Mental Harassment
Mental Harassment
My husband traumatises me every night calling me at odd hours and sends messages threatening me. We live separately due to covid restrictions.
2 years ago
A. Dear Client,
You have the right to file a police report against your husband at the local police station under section 498A of the Indian Penal Code, 1860, as amended up to date, for the mental torture and cruelty he has perpetrated against you. On a proof, he will be sentenced to a maximum of three years in prison and a fine.
Thank you!
Advocate Sinjari Bandyopadhyaya
How to get a bail
One of my friend is been stuck in a case dv act, with multiple other charges along with IT 67, it's been 5 years the case was filed by his wife but he never attended a single hearing cos of the life t
2 years ago
A. Dear client,
I cannot definitively state whether or not your friend will receive a bail. However, if he were to prove that his mother is financially dependent on him and if he is the sole earner then that may lead to a higher chance of him receiving bail.
Thank you.
case referalls
A person has a DV case filed on him and the base of the dv case is a reference of another cyber case where the cyber case is still goin on and no outcome is decided yet. is there any law that allows a
2 years ago
A. Dear Sir,
Each case has its own significance depending upon its seriousness.
Misbehaving with people by Unofficial rules
Person acting like serpanch in my village but actually his wife serpanch. with that power he is misbehaving with people.
2 years ago
A. Dear Sir,
You may lodge complaint with police or file private complaint directly.
Need to know case status
I am being separated for last 5 years, my x filed a domestic violence case and I am not aware of it. I haven't got any court notices. But while checking the status, it's showing as exparte evidence.
2 years ago
A. Dear client,
ex parte evidence means that the case has been progressing without you and it is currently at an evidence stage. Also, as it is about the domestic violence case, it only deals with it. Thus, no divorce has been granted.
Thank you
Advocate Sinjari Bandyopadhyaya
Appeal/revision for interim order in DV act
Sir/Madam, Iam gonna file for appeal against interim maintenance order (12,500/month) granted in DV act-2005. Pls suggest the section to be used - my advocate & court sherishtadar saying in case to c
2 years ago
A. Dear Sir,
You have to consult the court/consumer forum staff to know exact sections to be mentioned.
I could have explained more if background is known to me.
Please give me FIVE STAR if satisfied by my answers.
Advocate Sinjari Bandyopadhyaya
Domestic Violence
I have been married for almost 3 yrs now. I don't have a kid. My husband has physically assaulted me many times. On one occasion he hit me while I was driving the car. He pulled the handbrake right i
2 years ago
A. Dear Client,
As this is a clear case of domestic violence, you need to first file a complaint at the police station. Secondly, you can apply for a divorce on the basis of mental and physical cruelty with mainenance.
Thank you
Unbonding with wife
Hi, My brother-in-law got married in 12-Mar-2021, since 14-Mar-21 his wife forcibly to separate living from his mother and sister. In May, his wife filed a compliant in women cell and decided to separ
2 years ago
A. Dear Client,
Yes, your brother can opt for divorce as it is settled precedent of Supreme Court that if wife file fake FIR and the allegation are proved false and baseless, the husband can take divorce on the ground of cruelty by life partner.
Thank You.
Advocate Sinjari Bandyopadhyaya
Monthly allowance
My husband is not giving me money for my monthly expense?what can I do in order to get it?
2 years ago
A. Dear Sir,
You can file maintenance suit under Section 125 of Civil Procedure Code as follows:
Section 125 Order for maintenance of wives, children and parents.
(1) If any person leaving sufficient means neglects or refuses to maintain-
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child ...ReadMore
Advocate Sinjari Bandyopadhyaya
DV case quashed under false grounds
I have filed DV case against so called husband,mil and fil by september 2016 and got interim residence by oct 2016.But HC quashed my DV case against the so called in-laws stating there was never a dom
2 years ago
A. Dear Client,
You may use the same argument to have your mother-in-law's Domestic Violence case dropped. However, they may argue that because a finding was made by the High Court, you are in possession of a dwelling that is not your matrimonial home, and so orders may be made against you. Alternatively, you could submit an appeal against the High Court's orders quashing the domestic violence case you filed. Let us know if you require any further assistance.
Thank you!
