Sujay U H (BDM) 23 September 2009

Domestic Violence: Urgent Advice Needed

Dear MEMBERS,

The JMFC Court had passed an order directing me to keep the petitioner in the shared house or arrange a seperate rental house and pay the necessary rent for th same.

Accordingly i arranged a rented house . She even stayed there for 10 months. Now all of a sudden after 10 months she has filed a application in the court alleging that the house is not according to the respondent' standard of living and it is in the outskirts, lot of drunkards are there and it is not safe for her to stay there.

On these allegations she is seeking to enter in to the guesthouse situated in the factory owned by my parents. She is also alternatively seeking to stay in the house where my parents are staying. She had attempted to commit suicide in her parental place which we have establishe in the court by the hospital certificate, We are apprehending risk to our own lives if she comes and stays with me or with my parents. She has made lot of false allegations of cruelty, torture, harassment, dowry demand against me and my parents.

On what grounds i can file objections to this application ?

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8 Replies

Vijay Shah (merchant) 25 September 2009

I have replied you via PM. Because there are women like your wife free to read this forum, you may communicate back directly to me, rather than share these ideas here

B.N.Rajamohamed (advocate / commissioner of oaths) 28 September 2009

Sir,

Is it a right manner for a male to get scarred for all these matters? This shows that, you don't have the courage to undertake challenges.

If you feel that your wife prefers to enter your guest house better you do that. Inform the court about all the formalities you performed incompliance with the order of the court and inform the court about her preferences and your preparedness to fulfill the same.

Vijay Shah (merchant) 28 September 2009

I beleive this is WRONG advice. There is nothing to get scared of . This wife has suicidal tendencies - apparently. She has finished her "rehearsels" at her home ..and now wants to do the final act in yours . Getting scared and protecting yourself are 2 different issues. If pakistani's want to enter across the LOC , you should defend your home and murder those b***stards. Not keep your 2 doors open ( which this secular crap of our country does unfortunately ) and prepare a red carpet.

See the advise I gave you on PM and let me know if there is some other help you need further

1 Like

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 29 September 2009

First she is putting in the same locatilty about an year and now she cannot cliam like this.

Second, she can attempt suicide.

Third, she can level any false allegations etc. there are various points and court will easily reject that application, i m sure.

Regards

adv.kamal.grover@gmail.com

Sujay U H (BDM) 30 September 2009

She is seeking the modifiaction of the residence order passed on 18/10/2008, granting her the relief of alternative accomadation. Now she is seeking to alter the order from alternative accomadation to my parents residence on the ground that the alternative accomodation is not good and not upto her standard of living. Is it possible to alter the order passed one year ago ???

Vijay Shah (merchant) 01 October 2009

Replied to you via PM .

Good Luck

bhupender sharma (advocate) 18 October 2009

sujay, The Supreme Court has held if u have provided the accomodation to the aggreerived person of rented house for which she is not claiming that it is not according to the status fo the aggreived person that means she si trying to harrass with baseless allegations and wanted to enter the parental house of your father. If she had any grevience with respect to the locality she may change the residence to some where else or may report the incident of mis behaviour by the drunkard person to the police.I think there is no such complaint in this respect during your stay in the same locality, It is explicitly clear that she is in habit of making false excuses and other complaints baselessly. You may also file your reply to the said compliant filed by her before the concerned court alleging all the relevant facts in this regard.(Bhupender sharma, Adv.)