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Q.Divorce
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Q. Divorce

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Anonymous

posted 2 months ago

Sir my husband filed divorce case saying that i try to commit suicide by eating pills ,I run away, ifight with him,and after that counseling started his dad is a lawyer he has influenced the counselor in court.ihv filed 498a in police station but police is not moving my charge sheet ,police is again forcing me to settle behind court either in terms of mutual divorce or restoring marriage.i hv met many times but still they r not listening,mean while my husband has filed custody papers in court ,I hv a small daughter a out to be 5,in reply of section 13 which my husband has put on me .I hv mentioned fir .to that he replied that I want 50 la. Rupees and his house so I hv filed fir.what to do I my really tired.how to bring them under pressure.is there justice in court or they will also behave like police.plz help me.
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A. Dear MAdam ..........
you have not said what have you said in your FIR ............
You shall file Domestic violence case along with maintenance case...........
for any query feel free to reply back

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uttam

Experience: 6 Year(s)

Responded 2 months ago

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A. Dear Madam,
You have to file as many cases as possible against your husband and his family members so that they may come for compromise since all Indian laws are in favour of married woman.

For full procedure contact me on mobile through Vidhikarya.
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A. You can go forward strongly with 498Aespecially if you have signs of bodily injury. It will help you to put pressure on him regarding a settlement of your marriage with a good amount and also you can gain custody of your girl as court will only look at welfare and safety of child. So hold strong and don't compromise for a settlement THST u don't want. He will come to your terms with 498a.

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Pavamani

Experience: 3 Year(s)

Responded 2 months ago

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A. Dear Madam,
You should file a petition to CJM court for stating all about referring your logged FIR . If Hr is not taking concern or what action he takes by passing order.
If all fails, with all earlier documents file Criminal Writ at High Court for taking action against police and court below. You may contact for paid legal service taking my contacts
Thanks

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Sanjay Kumar Jha

Experience: 17 Year(s)

Responded 2 months ago

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A. U will need to file 498 case in court with the help of Ur lawyer

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 2 months ago

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A. File a private complaint before the Magistrate under section 200 of Cr P C,. You are entitled to guardianship of your child till he attains 5 years of age.

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Viswanath M K

Experience: 5 Year(s)

Responded 2 months ago

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A. As per Hindu Marriage Act, 1956, you and your daughter are entitled to maintenance and alimony till the divorce petition is pending in the family court, if you are not having any means to earn. You can also file another petition for maintenance for your daughter and yourself under section 125 of Code of Criminal Procedure. The custody of your daughter will be given to you only as she is just 5 years old and a female. If you think that your marriage is not going to last for long and there is an irretrievable breakdown in your marriage then it is better to go for Divorce by mutual consent and take permanent alimony and monthly maintenance from your husband for maintenance of same lifestyle of your daughter and yourself as it is before the divorce plus a suitable place for living. In my opinion, kindly meet and engage a lawyer who shall help you out in the entire matter.

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Himanshu Mahajan

Experience: 17 Year(s)

Responded 2 months ago

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A. If police is not registering FIR than below is the option:

Approach Superintendent of Police

If the concerned officer in charge refuses to register a first information report about commission of a cognizable offence within his territorial jurisdiction under Sec. 154(3), the informant can approach any senior officer of police or the Superintendent of Police or the Commissioner of the police with a written complaint. If, after analysing the complaint it is satisfied that the complaint discloses a cognizable offence, he may moreover investigate the case himself or give directions to his subordinate to register the FIR and initiate investigation in the matter.

Complaint to Judicial Magistrate

If even after submitting a complaint to Senior Police officials no FIR is lodged then the informant is legally entitled to file a complaint to the Judicial Magistrate/ Metropolitan Magistrate u/s 156(3) read with Section 190 of the criminal procedure thereby requesting the FIR to be registered by the police and commencing investigation into the matter.

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Ganesh Kadam

Experience: 2 Year(s)

Responded 2 months ago

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A. Have filed the reply the petition filed under section 13 ?

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Neeraj Kumar

Experience: 1 Year(s)

Responded 2 months ago

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