Inlaws harassment
Hi my sister in laws are harassing her, her husband left her .My sister is currently living with my parents (Single mother). He is not ready to move in together . My parents are residing in Ghaziaba
2 years ago
A. She can file case in Delhi or ghaziabd or any other place If the marriage is solenenised at any other place other than thses two. Before Filing case, Please take advise of a advocate , matter can be solved outside the court. All cases are different and so action may vary as per the situation.
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Vijay kr Arora
Ayantika Mondal @ Prime Legal
Domestic violence by father
My father have affair he beats my mother some days ago so we filled a case but he is out on bail now he said he will beat us and will give all the property to that lady As i am doing mbbs from foreig
2 years ago
A. Hi,
For Cruelty, he shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine as per section 498A of IPC. You can file a police complaint about such threatening.
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Ayantika Mondal @ Prime Legal
Extra marital affair
Posting on behalf of my friend My friend is married and has a kid but her husband is having an extramarital affair and her husband stays with that lady. My friend doesn't want to divorce her husband.
2 years ago
A. Hi,
Adultery is no more a crime in India so your husband can't be prosecuted even if you file a police complaint. You can talk to your husband or appoint a mediator and solve this issue.
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Ayantika Mondal @ Prime Legal
Lucem Leg
provoking case
Dear sir/madam my aunty(ashu) want to take property from her mother as gift deed, but her mothers sons wife(haseena) is not accepting and saying that she will put an domestic violence case on whole f
2 years ago
A. Hi,
Your mother can transfer the property to anyone she likes. Your aunt can't raise any objection to it as she does not has any right to do so. In case of such threatening, you can file a police complaint.
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Ayantika Mondal @ Prime Legal
FALSE COMPLIANT LODGE BY MY WIFE
In 2013, I have married to a girl whom I loved during college days. This was a inter caste and love marriage. Last to last year, my father have serious kidney attack and he had to get admitted to Hosp
2 years ago
A. Hi,
You can defend yourself in court by claiming that the accusations brought against you are unfounded and untrue. If the wife is unable to agree to a mutual divorce, it is preferable to file for divorce.
Thank you very much.
Ayantika Mondal @ Prime Legal
Quashing of Domestic Violence case and 498A
Hi Sir, I have applied a quash petition (DVC & 498A case) in Feb 2019 where in i had solid evidence to prove that my cases are false. I have a CD wherein my wife's father demands 10-15 lakhs for
2 years ago
A. Hi,
You can't criticize the judge. It will amount to contempt of court. Instead of that if you are filing a complaint in higher court with a good intention, it won't amount to contempt. You have no option to choose a judge for giving judgment in any court in India.
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Ayantika Mondal @ Prime Legal
Want to know which type of cases of a live-in relationship will court accepts
A 23 years girl had one relationship, she broke up with him and went into second relationship with another guy. In second relationship, the current lover asked the girl to give money, she took loans f
2 years ago
A. You will have to rely on Judgments in such matters as no law provides specifically about live in relationship in India except for prevention of domestic violance law formed in 2005.
The Supreme court had in its decision in Lata Singh vs the State of U.P. provided that a live-in relationship between two consenting adults did not amount to any offence, with the obvious exception of adultery, even though it may be perceived as immoral.
Also in case filed by actor S Khushboo, the Supreme Court ha ...ReadMore
Vaidehi Samant
Ayantika Mondal @ Prime Legal
How can I cancel ex-parte orders in a DV case?
In a DV act case, judge write the wrong order and said as evidences filed and judgment on the basis of these filed evidences but while I asked for about the said filed evidences by RTI. PIO said nothi
2 years ago
A. You will require to file appeal/writ petition in the superior Court stating your reasons for not attending Court and request Court to strike off the order passed by lower Court and give you opportunity to defend your case so as to decide the same on merit. If you have found this answer helpful than provide review and give ***** as appreciation. Thank you.
Vaidehi Samant
Ayantika Mondal @ Prime Legal
Regarding DVC Case Quash
Can DVC Case be quashed in High Court ? Some of them are telling that only FIR's can be quashed but not DVC case under sec 482. I have searched the net and could find that DVC can be quashed. Still h
2 years ago
A. Dear client,
DVC complaint cannot be quashed by Highcourt. You have to file discharge petition in trial court to discharge the DVC. If the trial court is declining make an appeal to the sessions court under section 29 of DVC Act you will get discharge order. But first respondent may not get discharge order only family members of the respondent may get it.
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BANDARU RAJYA LAKSHMI
Ayantika Mondal @ Prime Legal
Domestic Violence and Mental Torture by Husband
Husband has Extramarital affairs. Wife is subjected to physical and mental torture by husband and mother-in-law. He compelled his wife to leave her matrimonial home. And now he is going to organise a
2 years ago
A. Dear Sir,
Such ruling of village Khap Panchayat is not binding upon the wife. Under the law the married wife may file domestic violence against her husband, his family members and also the members of village Khap Panchayat.
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