If i want to to move court for a restraining order against somebody , what are the relevant provisions for it ?
please give complete analysis.thank you
priya (student) 12 June 2011
If i want to to move court for a restraining order against somebody , what are the relevant provisions for it ?
please give complete analysis.thank you
Roshni B.. (For justice and dignity) 12 June 2011
is it against your dad's keep?
priya (student) 12 June 2011
Ya it is against her...and i@onlytruth she is genuinely concerned and not irrational..i dont know why people fight in LCI like children?
i am not planning to do it now but few months later...till then i am preparing to get evidence like recording phone call when she calls and getting call detail list..
i was not prepared last time when i could have got much more against her but now i want to be ready to take evry oppurtunity.
and one more thing pls LCI members dont fight!
i m in CA final n i visit CACLUBINDIA...there i have never seen people fighting like here..i mean ya constructive criticism is ok..but here everyone takes every oppurtunity to belittle someone.dont jump to coclusion about someone so quick.
gaury..fight to win (Education) 12 June 2011
Priya, u r right that LCI members fight very much.But things and cases are different here than that of CCI.
Here almost every body is a victim of owns personal lives.So cant tolerate particular things.
"Keep" is a very controversial word.
Though I am a woman I did not mind Roshni using that word.Because my life is also ruined by a KEEP of my husband.
Here you told about phone call recording.But this is illegal.How will you do that because it can be done through very high authority of police and those calls are allowed to record which cause threat to national security.(as per my knowledge)
priya (student) 12 June 2011
Illegal!
i will PROVOKE her to threaten me (although i wont need to) and when she says on phone any threat or anything i can use against her, i will record it and it is in no0 way illegal and even if it was illegal i wouldnt care coz what she is doing is more "illegal" than what i m doing!
Gaury arent u doing anything against her? take the thing under ur control or it will worsen as time goes by...i have suffered n suffering.
gaury..fight to win (Education) 12 June 2011
Oh you shall record when she will call u.I thought you will do that servise provider....lol..
my family life has already finished.My hubby used to beat me and whenver I opposed his affair he used to tell me..'if u dont like these then why dont u leave me?'
he one day left me with two kids and started living with parents and openly continued that affair.
DV is going on.I have gt interem res order.Mediation failed.He cant live with me as i torture him mentally!!!
Only remedy is Divorce and remarry!!!!
Roshni B.. (For justice and dignity) 12 June 2011
thanks gaury and priya for understanding me.
people keep fighting that a more respectable word be used for such women.
but go & ask any wife how she feels when this lady breaks her home?the society,instead of helping her sue this lady, provide her protection and maintenance.
we shud perceive things from the point of view of a wife whose home is broken by such a woman.then only we can understand how hateful such women become
priya (student) 12 June 2011
really sad to see these KEEPS(i will say whatever term i want!) ruining a family...there are many feminist activists who fought for dahej-pratha and all,its time they see this happening everywhere and do something against this!!!
This is not only ruining a woman but also her family and relatives as well...
you know what,i am sending an email to indiaagainstcorruption that something should be done about this..and also kiran bedi..she would atleast see the rise in all these activities....gauri u also send ur problem to her and those affected also nd roshni if you have a data or anything suggesting there are lot of these immoral activities happening (u r in LCI more so u cud know thru many posts that have been posted in past), please send it to her...if there's someone that can do something, its kiran!
kiran@saferindia.com
site - https://www.kiranbedi.com
Tajobsindia (Senior Partner ) 12 June 2011
@ Author
1. ask your mother to file an Application under O 39 / R 1 CPC restraining HER to not to be 500 mts. from matrimonial home and two for HERZ no-contact whatsoever nature with her husband i.e. your dad. The evidences you will collect / submit is the operation ward room sharing of HER as your dad's companion, HER cell phone no. call records on your dad's cell phone no., proof affidavit of neighbors stating HER force entry to your mother's marital home on and off to disturb marital life of a marrital lady read with prime facie cause of action to destroy a married lady's marital life. 'Emotions' and 'sentiments' of women works wonders in such scenarios.
2. The Notice will be served upon her and your mother's side need to press for above. Your mother will succeed.
3. Post announcing said Order Execute the Order upon her and then she will not be able to be in touch with your dad. If she violates the Restraining Order then she can be sued under Rule 2 of same Order under criminal law as well as penalised by fine too.
4. Post above watch ‘extra’ activities of your dad and this time if he is contacting HER then ask your mother to approach again a Court with same above application this time to restrain your dad to make any contact with HER. If he violates same Rule 2 of same Order under CPC as above applies.
See the logic behind above gyan is that anyhow your mother's life is no better without or with HER presence in her marital life but you two kids are young and especially I noticed you are here from last couple of months as per my observation due to first your mother's silence and second due to your and your brother's future / marriage / family name and honor issues etc. and with above civil application the relationship of your mother is not going to deteriote much worse with your dad than what it is at present but social prestige read as SECURTIY to three parties (your mother and two kids) will be achieved from HER.
Co-ordinate a in-chamber discussion with jurisdiction Advocate(s) and press civil laws as suggested above.
