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Page no : 2

Tajobsindia (Senior Partner )     12 April 2013

 

Originally posted by : Help

 

Well in that case what I can sense is it's only a woman's reposnibility to take care of child and not husband's.
Take: Well that is your understanding and not consistent with Law is all I am allowed to say.

Isn't husband a able bodied to look after the kid too, who gives him right to run away from his repsonibility, from past 5.5 years he did not even check once about the whereabouts but that is fine for everyone however asking for our right turns out to be greedy, money taker,able bodied etc etc etc for all.
Take: When emotions – sentiments clouds a persons mind he deviates and hits on ‘able bodied’ concept! Your brief says whatever the lady has filed has not been Servcied yet to her husband - right. First get Notice Serviced to him. If not able to Service then get him declared PO ~ Proclaimed Offender, only if ex part Protection Order under various claimed (prayed) Sections of DV Act your party (DIL) is able to convince Court to pass Order upon. On you rnext sentence in same sub-para, I never used these adjectives while replying to you, you are mentioning these under spell of emotions-sentiments which I find natural coming from party who wants instant justice where as civil – quasi civil laws are adversial in nature and meant for testing litigants patience limits also be known under DV protection order to be passed (must) in 60 days did lady's Advocate achieve it - NO, so donot garner social support in guise of making a Legal query due to someonce failure to achieve legal remedy as prior promised! .

Husband stays aborad, family stays in posh locality and having fun , entire family goes for holidays abroad that is fine for everyone but giving daughter's right to her is not acceptable.
Take: This is the family with whom marriage was agreed upon for the lady - by the lady 'once upo a time' and it is natural before and or at any time during marriage they were still living in posh colony r/w going overseas on holidays till husband finally started living overseas attending to his business calls, so ‘what is change of circumstances” is what needs to be plead in Court of Law not thse wizardry filled with emotions-sentiments !

You are asked to leave your job/career after marraige is fine but when such things arise wife becmes able bodied to support self and daughter.
Take: I would suggest you to stick to your own brief and atleast I did not say so and so, hence there is even no point allowing other repliers to generlise your brief. You are leading other repliers to speculate on lady's brief and inturn you as queriest will get badly hit for a reason this is discussion forum and controlled discussions are not every body’s cup of tea, so then donot complaint about quality of interaction you would receive ! .

There are so many cases wherein 498a etc are filed in that is not done here because reconciliation is what was and is awaited. Isnt this a fair chance given to opposite party.
Take: Then wait / coax up the lady to await for outcome of Court and for the same in my opinion DV Complaint is not filed for reconciliation and for the same (reconciliation purpose) there is a particular Section under Family laws called and used universally referred to as S. 9 HMA. Someone somewhere bluffed your lady (DIL) in Chamber discussion is my observation now to sum up your this sub-para whether you like it or not but fact will be looked down history line in only this way!

How much is the HR that a person gets, just 6500 or something and how much is the rent in today's time 17 k. Law says equal right of wife and daughter to stay the way husband lives, what would you say here??
Take: In Delhi at Dwarka suburb as illustration which is posh young middle class upwardly mobile locality one gets 1 BHK with attached W/c next to Metro Station for Rs. 3.5 and like my granny used to tell us when we were kids the moment “I pet an Elephant I have to make size of porch bigger”; so I still request you to stick to brief and ask us querries related to brief instead of puring Asian cultures brush with Family Law issues solution in garb of solving your lady’s (DIL) query.

 
1 Like

Help (none)     12 April 2013

@Tajobsindia:

I did not say that you had use any adjectives or something..I dont undertsnad why u r taking it personally and if ur child is studying in one school , u'll change her school to dwarka so as to get 1 bhk for 3.5, , ..My question was isnt wife and dughter entitled for the same life style??????

The term able bodied was taken from your posts only and wait for serviced when he is not even presenting infornt of court nd the FIl had laready mentioned that whatever is he earning goes towards his expenses abroad..

DIl has waited for 4.5 years then you are saying about being impatient.

