Domestic violence - My mother' age is 73 years
My mother' age is 73 years she has 3 son and 1 daughter all are married .she leaves separate on ground floor and brothers leaves on 1st 2nd and 3rd floor. NO ONE HELP HER FINANCIALLY AND SHE IS LEAV
1 year ago
A. Dear Sir,
Your mother has to approach High Court against the orders of Assistant Commissioner. The High Court may sympathically considered the matter and allow some maintenance to your mother.
Legal proceedings if spouse has run away
My husband hit me and abused me and ran away to Canada where he is a PR There is no contact with him can i file DV case against him? How will court proceed in his absence?
1 year ago
A. Dear Client
You can file a domestic violence case against your husband even if he is living in Canada. The court can proceed in his absence and issue an arrest warrant if he returns to India. Please seek an expert legal advice over this matter.
Domestic violence - maintenance
Meine maintenance ka case file Kiya hai ,case file krne k kitne time paise Milne start ho jate hai.
1 year ago
A. The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing.
Dear Sir/Madam
If we really excise our constitutional rights by approaching the High Court then Domestic Violence Case has to disposed within Six months, I am not lying the reality is in the following provision at fag end, please file WP in HC and get order of Mandamus against the Magistrate, accordingly:
12. Application to Magistrate.— D ...ReadMore
Calculation of Alimony
My husband is a druggie and abuses me physically He keeps sleeping the whole day His parents give him money for maintenance of his expenses. He is the only son.His parents hid the fact that their ch
1 year ago
A. Dear Madam,
Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary
The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony.
A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their so ...ReadMore
DV and maintenance case
my husband filed divorce and then the case was dismissed non contended. he got remarried. if i file DV and maintenance against him now and if again he doesn't show up then what will happen? i dont hav
1 year ago
A. Dear Sir,
He cannot marry without legal divorce. You can file criminal complaint under Section 494 of IPC and also maintenance case under Section 125 of Cr.P.C and an application under Section 91 of Cr.P.C to summon his salary certificate from his employer.
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Section 494 in The Indian Penal Code
494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such mar ...ReadMore
Dv case
Sir meri wife ne mere parents ke upr dv ka case file kiya hai or waha petrik property main hissa mng rahi haii jabki waha shadi ke baad se he mere or mere parents ke liye uska nature axha ni raha. Ja
1 year ago
A. Dear Sir,
You can immediately approach High Court and get delete the names of your aged parents from pending DV case. Be aware that wife is not entitled for any share in your property except the right for claiming monthly maintenance or alimony on divorce.
IPC 493
Is FIR filing stage mandatory or ACB bail can be filed when matter is in counselling stage?
1 year ago
A. Dear Sir,
If there is apprehension of arrest the proposed accused may immediately approached Sessions Court or High Court to get such bail. However registering of FIR is not mandatory.
Noisy neighbors
My neighbor has a dog when it starts barking its owner doesn't stop it. I informed the problem to the owner but he did not take any action What shall I do?? My mother have a migraine problem.
1 year ago
A. Dear Client,
You can proceed to complain the landlord in case of rented property. Otherwise, you can take a legal action on account of invasion of privacy.
A. Dear Madam,
As per the dictum of Hon'ble Supreme Court of India and also as per theprovisions of DV Act, one has to file DV case within 12 months from the date of actual separation from matrimonial house.
Domestic violence - mere husband
Sir mere husband mujhe Gujarat rkhna chahte hai jha wo job krte hai but mujhe wha ni rhna because wha par wo mujhe mentally torcher krta hai aur mujhe Punjab hi rukhna hai.Before marrige hi meine bol
1 year ago
A. Dear MAdam,
file a domestic violence case against him and his family members but it will be at the cost of your marriage life. u may continue the marriage or ended in divorce.