BTW, I am not surprised few women authors adoptability to word "keep" which is to say, when they are hit by a KEEP they say usage of the word in general public is all right but if they are not hit by a KEEP then huge hue and cry was witnessed before Lordships Bench the other day on usage in a court of Law of such word. However this remark is besides the main brief of yours and just a passing thought I feel I must press here to complete the gyan !
priya (student) 12 June 2011
THThank you ...I like the way you give the answers :)
just like we answer the practical problems of Audit and Law papers( CA )...pointwise first provisions then current case and conclusion .
yes Mr.Ta I do have a problem with her, if he does want to keep her i cant stop him,but i dont want her presence in mine ,brother ,mother or any future so thats why i will take this step...and A KEEP is a keep ...she cant be respected , and i have no problem in saying her this and why not...you cant call a THIEF as a `Borrower without permission"!!!
Isnt it?
Tajobsindia (Senior Partner ) 12 June 2011
"you cant call a THIEF as a `Borrower without permission"!!!"
Ha ha I am learning the lingo lady….
You are a CAT here not a learning CA = Chartered Accountant Teenager
All the best now suggest to get out of here and do some thing about IT before Ld. AGI hears public favouring the word KEEP for which she fought heals up and shouting before Lordships Bench the other day just short of throwing table and chapel at THE ld. Bench……
Roshni B.. (For justice and dignity) 12 June 2011
Originally posted by :priya | ||
" |
really sad to see these KEEPS(i will say whatever term i want!) ruining a family...there are many feminist activists who fought for dahej-pratha and all,its time they see this happening everywhere and do something against this!!! This is not only ruining a woman but also her family and relatives as well... you know what,i am sending an email to indiaagainstcorruption that something should be done about this..and also kiran bedi..she would atleast see the rise in all these activities....gauri u also send ur problem to her and those affected also nd roshni if you have a data or anything suggesting there are lot of these immoral activities happening (u r in LCI more so u cud know thru many posts that have been posted in past), please send it to her...if there's someone that can do something, its kiran! kiran@saferindia.com site - https://www.kiranbedi.com |
" |
I got your mail
i am unsure if this e-mail ID is the right place to send your grievance for the law's amendment.But you may initiate the process by sending a mail here..I appreciate your efforts.
I guess a PIL will also have more effect.
Before the PIL,ask the women in LCI who have been hit by their husbands' affairs but cant take any action against him and the "other woman",to cooperate with you and sign the petition.They can also send their problem requesting for amending this law.
Side by side,you can personally start meeting other wives also who are hit by such a problem.Because no wife will remain cool when her husband has an affair.She will really really hate this "other woman" who is pampered by feminists and these laws.
U can come across such wives in legal aid NGOs,legal aid centres etc. that are fighting for abused/deserted wives.I am sure most wives will be facing such a problem.
Look, amendment is not just about punishing these women only if the wife commits suicide.They must be piunished even if the wife is alive,but facing distress and agony because of her presence.Each day will be a death for her,which is far more torturous than a sudden death.So denying maintenance to them,separate residence to them,etc.& various other reliefs esp. when they willingly get into relationship with a married woman must also be the objective of amendment.We don't reward anyone money and house when he breaks a home.Do we?
If a lawyer is reading this thread,he can also guide us how to start this process.
priya, roshni, gauri:
I have had so many passes made at me by married men, that I really fear marriage. People who otherwise seem mature, wise, successful, intelligent to me suddenly shake up my faith in the institution when they make a pass and then act as if I imagined it. Yesterday, I nailed a guy (who had been hitting on me) on chat, quoted him and said "How can you interpret this in any other way? You do want a physical and emotional relationship and you have explored your opportunities with me." Then they try to sneak out by saying that they were not forcing me. I told him I have no problem with him cheating on his wife, but his chances with me are not too bright. Because I do intend to marry one day and I will have no right to judge my man if I mess with a married man now. But for every married man who cheats, there is a woman he is cheating with. what a sad situation. I feel that any of these men who hit on me could have been my husband - they don't seem abnormal or stupid or immoral. Yet they don't even think that cheating is wrong!
Roshni B.. (For justice and dignity) 13 June 2011
I have also faced similar problem of married men making passes.i admire your effort of not getting hooked up with them.
but in so many cases women get hooked up with them.why?dont they have a self control?dont they feel guilty that they are spoiling a wife's life?
it takes 2 to tango.right?
thus,not all women get hooked up with them.some do.some dont.it all depends upon ones' upbringing and moral values.
that's why i always said that laws shud give options to a wife to punish not just the husband but also his lover.
in many cases,the man is willing to return to wife.but then the woman who's hooked up with him wont let him.if he still succeeds,she will misuse all those laws to get maintenance,separate residence,etc.why?is she that innocent?she willingly got engaged with him.so why this drama of abla naari who was exploited by him and therefore she needs his support for survival?
if it's a rape,molestation or kidnapping case,then she can claim her innocence was exploited.but here she was not innocent.so she has no right to claim anything.
it's like someone telling me:i have found the credit card of this rich businessman.lets use it to buy expensive stuff.then we will share on a 50:50 basis.
now if i participate in that fraud,i am equally guilty and cannot claim innocence later.i cannot say that he inspired me to do it.so i did it.now i am an equal party in this crime.so along with the person who started this fraud,i must also be arrested for being an equal party.on wot grounds shud i be spared?