property) I paid complete amount in 40 days of marriage I bought. So shall I file section 27. Of HMA(Disposal of properties) as a IA in RCR case.
Ans: You can file complaint under section 406 of IPC.
5. Child age is 2.5 years now, when he attain 3 years I have to arrange schooling in Anganwadi pre-school for kids, how to proceed mutual agreement with wife for child education. She definitely want to Harrase me and extract money in the name of child, she would want to join the child in economically rich school . How to avoid that.
Ans: Keep aside sentiments and allow Your wife to rear the child.
6. I wan to apply GWA sec 25 , shared parenting - shall I ?
Ans: It is better option.
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