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Shaveta Dhanda (Managing Director )     21 November 2011

Please help

Query to all the fellow colleagues :

What can be done in a case against an Army Personnel  thereby causing mental torture,Physical violence,Taunting, demoralizing and putting down the woman with the intention of causing mental torture,Confining the woman at home and not allowing her normal social intercourse,Abusing children in their mother's presence with the intention of causing her mental torture. Friends the case under 498 A is going on and the court has ordered 2000 rs as maintenance. Need Suggestions as to what can be done as the wife wants to get the maximum of the monetary benefit to sustain herself for life. Let me know if there are ant special laws for Army people and Army wives cos the woman is really tortured.

Thanks in advance.



Learning

 7 Replies

Rohit Shukla (Engineer)     21 November 2011

@ Shaveta Jee - There is so much that can be done to address the issue even without using criminal law ( thats the best part about Forces). Now coming to the action point

1. Register the complain to Station Commander/ Commanding Officer/Section Commander and the most important Chief Administrativer Officer giving detail about the mis treatment

2. report the matter to Station Medical Officer (SMO) aswell

3. Most importantly register the complain to your ladies club or AFWWA / AWWA

Relax, just do it and see the affect

Regards,

Rohit

Tajobsindia (Senior Partner )     22 November 2011

@ Author

1.
Why was not the case of the wife / children put through S. 91 Army Act subject to overcoming bar of S. 94 Army Act first? What @ Rohit correctly says is the first chain of reporting for seeking relief by family members of Armed Services personals.


2. If the matter has already been seized by a civil and or criminal Court and thus ordered to pay 2 K then based on how old that Order is under 'change in circumstances grounds" suggest her to file an Application for enhancement of previous maint. Order in same Court. The civil / criminal court will look into it and may Order for such enhancements accordingly.

Shaveta Dhanda (Managing Director )     22 November 2011

Q Author Dear Sir thankyou for replying. Could you please elaborate on the the case under S 94 of Army act. Which court the case is to be filed in? Sir i heard about the Jaques court are there any remedies available in that court. Await hearing from you Sir.

Tajobsindia (Senior Partner )     22 November 2011

@ Author

Sure I could have but your approach has few lips and sips issues needing detailed clarity and discussions !


However may we know why you omitted reading wisdom of @ Rohit and his suggested process flow which was the first option available for her before approaching civil / criminal ordinary Courts outside Estate / Cant. of Army boundaries ? Also note pvt. advocates do not get Gate Pass to attend such Military Courts proceedings and or they are not at all allowed Appearance before CO's impromptu etc. etc. Asked section(s) are remedy as laid down in Army Act itself for such ladies / children and unless kith / kin / army personals file one such application before concerned immediate Superior Officer(s) where husband is stationed, whereas in a civil / criminal court these Sections of Army Act end up only as Evidence (allowed or disallowed maint. under Army Act kar key) and/ or as challenges under Writ proceedings in HC's.


Your gesture to help this lady is appreciated but then kindly follow some of the paras mentioned by @ Rohit and you will know more about maint. given to kith / kins of army personals when marital / maint. / pension issues / life of serving / rtd. personals are under controversy first hand.


For enhancement of 2 K if there are valid grounds available then where she instituted maint. proceedings same ordinary District Court she has to place application for enhancement of earlier granted maint. by bringing to notice in same Court those changed circumstances grounds otherwise 2 K which is granted by that court is based on applying mind over facts produced before the courts by her and her army service husband.
 

Also kindly note internet forum advises are bandwiddth limitation based compared to in-person chamber discussion with family law advocates where variety of grievances can get consulted upon. Invest in one such approach along with some of the pointers given by @ Rohit which are quite valid in asked question(S). 


All the best to your genuine efforts getting justice for her.

Shaveta Dhanda (Managing Director )     22 November 2011

Dear Sir,

I would appreciate if i could get your number to reach you so that i can discuss this issue with your goodself.

Regards.

Dr J C Vashista (Advocate)     22 November 2011

Shevata,

Write a simple application, on plan paper addressed to husband's Commanding Officer giving facts of your case, be rest assured Army WILL (definetly) do what ever possible in your favour, within law.

However, provisions of Section 125 Cr. PC  are there to help you and your children, for every citizen. Enhancement of the amount can be sought under Section 127 Cr. PC 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     22 November 2011

Also, the cases can be litigated in civil courts too, if grounds are there.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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