mrgop (Owner) 27 July 2010
The divorce case filed by wife in progress in family court. Husband also has filed RCR. Now there are threats from wife's and her family asking husband to agree for mutual. So, how can husband legally prevent wife and her relatives contacting him or his family? Can he file application in family court in this regard? if yes, under wich section? please help
1. Threats are in which format - verbal / email / sms / cell - tel. calls ?
If Verbal - then need witness affidavit for prime facie relief
If by email - printout with HD is sufficient to prime facie get relief for restraing and further file civil / crl. damages suit
If by SMS - same as abv.
If by cell - tel. calls - Recording and follow above
Section 10 FCA, 1984 read with S. 492 / 493 of CPC (I am open for correction on CPC section by Ld. members in above situation)
Rgds.
Arup (UNEMPLOYED) 27 July 2010
YOU ARE NOT BOUND TO CONSENT ON MUTUAL DIVORCE. EVEN AFTER YOUR WRITTEN CONSENT, YOU HAVE THE RIGHT TO WITHDRAW IT.
MR ARUN AND MR PRABHAKAR'S SUGESTIONS ARE PRECIOUS. PLEASE FOLLOW IT.
THANKS TO BOTH.
REGARDING THREATNING - SIMPLY IGNORE THEM.
IF THEY ARE DOING EXCESS, DO'NT HESITATE TO LODZE A POLICE COMPLAIN / FIR.
mrgop (Owner) 28 July 2010
| Originally posted by :Prabhakar (M)9958670740 | ||
| " |
File a civil suit for permanent injunction along with interim relief of temporary injunction during pending of the suit restraing them to visit you or to contact you. |
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Sir, Can I file suit for injunction in Family Court? Or should I go for Civil Court? Anyway I prefer not to initiate a case in civil/criminal court at this stage. So, any options in family court itself for such relief?
F L SHAIKH (JOBLESS) 01 August 2010
SIR,
IT IS A LITTLE SIMILAR CASE WITH ME BUT HERE IN LAWS HAD FILED DIVORCE CASE IN LUCKNOW COURT AND ON VISITATION OF DATE I WAS ABUSED AND THREATENED AND ON LEAVING THE COURT WAS SURROUNDED BY MY INLAWS AND SOME ANONYMOUS PERSONS HITTING ME AND THREATENING ME TO SIGN ON A 5 RS STAMP PAPER THAT I DIVORCE MY WIFE MUTUALLY, ANY HOW I ESCAPED FROM THERE AND CAME TO POLICE STATION NEAR COURT TO LODGE COMPLAINT BUT SINCE MY IN LAWS WERE FOLLOWING ME AND THEY INSTEAD COMPLAINED AGAINST ME THAT I WAS HITTING MY WIFE, I TRIED TO CONVINCE THE POLICE OFFICIALS THAT I AM NOT THE LOCAL AND I HAVE JUST COME TO ATTEND THE DATE AND IAM THE ONE WHO WAS THREATENED BY IN LAWS AND IS ALL ALONE PLS TAKE MY COMPLAINT AND THEN THEY BRIBED THE POLICE OFFICIAL AND TOOK ME TO THE POLICE STATION NEAR MY IN LAWS HOUSE AND THERE WAS ALREADY SET UP KEPT FOR ME THE STAMP PAPERS, AND THE SENIOR INSPECTOR FORCED ME TO SIGN THE PAPER OR ELSE I WILL BE PURPOSELY FRAMED AS I DONT THE RULES IN UP I WAS FRIGHTENED THAT WHAT THEY MAY DO AS I AM AWARE ABOUT MUMBAI,
PLS GUIDE ME MY LAWYER HAS PROMISED ME THAT HE HAS ALREADY FILED A COMPLAINT TO SSP IN LUCKNOW WHAT STEPS AND WHAT COMPLAINTS I MUST DO TO MAKE MY CASE STRONG AND MY WIFE DIVORCE CASE GETS LIGHTER.
mrgop (Owner) 02 August 2010
| Originally posted by :Prabhakar (M)9958670740 | ||
| " |
You should have reduced what happened on that day on a paper and send it by fax, registered post to the head of police departrment. And with the assistance of your advocate, you should have filed an application on the next day before the court explaining the incidents of yesterday and seeking the nullification of the document showing your consent for divorce by obtaining your signature forcefully. Better late than never. Immediately move such an application before the court nullifying the above said document. You inform the court about the physical threat by way of application. Even though, the court may not provide any protection, it may deter the opposite party to repeat such act again. |
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Sir, Can he file an application to transfer the case to another place ie. the place they lived last? Could he also state that he is ready to come to court if police protection is give?
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