Urgent guidance : marital dispute .. section 498 a and dv

U have urself made ur life complicated Mam. Ur well educated and earning lady, u should have taken suitable action after first demand for dowry was made (15L as u say) by ur husband or family.

You said ur earning well, so after seperation the question is of maintenance of the child. For which you will have to contribute as well along with Husband. 

Once a lady lodges 498a AND OR DV case the chances of reconciliation ends and mostly case ends in divorce. 

No spouse can teach any spouse a lesson by filing cases and expecting everything to go in their favour at the expenses of the other . Both of them end up losing precious years of life, health and money. 

U seem to have plans to go abroad as ur trying to get passport of ur son...i wud suggest go for mutual divorce by one time settlement and move on in life OR else even after 5yrs u will be roaming around the courts.

So far as filing FIR for lost passport , pls do that as it is a standard process. You dont have to inform who stole it (unless you want to do that for which again there will be one more case as ur husband will deny that he has ur passport). Make life simple and Move on.

Those who have done bad to u will suffer as time flies, have faith in god !!

Dear Born Fighter -  Appreciate your revert, but I need more of a legal advice than some loose conversation. I get a hunch you're not a lawyer, so please dont bother to advise in legal matter.

Sorry if this offends you, as your response was more of a timewaste than a revert on my queries. Good luck with your pep talks with others....

Ms Straight Talk Raginie,

Im not offended, i dont know u so leave it at that....

U should hire a competent lawyer with evidences than wasting your time on this forum. What u have mentioned above are only allegations which appear standard in nature. If u had evidences against ur husband and in laws OR if u had a competent lawyer u would not be suffering ( as u have urself mentioned).  My reply to you is not sarcastic ..please evaluate the merits of the case and decide...All the Best !

Originally posted by : StraightTalkGinni
	Need an urgent help regarding Domestic Violence - I got married in April 2010, but have been living separately from husband since Jan 2011. We also have a son who is residing with me since birth. I am employed and earning well to take care of my expenses. After marriage (stayed together for 10 months only) my husband and I lived in Mumbai, while my in-laws were based out of Pune. My sister-in law stayed 10 mins away from my home and used to come everyday along with her husband and kid. My husband and I used to visit my in-laws every weekend or my mother in law would come and stay with us. After 2 months of our marriage, my husband and in-laws started demanding 15 lakhs to purchase a flat for my sister-in law in Pune. When I refused to ask the same from my parents, they started torturing me. My sister in law and her husband, would everyday force me to talk to my parents and when i didn't they used to abuse me and my husband used to hit me. For 10 months, I took care of all the expenses of the house including rent, utility bills, maids' salary, groceries etc. Not only this, for any vacation trip, my husband used to take away my ATM cards/ credit cards to make the payments. He was alcoholic too and on many occasions had manhandled me, used filthy language in front of his friends and family. Finally I gave up and went to my parents, where later I learnt about my pregnancy and when I told my husband and in-laws about it, they asked me to terminate it. I still went ahead and continued with it and was blessed with a son. I thought with baby now, my husband might change so I filed Section 9 first, but my husband ended up with false allegations on my character and conduct. Later I filed 498A and Domestic Violence. With all the sufferings I went through, I need justice. Everything started with my sister-in-laws desire to own a house and then dowry demand, harassment and verbal and physical abuse by my in-laws. They have further kept my jewellery and all important documents like FDRs, passport etc and are not returning the same to me. Questions : How can I ensure, that my sister-in law and her husband though did not stay with me but were an equal party to make me suffer, are not released from the Domestic Violence. How can I get back my passport etc from my in-laws. Since, I had mentioned in my petitions that my passport is with in-laws, passport authorities are not issuing a duplicate one to me. They said, I should have instead filed an FIR for lost passport. Can I file an FIR now that my passport was lost /misplaced by in-laws? What impact would it have on my DV/498A case, wherein i had mentioned my passport is with husband and his family. My sister-in-law and mother in law has kept all the jewellery articles with them. is there anything I can do to get these back... I need to make passport for my son as well, but I know my husband will not give his consent. I am a single parent, as my son resides with me since birth, but is that ground enough/correct to consider myself as single parent and apply for his passport. As it is after so many cases, my husband managed to take court's permission to go to US. It's a mess right now, cuz I am stuck with this sh*ty family.. they have everything of mine and are enjoying everything in life, while I seem to be a sufferer even today. Please guide .....

