Matrimonial Dispute Seeking Relief/ Divorce
Amit
(Querist) 07 December 2017
This query is : Resolved
Dear Expert
I have been married on jul 2011. I've one daughter aged 5 years. I and wife are living separate since 2014. My inlaws had filed FIR under 498A and Domestic Violence case in Agra for my family. We had taken Bail from Agra court and send petition to ALLAHABAD HC for relief. Thereafter we had gone through mediation in ALLAHABAD but in vain. And DV case is going in Agra court. I'm giving maintenance to wife for last couple of years via Agra court.
Issue : My wife & inlaws are not ready for any compromise. Truely speaking they are expecting atleast 50% of our house cost and nothing. They are harassing us continously. I used to go to Agra court regularly on dates but as she is local to Agra she would not come.
Advice : I am seeking legal advice on how to get relief from them. I want divorce but they are not ready. They only want to harass us and looking opportunity to send my wife back to our home for torturing us. I have only mother as my father got expired. I have 1 sister who is married and no brother. Can we get DV case transferred to Ghaziabad court from Agra so that atleast they do not make fun of law & court...and i get little bit relief...?
Secondly is there any way to get permanent relief from them?
They are worst people w/o any sense as they do have any good intentions they want only money from us. They are inhuman and want to snatch our house.
Thanks
Amit
Sudhir Kumar, Advocate
(Expert) 08 December 2017
I have been married on jul 2011. I've one daughter aged 5 years. I and wife are living separate since 2014. My inlaws had filed FIR under 498A and Domestic Violence case in Agra for my family.
YOU HAVE NOWHERE STATED THE CHARGE TO BE FALSE.
Sudhir Kumar, Advocate
(Expert) 08 December 2017
We had taken Bail from Agra court
LUCKY IF YOU GOT ANTICIPATORY BAIL
Sudhir Kumar, Advocate
(Expert) 08 December 2017
and send petition to ALLAHABAD HC for relief.
WHAT RELIEF YOU SOUGHT
Sudhir Kumar, Advocate
(Expert) 08 December 2017
Thereafter we had gone through mediation in ALLAHABAD but in vain. And DV case is going in Agra court.
YOU NEVER SAID IF IT IS FALSE CASE.
Sudhir Kumar, Advocate
(Expert) 08 December 2017
I'm giving maintenance to wife for last couple of years via Agra court.
SO THERE IS ALSO A COURT ORDER ON THIS?
Sudhir Kumar, Advocate
(Expert) 08 December 2017
Issue : My wife & inlaws are not ready for any compromise.
WHAT IS THEIR PLEA AND WHAT IS YOURS
Sudhir Kumar, Advocate
(Expert) 08 December 2017
Truely speaking they are expecting atleast 50% of our house cost and nothing.
THEY MAY NEVER GET THIS.
Sudhir Kumar, Advocate
(Expert) 08 December 2017
They are harassing us continously. I used to go to Agra court regularly on dates but as she is local to Agra she would not come.
YOU HAVE TO GO IN ORDER TO CONTINUE BAIL. SHE HAS NO OBLIGATION TO ATTEND EACH DATE. SHE HAS OBLIGATION ONLY TO COME WHEN CALLED AS WITNESS.
Sudhir Kumar, Advocate
(Expert) 08 December 2017
Advice : I am seeking legal advice on how to get relief from them.
I want divorce but they are not ready.
ON WHAT GROUND YOU WANT DIVORCE
Sudhir Kumar, Advocate
(Expert) 08 December 2017
They only want to harass us
HOW DO YOU FEEL THAT THEY ALONE ARE HARASSING
Sudhir Kumar, Advocate
(Expert) 08 December 2017
and looking opportunity to send my wife back to our home for torturing us.
SHE HAS A RIGHT TO RESIDE WITH YOU AS LONG AS THERE IS NO DIVORCE.
Sudhir Kumar, Advocate
(Expert) 08 December 2017
Can we get DV case transferred to Ghaziabad court from Agra
ON WHAT GROUND
Sudhir Kumar, Advocate
(Expert) 08 December 2017
so that atleast they do not make fun of law & court...and i get little bit relief...?
PLEASE ELABORATE HOW DO YOU THINK THEY ARE MAKING FUN OF LAW & COURT.
Sudhir Kumar, Advocate
(Expert) 08 December 2017
Secondly is there any way to get permanent relief from them?
SUFFICIENT FACTS ARE NOT THERE SO YOUR PROBLEM CANNOT BE UNDERSTOOD.
Vijay Raj Mahajan
(Expert) 08 December 2017
Permanent relief in such case is divorce. Your wife doesn't agree for it no problem, you apply for divorce in Gaziabad court district where you both last resided and which is the matrimonial home.
If you are being asked to appear in Agra court for DV complaint, she will have to appear in Gaziabad court for divorce case.
The DV complaint as such cannot be transferred just like this so best solution is you file divorce case from your home town.
vijaymahajan5758@gmail.com
Guest
(Expert) 09 December 2017
Bravo !!!!!!!!!!!
Mr. Sudhir Kumar has broken all records of Mr. Kumar Doab and Rajendra K Goyal, as of playing a number game by making record breaking 15 number of posts in reply to a single question of a querist to take extra high score at his credit !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Dr J C Vashista
(Expert) 11 December 2017
I am surprised to find separate "word to word" advise by expert Mr. Sudhir Kumar, really appreciating.
Dr J C Vashista
(Expert) 11 December 2017
You have already engaged an able, intelligent and competent lawyer to take care and sail through, why do you need second opinion from experts on this platform except the fact it is available FREE OF COST, providing and choosing bits and pieces of information, which may prove fatal.
Amit
(Querist) 11 December 2017
Thanks Mr Vijay for your understanding and advice can you also recommend good councillor in ghz court who are able, expert & bold and get me divorce?
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DR.VEDULA GOPINATH
(Expert) 12 December 2017
hi
can try Mediation if possible. pl give full details
dr vedula gopinath mediator vgnath@gmakil.com
