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Author Topic: Require Help regarding Divorce and DV  (Read 1391 times)

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Offline Abhi19989

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Require Help regarding Divorce and DV
« on: October 23, 2015, 10:16:34 PM »
Hi All,

Please help me regarding DV and Divorce case. My wife filed DV case on us (me and my parents) one year back. Then I filed divorce against her.

She is withdrawing 30,000/- INR per month. I submitted her salary slip and form 16 in DV case. Then her DV interim maintenance got reject by court. Then she applied for session court for interim maintenance. I don't received notice to come in session court yet. When I checked on website, then i found that she applied in session court for interim maintenance. Please help me to what to do in such situation. May I present in session court or wait for notice ?. Will session court give her interim maintenance without my appearance?.

Also one more query, recently she realized that she made big mistake , then she came at office and told me that she will withdraw all cases and wants continue marriage. She and her parents are criminal folks. Then she came at my house and try to enter in my house. When I disallow to enter her in my house, then she brought police officers at my house. But still I disallowed her to enter in my house. Then she went back and filed 498A against us. Now I've following questions.

a. how I'll disallow her to enter in my house legally?. I've filed divorce case one year ago.
B. Will police arrest me and my family members?.  She is not staying with since last one year.
c. How to survive from 498A arrest?

Offline adv.amarnath

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Re: Require Help regarding Divorce and DV
« Reply #1 on: October 24, 2015, 02:02:27 AM »
You should have filed a general diary when she left your matrimonial home. What you did, is correct but you should have make a general diary against her with all certified copy of necessary order of court in DV Act case. To avoid further false 498A case. You still have time to file a general diary before local police station to avoid arrest. If you got a FIR number then get an anticipatory bail from District Judge.

Regarding appeal before Session Judge, it is not necessary to appear until you get a notice/ summon. Try to collect all sort of evidence against her in the mean time.
« Last Edit: November 09, 2015, 03:46:53 AM by admin »
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Abhi19989

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Re: Require Help regarding Divorce and DV
« Reply #2 on: October 24, 2015, 08:34:50 AM »
Thank you Amarnath,

Still I have one more question. how I can disallow to enter in my house legally?. She is not staying with us since last one year. She pressures us through police to enter in my home.  Also what is general diary ?.. Where i've to file it ?.. I didn't receive FIR number yet. Just she submitted application to threaten us. Will general diary help me to avoid arrest ?.

Offline Abhi19989

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Re: Require Help regarding Divorce and DV
« Reply #3 on: October 24, 2015, 08:38:50 AM »
Hi Amarnath Sir,

General diary means police station general diary. Will it help to save from arrest?..

Offline adv.amarnath

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Re: Require Help regarding Divorce and DV
« Reply #4 on: October 24, 2015, 12:20:21 PM »
Yes. I meant it regarding General Diary. You have take an injunction order. You have filed a matrimonial case and also contested DV Act cases and definitely you have been representing by a lawyer indeed.  I do not understood that you said that don't your lawyer  advice you properly or you have doubt on his practice with your case!!
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Abhi19989

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Re: Require Help regarding Divorce and DV
« Reply #5 on: October 24, 2015, 08:14:19 PM »
Thanks Amarnath Sir,

I'm fighting my DV case. I didn't take help of any advocate in DV case or appoint any advocate. I've written my written statement and I've given argument in DV case. Because I know one thing I didn't make any mistake. I've given advocate for my divorce case. When I discussed with him, then he told me that take anti-bell. But at the same time when I discussed with other advocates, they told me that court may/mayl not be give anti bell because you didn't have FIR. I'm really confused about all this tings. So then I decided to take online help.

First thing anyhow i want to avoid to my wife enter into my house. Currently she is threatening us by 498A and other cases. Recently her interim maintenance application got rejected. Now she wants to torture us and earn money. She thought we are really bad folks who wants to spoil her life. She and her parents are criminal folks. When i called then, they recorded my phone calls. They submitted all phone calls in DV case. Few days back she came at home and told me that she've recording of phone calls which we did before marriage. During that time, we discussed how to do marriage, what to do in marriage, bla bla bla.. She have all this things well recorded. We never thought my wife and her parents have such cruel mentality.

I gave good offer for MCD to her and her family. They are demanding huge amount which i can't afford. They want to sell my all property and give money to them. Even one day her parents came at home and told me that sell all property and give us money.

They want to use different types of weapons to pull money from our pockets as like 498A, DV bla bla.. I hope now you understand why i'm asking all this question here because currently I'm not taking help of any advocate. I'm fighting all the cases.

Anyway thanks your for help and support. I'll check regarding General Diary and give application in police station to save from unnecessary arrest.

Thanks a lot for your response. You r great person whos is spending time here and replying to queries.

If I'll be in Kolkatta, then definitely I'll be meet you.

Anyway have a nice day.. Take care.

Offline Abhi19989

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Re: Require Help regarding Divorce and DV
« Reply #6 on: October 24, 2015, 08:34:07 PM »
Hi Amarnath Sir,

When i discussed with advocate, then he told me that legally we can't disallow her to enter in your house. Is it true ?..

Offline adv.amarnath

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Re: Require Help regarding Divorce and DV
« Reply #7 on: October 26, 2015, 09:30:55 AM »
Definitely Not..... you can get injunction order if you file a matrimonial case. In support of your contention you must collect proper evidence regarding your wife's present address. Further phone call recording cannot be easily admissible in the court. You must deny and put objection at the time of production of same.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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