Sir, My wife left house 4 months ago after a small dispute. She used to fight all the time due to her aggressive behaviour and support of her family especially from his Father. We are married for 3 and a half year and have a son of 2 years staying with her. She recently filed a DV complaint because of which i received a letter from Protection officer office court order from additional magistrate with charges of dv act [deleted]. In this 4 months; I sent her a notice of conjunal rights after 2 months when she left. Soon After 6 days she registered a complaint to mahila mandal. I stay at Pune and she belongs to mumbai. I attended the meeting as per schedule and told mahila mandal officer, that i m ready to live with her provided that she must accept my conditions (a letter in which all false allegations made by her to mahila mandal and for her father to behave properly and respectfully with me and my parents ). After sending this letter,she told mahila mandal that i dont accept this and without any information from her or mahila mandal she went to protection officer to register the complaint. I received this letter from additional magistrate court to appear on a date in court. My questions; 1)should i and my mom (dv filed on both) attend the court on recieved date and inform judge about notices given by us and about counselling sessions by mahila mandal and all other proves. 2) will i get a sarkari Advocate if i dont go without an advocate. 3)should i file conjunal rights case against her as i have already sent notice in the past. 4)should i attend the court on the particular date and then file and hire a lawyer. 5) since i was in the counselling by mahila mandal and have sent notice of conjunal rights asking her to come back after excepting her mistakes.Will their be any maintenance order on me immediately. Please suggest. Note: case is with additional magistrate court in mumbai.
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1( you should engage local lawyer and file detailed reply denying the allegations made in FV complaint
2) you would not get advocate from the govt
3) RCR is useless . You cannot force your wife to stay with you even if you obtain decree
4) court will award wife maintenance is she is not working
5) even if she is working you will have to pay maintenance if there is substantial differences in your income
1. Yes you can attend and inform the same.
2. If you have no source of in come then only free legal aid would be provided. otherwise you will have to engage an advocate.
3.Yes RCR is good choice.
4. Better engage an advocate and then appear.
5. This is no ground to avoid maintenance.However the order would be passed after you file your reply.
Sir , you have to engage a private lawyer as you are the accused and not the compalaint..2) the evidences you have are the matter of trial which court will consider while deciding merits of the case..3) it is advisable to hire a local hire and meet him few days before the date of your appearance
1. yes
2. no
3. you are free to. In any case she has abandoned you without any sufficient cause.
4. yes you can appear and seek time from the court.
5. no order can be passed w.r.t. maintenance exparte, i.e., without hearing you.
you can told before the court that case regarding peaceful settlement of this issue is pending before the mahila mandal. in this condition court shall remand the case till the final finding of mahila mandal.
if you have no means to hire an advocate the court will provide you legal assistance at the expense of state.
you can pursue the case regarding restitution of conjugal rights. if you cannot hire an advocate you can take time for his appointment. court will grant you some time.
1. Neither you nor your mom has to personally appear in the court. The appearance of your lawyer shall suffice.
2. You will not get a 'sarkari advocate'. You have to engage a lawyer on your own.
3. Your conjugal rights petition, if you file it now, will be seen as a counter blast, so it will be futile.
1. Yes you should intimate the court about this, and do not miss the date when the court has asked you to come.
2. That you will have to request from the court
3. Yes you can file a section 9 case
4. yes you should attend court on every date and you can engage a local lawyer.
5. you sending a notice is of no use, it should be sent through the court where you file the case
Regards
1. If you have received notice from court then it becomes your duty to attend the court or else legal action would be initiated by court in this regard.
After attending the court you can file a petition under section 205 cr.p.c. to exempt your mother from appearing before the court owing to her age related problems.
2. You cannot engage government advocate, if you dont find any advocate then you can approach legal services authority for free legal assistance through the panel advocate.
3. In my opinion, the conjugal rights petition would be a mere waste of time, money and energy.
4. Yes you have to appear before the court on the date of hearing.
5. She may file a maintenance petition, you may have to contest the same on merits.
Thank you all for your Answers. I have purchased a flat through property loan 2 years ago. Since then i m paying emi for this under construction Property is registered on me.
Sir, I have purchased a flat through Home loan 2 years ago. Since then i m paying EMI for this under construction property. Property is registred on my name. She has not paid a single penny for this property. Currently i m staying with my parents at their flat. My question; 1) is she entitle to get any share from this property during the case period or at the time of divorce. 2)if yes, is it right time to transfer my property to mother or father as gift deed. 3)having a property ,will it impact maintenance. 4)no other property is registered on my name, can i claim this is as first home and that i m planning to stay and settle at this flat once it is ready. Will this statement can get acceptance.
1) wife has no share in property standing in your name
2) you are at liberty to transfer property to your mother or father through gift deed
3) maintenance depends upon your income , your wife income, standard of lifestyle