1) wife can file declaratory suit that she is co owner of the property as her stridhan has been used for purchase of property

2) enclose copy of bank statement which proves transfer of funds

3) for filing FIR there is no specific format

4) state detailed facts of case , role of each family member in commission of offence

5) wife can also file DV case seek maintenance from husband, custody of daughter , compensation for mental torture undergone by her

6) don’t deprive husband of visitation rights

7) legal fees vary depending upon Lawyer engaged by you

The wife will now register an FIR in the husband and his parents name. Is there a specific format for the FIR. Can she register an FIR under section 405?

Answer: Yes she can register an FIR. She can go the police station preferably with a lawyer and register a complaint. they will take on record her statement and witnesses statement. They will further investigate and file charge sheet. The wife can further file case under sections 34, 403, 420, 423, 426 and 506;

Can we chare him against desertion?

Answer: Yes you can charge him under that. File an application in the divorce proceedings;

Considering that he isnt providing details about the property and has arrears/paying maintenance irregularly, can the wife stop him from visiting their daughter. Is it an offence?

Answer: Approach the family court and move an application for the same;

Can she send him another legal notice informing him that he can visit the daughter only after the court settles the property/divorce case?

Answer: No need to send legal notice. Since the matter is already in court. You can move an application to get full custody of the the child;

Does husbands calling names in public and yellin and shouting fall under section 498?

Answer: yes and also under 498A;

While hiring a lawyer for a fixed fee, how do you determine the fee?

Answer: That the lawyer will tell you. Ask him/her for the memo of the bill.

Hi

For the property and the monetary dispute file a complaint under 406 and 420 IPC.

Yes you can send him notice regarding the visitation terms to the the daughter.

He needed to clear the debts.

Make a complaint in the court for the proper receiving of maintenance amount.

Calling names and yelling names in public will fall under defamation section 500IPC. GO AHEAD TO FILE A COMPLAINT FOR THAT ALSO.

Fee of lawyer is required to be discussed with the particular lawyer you want to hire.

Legal Notice can be sorted out by me.

Thank You

There's no specific format for any FIR. Since, your stridhan has been misappropriated and not being refunded back to you, 405 and punishment thereof in 406 IPC is attracted. Register a FIR with the concerned Police Station.

Maintenance can be claimed at any time during or after the marriage. You are free to move a maintenance petition under sec. 125 crpc.

If he has been extended visitation rights in terms of the divorce decree passed by the Court, it would not be advisable to block his access to the child/children.

Fee varies from lawyer to lawyer. This largely depends upon the experience and seniority of the lawyer.

There is no specific format for fir a complaint has to be given in written form describing all allegations on that police can register FIR. Get complaint drafted by lawyer.

If you know place where the property is situated than from that particular sub- registrar office get certified copies of property documents .

A declaration suit can be filed by you to claim the right on property saying it was purchased from your stri dhan as amount was paid by cheque give details of same.

Yes he can be charged of desertion. Also you can move an application before court regarding the husband of not Paying maintaince properly.

Not donot close visitation rights if awarded by court it amounts to contempt.

Yes it is cruelty under 498A ipc and domestic violence act. (498 is different thing)

Fee of lawyer vary from lawyer to lawyer they charge based on experience they have

Firstly, if the husband is not providing documents. You can file RTI to registry office seeking for documents being the wife.

Secondly if husband not paying expenses, simply file 125 and seek for order of maintenance and file execution if still doesnt pay then, you will surely get remedy.

If you are generally looking for a budget and looking for A class services and not willing to pay A class fees, then you should not proceed at all.

If you want good and best services, it comes for a good price. Bargaining if you do, then you will also have to accept bargained services too.

Yes may be as per the interpretation of the law in 498.

Ask for the fees in advance as whether he would take all in one go or intially something then on each dates .

The wife can lodge a crimninal complaint and not registering a FIR directly.

But what is the ground that she is going to lodge the complaint?

If it is regarding the claim for property then she has to approach civil court only and prove her case for purchase of this property.

She cannot claim maintenance for the past period, she can file a maintenance case now provided he is not paying any amount towards it.

If there is a dispute then she can ask him not to visit her house for this purpose and ca ask him to approach court seeking visitation rights.

It will not fall within the meaning of 498a, but it is criminal intimidation and can be termed as outraging the modesty of women or can be termed as harassment for women .

The lawyer fee will be intimated by the lawyer so engaged, another lawyer cannot predict one lawyer's fee.

Hi,

You are required to give the simple complaint to police and the police will register the FIR as per the determined format. You may also file case for maintenance and child custody/ stopping his visitation rights etc.

No it's not 498 A. You can hire a good lawyer for the same. You can contact me from Kaanoon on [deleted].