Dv act 2005
Vij
(Querist) 02 February 2016
This query is : Resolved
Hi my wife has put dv act 2005 against me my father sister mother. I am regularly visiting court. Interim maintenance is been ordered and I am paying amount. Also I asked for visitation right she denied. Also wants to know can jmfc court cant order visitation rights.
Till date I never thought of giving divorcee to her but my wife is being cruel hence I am taking step for divorcee. Also she is not earning neither graduate for betterment of my son future can I get his custody forever.
Awaited reply
ROHIT SHARMA
(Expert) 02 February 2016
1 Every minor child has an universal right to have patronage of both his parents till the child attains adulthood.
2. If your child is above five years then as per section six of the Hindu Minority and Guardianship Act, 1956 you are adjudged as being the natural guardian of your ward.
3. Make a separate motion u/s 26 of the H.M.Act, 1955 in the matter of the divorce petition filed by you and pray to seek custody of your child and also visitation rights till the final disposal of your said such motion u/s 26 of H.M.Act, 1955.
4. You can adduce evidences that you are at a better standing than the mother to take care of your child.
Vij
(Querist) 03 February 2016
Dear Sir
Thanks for your prompt reply.
Also requesting you if could suggest what type of adduce evidence I can provide strongly wherein I can show that I can take care of child completely.
Also when I was married she was just 12 pass then when she came at my place after marriage I got her admission in first year she got cleared took admission for 2nd yr she gave her excuse for not studying further.
Also my child completed jr kg and took his admmission for 1std she took him away. She staying with her inlaws.
She also took away all ornaments given by her parents and my parents.
Devajyoti Barman
(Expert) 04 February 2016
For getting custody of the child you better file suit under Guardian and Wards Act.
Vij
(Querist) 08 February 2016
Hello
In my current dv case which my wife has filed against me and my family father mother sister. I have evidence as recording what all conversation my wife and my inlaws had with me and my wife. How can I present that in court do I have to translate the recorded version in text. If yes pls let me know who can do that where can I hire such 0rofessional from.
Vij
(Querist) 05 March 2016
Hello
Thanks for earloer replies.
Since I have a hearing on 12 march 2016 case is of dv act 2005 and it is at evidence stage this is the first stage unfortunate thing had happen that my lawyer had expired recently. May his soul rest in peace. My query is what is the next procedure. Kindly help pls.
1.The reply which i have done to the petition filed by my wife will be changed as per new lawyer.
2. Also what shall i say to judge on that day.
Thanks
ROHIT SHARMA
(Expert) 05 March 2016
1. Discuss this issue with your new advocate. You can have the recording copied on a C.D. and present it to the court. Do not translate it. You can verbally mention as what the conversation reveals in your examination in chief.
2. Did the court delegate the matter for mediation or not ?
3. Has she been cross examined after her deposition in examination in chief ?
4. Click my name shown in the margin of this reply format if you need to have phone consultation with me and provided that you will be willing to remunerate a moderate sum for such consultation. Pl. send e-mail to confirm fixing of the time for phone consultation.