I was giving all the facts that were mentioned in an application during filing the case(and not briefs etc, I am sorry but I dont understand these jargons that well) so that the suggestion can be given accordingly.


 

Tajobsindia (Senior Partner )     12 April 2013

 

Originally posted by : Help

 


I did not say that you had use any adjectives or something..I dont undertsnad why u r taking it personally and if ur child is studying in one school , u'll change her school to dwarka so as to get 1 bhk for 3.5, , ..My question was isnt wife and dughter entitled for the same life style??????
Take: I didnot take it personally, had I taken it personally I would not have cared to engage in replying to you at all so many times as my self limit is 3 replies maximum to a thread post and I purposefully exceeded in this post As far as question of transfer child to Dwarka and me is concerned, honestly, If I am this lady and child with me and earning same earning as in working in a BPO having same age as this lady the first thing I would do is to shift to Dwarka and take THAT 3.5 accommodation for a fact child is in Nursery / just entered School and Dwarka also has some of the most expensive and best International class Schools which South Delhi or posh city (downtown) may have and use my natal home address as my address for any Court purposes and not Dwarka address AND
secondly for a reason I being a lady (as being made out while replying is what I mean) has woman instincts and can guess my husband who is run away to overseas is not to come back so soon and rejoin me so finances has to be balanced till a Court decides on my application (rights) or my husbands gives back my rights - all these Law does not teach me or any middle class person it is called street smartness which one learns watching these K series sari, sindoor, glycerin soap operas or gossiping with my female friends in Tea Parties which I being a woman has more access too (so Sir please don’t jump uncalled for guns upon me). As far as entitlement concept is concerned, my dear Sir, that concept is Civil Law concept and us done while adjudicating HMA petitions and not under DV Act complaint cases for godsake get some basic cleared !

The term able bodied was taken from your posts only and wait for serviced when he is not even presenting infornt of court nd the FIl had laready mentioned that whatever is he earning goes towards his expenses abroad..
Take: Read some more of my posting why take a pause at only 'able bodied concept' ! For he not accepting Service there is a legal remedy that is called 'proceed ex part' . FIL I repeat FIL when lady's husband is alive is NOT I repeat not responsible for maintenance for DIL and grandchild at all as no such Law there BTW where did you read in any of my previous post all these !!! 

DIl has waited for 4.5 years then you are saying about being impatient.
Take: Sir, shelf life of Family case is anywhere between 4 - 7 years. In reference to context it is better I donot speculate PERIOD

I was giving all the facts that were mentioned in an application during filing the case(and not briefs etc, I am sorry but I donot understand these jargons that well) so that the suggestion can be given accordingly.
Take: For a change after a long time the communication I undertook with you is in simple laymen's language. Take print out and get it verified by any social person of repute in your locality OR with a Officer of the Court (advocate) only one thing oozes out that the replies are generic with minor hint of Law. But assure you and queriest like you in future I will reply one lines so that makes sense when long paras are not making sense as being reminded to me !

Morale of replies if you allow me to use Legal jagganath (oops jargon) for the first time then it reads down history lane as: “Every metro wife when questioned on wisdom to file DV Act or for that matter S. 498a IPC r/w S. 406 IPC she admits secretly “while him leaving me I always desired to give him a French Kiss” and when zapped by such secret crush she says “oh I mean reconciliation ji” !!!!

{Last reply – You have been advised just correctly only if you kindly understand value of such advice removing social melodramas clouding apathy towards the lady in query.} 

 

stanley (Freedom)     12 April 2013

Moral of the story 

When advise is given free of cost it is difficult for the person to digest the same  . 

Had Mr Tajobs added a cost to his advise it would easily have been heeded 

Help (none)     12 April 2013

Thanks for replying:

-FIL has responded on behalf of husband that whatever he earns goes towards husband's expenses abroad.(I did not mean FIL income here)

- When I say "ur child" I am just quoting an example here and doesnt mean "You" so pelase dont take it wrong.

Nobody knows what is in future, nobody gets married thinking that they have to come and post all this in future.