Your query is unclear.

Under what sections has the Domestic violence case been filed you have not mentioned.  Mention that in your reply.

Your passport is with your in-laws according to you. You cannot file passport lost complaint.  Doing like that is giving false information to police and also passport authorities.

You have already filed 498a , in revenge they might file case against you in passport office, you can be jailed 2 years for giving false information that passport is lost under Passport Act of 1967.

Originally posted by : StraightTalkGinni
	Sir..its Section 12 of DV act.. Can i explore filing a writ in HC for passport issuance, since my husband has denied having my passport via reply to DV petition. There has to be someway to reissue my passport esp when its expiring in June2017

No need for going to HC for writ and all.

Your,

passport

other certificates

other valuables 

wwhich are in custody of your husband and or in-laws can be gotten from the same magistrate where you have filed the DV case.

When did you file the DV case? I think it imust be 1 year over? that you have not mentioned.

What stage is the case at?

Have you filed any compensation case on your husband or in-laws?

How much compensation have you asked from your in-laws and husband in DV case?

You have given very brief details regarding your case, which makes it very difficult to analyse what directoin your case is going and what other things can be done to get favorable orders from court.

If you do 1 round of this forum, you can see. People tell lot of stories, which have head and tail but no body.

When asking a suggestion on leal forum. You have to ask like this.

First post scan copy of your papers of case.

Then explain what your advocate has told, (ur here for second opinion, so) you should tell what opinion you have already got.  Then seek further opinion.

This is not leading anywhere, where you keep telling something every once when asked.

Another thing is you can call up any advocate on this forum including me and take opinion.

See what suits you.

But without seeing papers, nothing much can be told. It will be like blind describing elephant.

DV was filed in 2013 and is now put up for my cross examination next month. Evidence by way of affidavit is already put on record.

I havent claim any compensation for myself as I can maintain myself easily. For my son, the court has fixed some interim amount, which my husband pays off and on. Contempt application for the same is also filed. However, i have claimed compensation of 10 Lakhs for harrassment caused and a separate accomodation for myself.

My husband and his family keeps on denying about hlding my jewellery and other documents, how in this case can court help recover my belongings.

My husband denied paternity of the child  as a reply to this application and later apologized in court through statement which is on record already. For the same a defamation case is also files, in which he plead not guilty and I have submitted my eveidences for the defamation caused. Sir, there's lot of mess.

My lawyer only says not to worry , all is good. but I need to know, what is a way out to recover or get duplicate passport created.

I hope this would have given some idea, else, I'm happy to connect over call.

Originally posted by : StraightTalkGinni
	DV was filed in 2013 and is now put up for my cross examination next month. Evidence by way of affidavit is already put on record. I havent claim any compensation for myself as I can maintain myself easily. For my son, the court has fixed some interim amount, which my husband pays off and on. Contempt application for the same is also filed. However, i have claimed compensation of 10 Lakhs for harrassment caused and a separate accomodation for myself. My husband and his family keeps on denying about hlding my jewellery and other documents, how in this case can court help recover my belongings. My husband denied paternity of the child  as a reply to this application and later apologized in court through statement which is on record already. For the same a defamation case is also files, in which he plead not guilty and I have submitted my eveidences for the defamation caused. Sir, there's lot of mess. My lawyer only says not to worry , all is good. but I need to know, what is a way out to recover or get duplicate passport created. I hope this would have given some idea, else, I'm happy to connect over call.

Already 4 years over? And nothing much is happened in your case?

What about the 498a case?

Why did you not file compensatory case in regular court? Why is relief seeked only under sec 12 of DV? Why not other sections? Many questions arise.

Why has not your advocate filed application seeking valuables with the magistrate? Why has it took such long time when you are desparetely seeking passport which is with your husband?

Many things need to be discussed with you, you call me.

Very apt reply by Amisha Advocate.

@if husband is ready to take you back, go back, take back all the cases and try to lead happy and peaceful life.  They will continue to enjoy even if you are not there.  But when will you enjoy?

Court wont give justice in marriage matters.  Universal truth.

Thanks for your amazing response....  GET WELL SOON