Domestic violence
Reshmi
(Querist) 08 June 2013
This query is : Resolved
hi experts,i booked my husband under dv act scetion12,us23 i want to know that my husband has some recording conversation of me and my father,is recording admissible in court?is sms admissible in court?actually the recoding conatains"that after having kids we will give him posion and me will get the half property like that"and my husband is saying that i have to stay with him otherwise he will not give me any money.will the court give any order that "when husband wants keep you then why r u asking for maintanance"?
ajay sethi
(Expert) 08 June 2013
1) YES recordings are admissible in evidence
2) in DV case you cna claim right to stay in shared household belonging to your husband . if there is threat from your husband you can seek protection order from court .
3)if you are unable to maintain your dsself you are entitled to maintenance . if you have deserted your husband without any sufficent cause and are working you wont get maintenance .
Reshmi
(Querist) 08 June 2013
actually he wants to keep me but i dont.he is asking me to stay with him other wise he will not give any maintanance.in this situation what will happen in the court?is the court order me to stay with him?i have a 3months old kid too.
V R SHROFF
(Expert) 08 June 2013
Let court decide on available evidence. Truth will prevail Recorded sms etc are admissible, DV is a special act, and Magistrate have very wide discretionary power.
ajay sethi
(Expert) 08 June 2013
why dont you want to stay with your husband ? for the sake of 3 month old kid reconcile .
prabhakar singh
(Expert) 08 June 2013
You begin with "i booked my husband under dv act section 12,us23 "
And ask is recording admissible in court?is sms admissible in court? YES IS THE ANSWER. is sms admissible in court?YES IS THE ANSWER.
AND THEN STATE "actually the recording contains"that after having kids we will give him poison and me will get the half property like that"
ASSESS YOURSELF BY YOUR DEEDS.
RAISE YOUR CONSCIENCE .
YOU CAN NOT LEGALLY WITHDRAW HUSBAND'S COMPANY WITHOUT LAWFUL JUSTIFICATION.
R.K Nanda
(Expert) 08 June 2013
agree with experts.
Reshmi
(Querist) 08 June 2013
actually he dont like my parents interference and he abused my father and brother.thts why on 16-06-2012 i came back from my matromonial home after giving written in a stamp paper that i am gng to my home by my own and taken back my jwellerys in front of the police officials and they taken a video recording of the same.and on feb we filed a dv.is that stamp paper valid in court?
prabhakar singh
(Expert) 08 June 2013
is that stamp paper valid in court?
YES!That IS.
In the UNION OF HUSBAND AND WIFE NONE IS EXPECTED TO INTERFERE.Be it FATHER or BROTHER or ANYONE ELSE .
Reshmi
(Querist) 08 June 2013
he beated me two times i wrote tht two in the stamp paper.now also when my father calls him over phone he is abusing he told me that"i cant pay a single penny to u becoz u r staying at ur place.i am ready to go behind the bars.i want to know how many years he have to spent in jail?some body told me that court will also listen to the girls only.is information is right or not?
ajay sethi
(Expert) 08 June 2013
court will hear version of both parties then decide . as on date there is no question of your husband going to jail . he is willing to accept you back . it is advisable to obtain protection orders from court against acts of domestic violence by hsuband
Reshmi
(Querist) 08 June 2013
ok,if he is wiiling to accept me and i am not joining him then i am not entitle for maintanance.
ajay sethi
(Expert) 08 June 2013
depends upon facts of each case . your lawyer will guide you . if you have deserted him for sufficent cause and you are not working you would be netiled to maintenace