@ Stanley.this is an open forum and everybody can post and anybody can answer so please dont use such terms I dont know why things are been made ugly here..

Help (none)     12 April 2013

Thanks for going out of the way and replying

stanley (Freedom)     12 April 2013

Originally posted by : Help

@ Stanley.this is an open forum and everybody can post and anybody can answer so please dont use such terms I dont know why things are been made ugly here..

I have no way said that this is a closed forum or things have gone ugly over here . I have conveyed my freedom of expression and my point of view .

A standing oviation to Mr TajobsIndia for replying 7 times to a single post which he has no where done in the past ;).

Help (none)     15 April 2013

When refused to take the abuse any longer was then thrown out of the house.

When someone is threatened that they'll harm the family and the child(the moment a complaint is filed or a case is registered)  also being second marriage as said earlier too wanted to give time for reconciliation.

Help (none)     16 April 2013

My first line is :

When refused to take the abuse any longer was then thrown out of the house. DIl dint walk out on her own.

 

In Laws are very much against of getting her and her daughter in, as per them she is earning enough to support plus they have nothing to give her as she and daughter doesnt have right moreover the son stays aborad.

Would she be entitled  for maintenance and support, though she is earning but it is less then her husband. What is heard is in some countires you do  not get PR and one cant buy property and assest on there name. In this case also all the assest bought are under someone else's name as told by husband , how would one know that the proofs he is submitting for his income are genuine or correct

Help (none)     22 April 2013

India is much safer now for females with the introduction of vouyersim and stalking being introduced recently .

 

This is what Mr Stanley wrote few days back when said how safe is this place for females.

Can Mr Stanley please share some thoughts now on the recent case of rape with a 5 year old. 157 Rape cases registered since Nirbhaya's case. 58 international players refused to come to India for the match. These are the cases which have been registered and highlighted number of cases are there which doesnt even come to picture...Where did introduction of voyerism and stalking go??????

stanley (Freedom)     22 April 2013

@ Help 

Women have a lot of tools in their hands with the introduction of the protection of women domestic violence act , 498 A , and than stalking, vouyersim . And they are at liberty to file false cases and their word is taken as the gospel truth with no punsihment being awarded to them . Go read the Dv act and see what this act states just section 21 of it . without even considering the welfare of the child she abducts the child legally  and than come back over her and tell me something different  . The women grabs custody of a child and there is no provision for the man to fight back since the law is gender biased .

I dont know whats the Hype you are creating by Nirbhaya's case there were much more violent cases earlier than this and i dont understand your problem .

Why dont you go and sit on a fast unto death like Anna hazare . Did corruption end  is my question to you .you only seem to be concerned about women hence that was my reply to you . Now have you ever thought of the no of males commiting sucide .The no of children growing up fathereless . When it comes to women you and the media hype it out but when it is a man you and the media remains silent may i ask why ?? .Arent they human beings or is their life worthless .

you seem to be just blowing your trumpet  with each and every case being reported by the media as though rape never existed before . The media has a duty to fill their pages and report everything as shocking and breaking news in order to survive in the market .My advise to you is go join the police force or the judicary and get justice to them or if you are so intelligent why dont you pave the way by showing how can rape be prevented . Just farting is not going to help anybody . But giving a solution to the problem is of help . Can you ?? candle light marchs oops sorry candle light dinners what did it do . Did rape stop is my question to you .  

I have also seen the greed in your query DIL is earning 40 K and yet you are seeking how can she can claim  maintanence for her self . I assure you she will not be able to get a single penny for herself but only she would be able to claim maintanence for her child and that too it is co-extensive . Provided corruption does not prevail :(

1 Like

Help (none)     23 April 2013

@Stanley

Males like you are the ones who have made the society difficult to stay. For you its so easy to say that rape occurs, it was never highlighted earlier because women were forced to growp up like this, whatever happens just keep your mouth shut.

