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Anonymous

Posted 10 months ago

I am 18 years old and a female. My father is extremely violent by nature, and threatens me with physical violence whenever I refuse to obey him, provided that I have my own perceptions which at times do not match with his own. He has caused me extreme emotional and physical suffering (included kicking, punching, strangling and pulling my hair). He has physically abused me many times in front of my siblings. Only yesterday night he threatened to kill me if I ever disagreed with him or came between his relationship with my mother. I have been accepting this abuse for a long time only because I felt that he was my legal guardian and corporal punishment is legal in India for parents, but now I'm an adult and refuse to accept such treatment. Please help me out.
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A. Dear Mam, Request you to visit the nearest police station and lodge an FIR against your father with the CAW (Crime against Women) cell. In the FIR do also mention about all that you have stated in your post without any fear. He is your legal guardian but he has no right whatsoever to treat you badly even if you disagree with him to the tune of 100%. In case you need any further assistance, then you must consult Vidhikarya immediately.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
She lives in Hassan, I live in Bangalore but she filed Domestic violence is in Mysore. the only reason they are giving is register marriage is in mysore which happened in 2007. Can I file for Transfer petition in High court Bangalore to transfer it to Bangalore or Hassan, because Mysore does not have jurisdiction(section 27 of DV)?
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A. Dear Sir, As per your post since Mysore does not have jurisdiction, you need to file a tansfer petition in Mysore court praying for transfer on the grounds of lack of Jurisdiction.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Anonymous

Posted 10 months ago

I am a 22year old unmarried girl , I was in a relationship with a guy from past 3years and ds was my 2nd relationship. Previous I was loving a guy and due to alcohol effects I lost my virginity and we broke up with consent from both the end. Before getting into 2nd relationship I informed him everything and asked him to rethink his decision to love me. He said he too had a love before and he too non virgin guy he too had breakup and he know that pain. So I agreed hoping that he will not cheat. We were living like a husband and wife and 6months we lived in a living together relationship too. Later I asked him to marry me and he started giving reasons and now his parents blamed me for everything and they tuk him away from me. I'm damn addicted to him , I love him so much. He played in my life so I want him to marry me plz guide me how can I go legally to make him to marry me.
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A. Dear Mam, Very frankly and legally speaking assuming that the guy is also an adult like you, both being adults, you cannot force anyone to marry you unless the same desire is from the other side. Likewise you cannot be forced by someone to marry without your wish as because marriage of Hindus are governed by Hindu Marriage Act and as per the clauses of divorce, if a marriage has been solemnized without the free consent of either of the party to the marriage then the marriage can be decreed for divorce. Owing to the assumption that the guy is an adult, your wordings that "His parents took him away" cannot be accepted. He went with his parents because he himslef wanted to go. An adult cannot be expected to be forced to do anything and if such an act stands true then he/she has the right to retaliate. Concludingly, you cannot force him to marry legally but the same can be done if he too desires for the same.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
Ex wife files for domestic violence after 7 yrs of physical separation Got married in October 2010 as per Hindu rituals in uttrakhand.Ex wife went to training to Chennai in dec24 but didn't return and went to her parental home at Mumbai she got her transfer without informing me....I filled for rcr in feb but she didn't return...I got ex parte divorce decree in my favour in September 2012..N I got married again in 2013...In oct 2015 she filed for set aside..N it was granted by family court in uttrakhand...She also filed interim maintenance...She lost interim maintenance case in 2017 and exparte was again granted in my favour...Now she have filed domestic violence case and maintenance claim amounting to rs 70000 per month...She is filing dv case after 7 yrs of physical separation..She have filed this case from Navi Mumbai...Pls advice...
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A. Dear Sir, You are requested to take a consultation for an advice.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Anonymous

Posted 11 months ago

Dv case now status is disposal of case and contested what does it means and last status was argument
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A. Dear Sir/Mam, This means that it is a contested case which is pending for disposal.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Anonymous

Posted 1 year ago

If I have audio recordings of my husband abusing me n my children, abusing my parents and brothers will these recordings b helpful for my case. I filed case for domestic violence n maintainance. I have medical records. For already done. 498, 323 etc already done in fir. Kindly confirm about audio recordings.
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A. Dear Mam, Audio recordings are acceptable in court of law but it is very difficult to make them acceptable. Please consult for future advice.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
Respected Sir, I am from Indore. We have done Love marriage in June-2011 and have one daughter birth date 29-Nov.2014 and till Dec.2015 not even a single complaint made by her related to DV or Dowry in any police station. Then My wife filed a completely fake Dowry and domestic violence case against me and my family on 28th Jan-2016. In which she left from my home (Indore) to Ratlam (Her Home Town) on 17th Jan.2016 to attend the marriage at Mandsaur. But she didn't come back till 25th Jan.16 while the marriage was scheduled on 19th Jan.16. Actually she used to spend most of the time at her home town and always given excuses to come back even her family also involved in this and regarding same I have already filed a written complaint at Mahila Thana Ratlam just before 4 months of this incidence. She mentioned in FIR that she was beaten up on 17th Jan. at Indore and threw from home without any mobile or luggage while she was using the her mobile phone as she went to attend the marriage so I got all the call details from Telecom company of her number. Also she mentioned that on 23rd Jan.16 I went to her home at Ratlam and beaten her and her family members between 1:00 to 2:00 p.m. while at the same time I was at Indore, was working in my office and I got attendance certificate from my company in which they clearly mentioned that the attendance record as per biometric machine. She mentioned in FIR that I demanded Rs.1 lac from her family while I opened her new saving account in SBI, Indore in Apr.2013 and started to deposit around Rs.4000-5000 on monthly basis. The total amount deposited till Jan.2016 was almost 1.5 lac Rupees and most of the withdraw has been made at Ratlam her home town. I do have her account statement in which all the entries has been mentioned. The case is still in pending status at District court Ratlam and even statement has not been recorded till the time. Kindly tell me the probability of winning this case and I don’t want to spend my life with her as she has completely broken our trust so am I eligible for divorce after win this case. Thanking You
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A. The marriage among Hindus is governed by Hindu Marriage Act (as amended till date) and divorce is granted by the Courts on grounds of "Irretrievable break down of marriage". The incidents mentioned by you may get you divorce from your wife provided that sufficient evidences are filed before the Court of law in this regard. Your case stands on strong footing. Your defences are: 1. Desertion. 2. Mental pain and harassment.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Anonymous

Posted 1 year ago

I have filed an FIR against my husband and in laws and they have been booked under 498, 323, 506, 504. My husband has not turned up for even one session with family welfare committee, as per supreme court directive. He didn't even answer calls on the dates given by the committee. Now my FIR has been sent to the mediation center. I am not willing to negotiate on anything since they have harassed me so much and I have done so much running around to get the FIR registered. Why isn't the police making any arrests or even issuing summons? Have the been bribed? What can I do to initiate action even though 90 days for chargesheet have not elapsed.
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A. Please engage a lawyer.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

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