dear MANGO,
Excellent idea bro... will surely try to work around it.... !! hope i can make her leave this house and live in a rented house..
keep pouring in ideas.... wud be of real help...... !!!
rising up again (FFF) 12 July 2014
dear MANGO,
Excellent idea bro... will surely try to work around it.... !! hope i can make her leave this house and live in a rented house..
keep pouring in ideas.... wud be of real help...... !!!
K.K.Ganguly (Advocate) 12 July 2014
1. One thing should be kept in mind very carefully that the Court has experienced several times such incidences of gifting or selling the matrimonial residence of the wife wity tye intension to throw her out,
2. It will certainly be considered as malafied intension of the husband,
3. Husband has to provide for the residential accomodation of his wife whether he wants it or not,
4. If the wife refuses to leave her matrimonial house, she can not be evicted with out due process of law.
rising up again (FFF) 12 July 2014
Ganguly SIr,
Hope u have read my posts on the query..... As i know i cannt make her leave the house...so, i plan to shift.... wud this be the right move ??
are there any problems that may come this way ??????????????? plz help wid your expert advice...
need to just keep her away.... from us....and our relatives...!!!
K.K.Ganguly (Advocate) 13 July 2014
1. You can certainly leave the said house & shift to other house,
2. Before leaving, file few consequtive police complaints alleging that she and her mother has tried to kill you citing some incidences with date & time. It could be anything like mixing sleeping pills in your water or milk etc. The story to be created is yours. The purpose for such act of your wife can be alleged to be for grabbing your property and marry someone else,
3. After that you can shift to some other place and file a divorce suit,
4. Before taking steps try to collect evidence of steps taken by her which can be related toyour above allegation.
5. She can afterwards file maintenance suit which you shall have to contest fittingly.
gautam (not disclosed) 13 July 2014
Be very careful before deciding to vacate the house and move elsewhere, you could lose your house.
Biswanath Roy (Advocate) 13 July 2014
In this Forum discussions about misuse or abuse of law or for advising a querist to adopt some fraudulent or scrupulous means are ought to be avoided..
K.K.Ganguly (Advocate) 13 July 2014
You are absolutely right Mr.Roy. The paragraph 2 of my last posting should have been written in a subtle way which I had written in a crude and vivid manner befitting the query to ensure that the querist understands the steps to be taken by him clearly and also the reason for his taking such steps.
However, I will certainly be careful next ime under such circumstances.
Thanks for your elderly advice. I appreciate it.
K.K.Ganguly (Advocate) 13 July 2014
You are absolutely right Mr.Roy. The paragraph 2 of my last posting should have been written in a subtle way which I had written in a crude and vivid manner befitting the query to ensure that the querist understands the steps to be taken by him clearly and also the reason for his taking such steps.
However, I will certainly be careful next ime under such circumstances.
Thanks for your elderly advice. I appreciate it.
rising up again (FFF) 13 July 2014
Mr. ROY / Mr. Ganguly,
Really understand your concern and your statement......
BUT SIR;s....what to do..if the other party is using all fraudalent ways to harass us and make a fake case against us ? Is'nt this a WAR and as it is said - everything is fair in love and war... !!! I am not doing anything wrong or against law....just that using aw to make my case more stronger...
If u read my query... I am the one who is being forced to leave my self earned property just because she is threatening us to put fake cases of 498A, DV or even trying killing her...etc etc.... and put me and mother in jail... Shud i just follow the "rules and law" and wait for troubles to come my way..........????
This probably is the problem faced by all querists on this forum......... If the other party is using wrong means....why should we not do that to save ourselves ?? KALYUG HAI SIR............SAB KUCH KARNA PADHTA HAI.............
Biswanath Roy (Advocate) 14 July 2014
In this platform I EXPRESSED MY VIEWS FOR MORE THAN ONCE THAT WE ARE STILL FOLLOWING ENGLISH LAWS AND ITS CONCEPT IN Indian form WHICH CAN HELP US TO CONVERT DOG INTO GOD AND VISE-VERSA. if the practicing lawyers suffers from deficiencies in knowledge of law and follow the policy of misusing or abusing law or follow any other illegal methods or means one cannot blame law for it. Within the framework of law one can easily make a strategic legal planning to obtain relief for his client against the mischief of opponent which I strongly believe till date. Now a days very seldom I HAVE NOTICED THAT MY PROFESSIONAL BROTHERS ARE FOLLOWING RESULT ORIENTED LEGAL APPROACH FOR SUCCESS IN THEIR CASES.
T. Kalaiselvan, Advocate (Advocate) 14 July 2014
@Rising up again: You are mistaking the experts advises which are not in your favor. You cannot expect a favorable opinion suiting your taste. There is hardly any difference between my opinion to that of Senior counsel Mr. Biswanath Roy. You have placed a query, you will get different opinions, it is ultimately your choice to make a call convenient to your circumstance.
rebellion (fighting against bias law) 14 July 2014
Dude IMHO mostly these sideways are evolved by lawyers for their clients based on genders irrespective right or wrong to save them. (Disclaimer: My Apologies if somebody feel hurt but it is my personal opinion).
But biggest truth is wrong should stop (misuse of law).
Don’t worry Lord Krishna suggested various ways to Arjun which are not right but required to defeat evil
rising up again (FFF) 14 July 2014
yes.. Rebellion dear... !!!
"krishna ne kaha arjun se.......... na pyaar dushman se, yudh kar....!!!! "
A very old hindi bollywood song... suits right in court cases... !!!
Am no Mahatama Gandhi, So want to WIN - By hook or by crook... if the other follow all wrong tactics, why should we be a saint ????????
With all due respect to senior lawyers on this forum - SIR JEE, we are kids in this field.....and still learning from the experiences... Cannot waste whole life in courts....so, todha bahut allowed hota hai.....BOSS !!!!!!
Biswanath Roy (Advocate) 14 July 2014
This portal is meant for giving legal opinion and advice to the querist who cannot afford to bear the cost of fees of expert opinions but I cannot find its difference with the TWEETER PORTAL.. This is unfortunate.
rising up again (FFF) 14 July 2014
ROY SIR...
I am talking to a dozen of expert lawyers and paying them huge amounts... for their opinions and advices.. every month. Coming to this forum does'nt mean that i cannot afford or not willing to pay... There was a confusion and hence asked the query for few more advices.... Infact got a few good one's a well. If u read my question....i knew what i have options....and what i shud be doing.... just that wanted to be sure on this... This is free forum, hence no one intends to talk about money here... !!!! I find other experts like - Tajobs, Helping Hand, ESIS, etc much more experts and pro's than many advocates in this forum... hence, we hear all and do what is the best suited option !!! is this wrong to do so ??
When i talk to a lawyer in person, he gives me many out of law ways to make my case stronger... and same is being done by few lawyers as well. Focus is... how to win... !!!! I again say... i will do anything...to safeguard myself and my family from wrong and false cases..
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AGAIN, with all dues regards SIR..... i can never be as expert as you are... but SIR, need to solve my case asap...and will do everything i can do....but not go ill-legal.. Plz spare the kid, if u feel he is doing wrong. :)