Till the time they were taking all the violence from male folks it was good and all were happy and when now they are educated and have guts and rights to fight back is the probelm for guys like you. Such menatlity people are the ones who have created this difference of male and female .Corruption would never end if we continue having such people in our country.You are so concerned about men, tell me how many guys have been victim of rape, or did you ever hear that a girl was caught eve teasing, girl passing lewd comment on a passing by guy. I am not favoring any gender here, I would have equally raised up my voice had it been a guy who would have raped. Rapes can stop if people like you start respecting women and stop using them as an object. I am not gender biased as you are and I believe not all male folks are biased and have such thoughts about women as you are, otherwise we wouldnt have seen any guy protesting for theses cases. If you see the ratio of men is more then women in these protests

DIL is earning 40k or 400k she still has right for all the facilities that she is supposed to get and she'll be getting it no matter you keep telling guys how to prevent from giving maintenance etc.

Help (none)     23 April 2013

""Go read the Dv act and see what this act states just section 21 of it . without even considering the welfare of the child she abducts the child legally  and than come back over her and tell me something different  . The women grabs custody of a child and there is no provision for the man to fight back since the law is gender biased """.

 

Well There can be cases where father really wants the custody but dont forget there are number of cases as such as well where fathers havent and dont wish to see there children. In this case as well the child is 4.5 years old and till date the father didnt even come and see the child. What would you say here???The problem is you see what you want to see, you seem to have studied law, so do you think all the laws goes in favor of women only, there are lot of cases which have gone against them too.

Court also believes on proof and in this forum i have seen number of times advice given to male folks on how to show the liabilities so as to avoid giving maintenance etc. Lot many highly infuential families are there and when it comes to  maintenance then they show son as working in some company for just 20k etc etc etc.How much is the maintenance given 5k, 10k,15k, do you think this much of money is enough to survive for a middle class family?

Ifyou are victim of 498 doesnt mean that everybody would be

stanley (Freedom)     23 April 2013

@ help 

Just blowing your trumpet on me is of no use .if you are unable to digest my words have a drink and relax it would soothe your mind and your body and the bill is on me  .your only concern is maintanence for your Dil thats your case and i am no where concerned how you go about doing your job pleading or begging. your consept of Maintanence is  to have a lavish life style at the cost of the husband inspite of the DIl earning which rather amuses me..you are unable to advise or answer my questions as to how rape can be stopped dont blame me for what reply i give .Hence all you are doing is farting around here on this forum .We too have sisters and we respect them . 

My Advise to you is to garner support and start a protest at jantar mantar and ask the government to start a social security system in india which would see your demand of all facilities being met .

I dont intend to reply and waste my time with your posts hence this is my last reply .

ROTFL 

Nowdays woman marries claims maintanence from first husband takes Divorce marries once again and once again seeks maintanence which is just your case you seem to be into money abstracting racket not satisfied from the first you are on to the next ?? .The very institution of marriage is broken down by such women . 

 :(

I am sound enough to tackle gender biased laws and dont need your advise of protests lol;) its rather you are the one who is comparing the ratio in terms of protest organised .

Just farting around in public forums and seeking maintanence for earning Dil married twice who has a means does not change the situtation  .Now if you are a man of your word Use the law and attach a certified copy of the order stating  DIl got an order of maintanence for her  and it should not be exparte .As for the child she would get maintanence .

Help (none)     23 April 2013

That would be gud enuff for you Mr Stanley. You are asking me how to stop rape, change your mentality and other sick people like you and the rape can be stopped.

If you are so frustrtaed about all these laws made,why dont you go ahead ,protest and stop the laws. It's easy to raise fingers on others however dont forget there are rest 4 fingers pointed at you too..

You feel it is begging I feel it is one's right , you said you have sisters still you have such  thoughts then all I can say is Lord save them.

Had it been the case of spending lavish life style with husband's money then my DIL wouldnt have waited for good 4.5 years for this life style..

God forbid if something like this happens with any female of your known then also blow the same trumphets and try and feed them on your own rather then begging and say the similar things about Law coz as per you even they would be misusing 498, DV's etc.... RIGHT


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