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Need help urgently

Page no : 2

antagonized (unemployed)     03 July 2013

Thank you but do i have to produce the jewelry in court?

Dr. Jyothi Vishwanath (Associate Professor of Law)     03 July 2013

All depends on how the evidence takes place in the court. If the opposite party raises this issue, then the court may ask you to produce the same in the court, in case you still have them. Since the jewellery is very less, you can show that you had to spend them on ur necessaries.

antagonized (unemployed)     03 July 2013

How do i show that i had to sell it off? FYI i had to sell it bcos of 2 reasons. 1st to give my husband 7500 for the airfare and 2nd for my expenses as my parents are in a financial crunch now and even i am not working.

Sadhana Patil (Advocate)     03 July 2013

Yes!

Adv. Chandu give u the right advice and whatever he says about the Section mentioned in its correct and apply in your case.  So first of all i would like to tell u that, file a complaint FIR against your husband as 498-A, as well as Domestic Violence in the court, in D.V. you can charge/demand for permanent alimony or for maintenance, till the divorce.  After completing one year of your marraige you can file for divorce on the ground of cruelty. 

Sadhana Patil (Advocate)     03 July 2013

for u no need to produce the jwellery in the court because after all its all your stridhana which given by your own parents. 

antagonized (unemployed)     03 July 2013

Sadhana ji,

I am referring to the jewelry given by my husbands family.

antagonized (unemployed)     04 July 2013

Yet another query is that my husband is a resident of delhi and i am from kolkata. Our marriage was registered in kolkata. So where do i have to file a case against him-delhi or kolkata? N one more important thing i should mention is that before my husband sent me back, the previous night he forcefully made me write on paper that i am carrying all the gold jewelry with me though he had kept some of it with him. Is there any way i can prove it against him in court? And if i file for maintenance, how much can i claim? All your answers are truly giving me a lot of support. Kindly help me. He has even threatened me that he will destroy my life if i take any legal actions on him,to which i only want to inform he is just a common man with no power or money but still i am feeling scared as he is a very hot-tempered man and can do anything,if not physically maybe verbally or he may post things against me on facebook,etc

Adv. Chandrasekhar (Advocate)     04 July 2013

Divorce case and domestic violence case or Section 125 Cr.P.C. maintenance case can be filed either at Kolkata or Delhi, whereever you like.  Section 498-A case can be filed where the offence has happened and if a part of offence has happened in Delhi and some part of offence has happened in Kolkata, then you can file Section 498-A case in either of these two places.  If it is more convenient to you to file it in Kolkata, then contact your local advocate who will draft the complaint in such a way that the jurisdiction falls in Kolkata.

Next, jewellery even though were given by your in-laws, if given on account of your marriage as a gift, they are called "stri-dhan" and you are absolute owner and you can dispose off as you like and no one can have any say in this matter.  In respect of your giving statement under force regarding taking away of all the jewellery, even though you have not taken all of them, you can write a letter to him by speed post and keep a copy of the same along with speed post receipt indicating that which jewellery was left with him.  Even for drafting for this letter also, I suggest you to contact your local advocate, who can take into consideration of the totality of facts and modulate the tone and tenor of the letter. 

If he attempts to malign you by putting some obnoxious matters on face book, the law is stringent and he will face consequences such as imprisonment and heavy fine running in lakhs, if he is audacious to do so. 

antagonized (unemployed)     04 July 2013

Thank you Adv Chandu. But how much can i claim for maintenance as my husband does not earn much. He works in a call centre n his monthly income varies every month

mohd mahboob (financial assistant)     04 July 2013

firstly you have encourage yourself and mental fits.you have to all option of  file case domestic viloence and maintenance case as well as congrjual right as your life-partner and your are not servants.today your are also claims of half of your husband property.As hindu marriage act 1956 ,all of jeweller are gift on ocassion of marriage to bride as stri dhan.

Adv. Chandrasekhar (Advocate)     04 July 2013

If you are unemployed, about 1/3rd of his monthly income will be your monthly maintenance.


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