• Divorce

I filed for 498A and domestic violence act, crpc 125 cases on my husband and inlaws 3 years back. last time a question has been asked from my account about adultery. actually those questions are my friends questions asked from my account and also few questions of mine. 
Advocate contacted me to take up my cases. Maybe he thought i am a characterless woman by looking at those questions asked from my mail. he started talking with me in a way flirting way like he said he has lots of money but he is need of love, he is 34 years and not yet married. as he is lawyer he has been very intelligent and never used exact flirting words directly. need of love, please be open, come to home etc are his key words. i said we can be only friends not anything else. so i blocked him on whatsapp app, but he messaged me saying i will not repeat and will discuss only about case. i thought he really changed but he got angry and he joined his hands with my husband. i wanted to block a joint account with my husband in which my shares are also there. he told my husband to close that account(demat account only on his name) before i do that. he didnt meet me for so many days but suddenly he started forcing me to meet knowing about my father death news from my husband thinking i cant meet anyway. just because a girl says no for a proposal how can a person that too a lawyer behave soo cheap. i did a mistake of talking friendly with him. he was giving me warning indirectly that i could do nothing even by giving police complaint as he is very influential. i never told him that i had affair with anyone but he started talking like as if i have extramarital affairs, may be to record.

my question is if he come to court and give evidence anything bad about me, will it affect me in anyway?

My husband is very good at hacking phones, mail ids. i also have proof that he hacked my gmail account but never approached cybercrime. he hacks my facebook, whatsapp, and also my friends and start talking to me through their account. and also talk with my friends through my account. but i dont have any proof so i cant do anything. i know he is controlling my phone. 
Today only i got divorce for final settlement of 20lakhs thru DD but advocate told me that he is soon going to apply for cancellation of divorce under many reasons mental cruetly, domestic voilence and adultery. he might have created many proofs with his technology.all this divorce drama is only for me to take back all the cases and he can be free from all the cases. 

can u please suggest me anything in this?if he is able to prove anything against me what happens?
i have 300 gms gifted by inlaws and husband during marriage. but in divorce agreement it is just stated that gifted(not mentioned during marriage) by them on a condition that i should hand over to kid at 18yrs and i have only temporary custody.will i still have full right?
Asked 7 years ago in Family Law
Religion: Hindu

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16 Answers

1) One should not worry about it at all.

2) Concentrate on DD and you should have mentioned  points in the MOU of mutual consent divorce

3) why you had waited so long time when you know that you husband is a mobile and computer site hacker, you should have made complaints in the police station under cyber act. One should have ask for further investigation too.

4) Stridhan i.e. Gold ornaments which you have received as gift in the marriage that will remain with you. Your husband doesn't have any rights on it.

5) Child custody will remain with you.

6) For adultery case one needs to prove all evidence against you plus you should not withdraw any case which is raised against your husband till DD is cleared in your account.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) if any lawyer from this website has harassed you then you should send written complaint to website about harassment faced by you 

 

2) in addition you can file police complaint against lawyer from the website 

 

3)even if he comes to court to give evidence against you through your lawyer you can cross examine him 

 

4) if your husband has hacked your phone you can file police complaint against him for identity theft under section 66 C of IT act 

 

5) if you have been awarded Rs 20 lakhs as alimony by family court and divorce granted husband can file appeal in HC against said order 

 

6) it is doubtful that HC would set aside divorce decree granted by family court 

 

7) if you have been granted divorce by mutual consent chances of success in appeal are bleak 

 

8) you have to hand over 300 gms of gold to kid when he or she attains 18 years of age 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

1. The allegations you have raised is really very serious and needs to be addressed with great seriously.

2. The conduct you have alleged is really unbecoming of an advocate and needs to be rectified by him immediately.

3. If he is sorry for his acts then you can consider to condone his misdeeds. Else you can inform the Bar Council about his conduct.

4 The decree of divorce once garnered can not be nullified bu court so easily and the custody of the child may not be changed hands if the child expresses his present parent to stay with. A child of 18 years remains no more the subject matter of custody suit. He can take his own decision.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1.If you and your spouse decide to stay married, the divorce case can be canceled (or "dismissed") by filing a request with same court. 

2. In India, children under 18 years of age are supposed to have a legal guardian. The party who is awarded guardianship by the Court has the responsibility of taking care of the child. In some cases, the parents may share the custody of the child, but only one parent may be given the actual physical custody of the child. The court mostly bases their decisions on the best interests of the child and not always on the arguments of each parent.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Unless you had executed vakalatnama in his favour and thereby client-attorney relationship had come into inception, he is not precluded from testifying as a witness of your husband against you at trial. There is no law which says that a lawyer in his personal capacity cannot be examined as a witness in a matrimonial dispute, but once a lawyer has been engaged in his professional capacity then he cannot testify against his client.

2. If the settlement has been reached between your husband and you then this man you are referring to is nobody to seek its cancellation. 

3. Consult a lawyer personally.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Madam,

Nothing to worry. You just disconnect all the communications with such lawyer and try to engage any other wise advocate. In the meanwhile get file Caveat Petition before Hon’ble High Court immediately which prevents your husband to get any ex-parte stay order against the divorce order passed against you.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Dear Querist

your lawyer is bound to not to disclosed any thing about you which may be used against you as the communication between you and him comes under the privilege communication. so no need to worry, those word or evidence cannot be accepted by the court too.

 

 Settled the matter and file the divorce, get your settled amount, when your kid will complete 18 years than it is your child's wish to go with them or not as child will be major at that time and nobody can force the child to live with them.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Dear Client,

If he will raise such grounds than good for you as mental cruelty, domestic violence and adultery are valid grounds of divorce. Now what he will pray from court that you are indulging all such things and still want cancellation of divorce. How Silly.

What do you mean by got divorce for final settlement of 20lakhs thru DD ? It this a mutual divorce ?

Stridhan ( gifts in marriage ) from whatever sides, dose not parted from bride even on divorce. Cannot be demanded to recover from you.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

No it will not affect your case. If he does that it will be professional misconduct and that will make him lose his licence and liable for criminal action.You can get custody of your child. court will decide on the merits. If you need telephonic consultation I will provide you the same through Kaanaon.

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

He cannot come to court to give any evidence against you even at the instigation of your husband because he is an irrelevant and third person who knows nothing about you, he can be countered about it in the cross examination hence he may avoid coming to court, especially he being an advocate he may not like to give evidence in court for somebody. If he is your husband's lawyer then he cannot give evidence.

 

The stridhan is your own property, he cannot force you to return them even if their side gifted them to you.

 

Once the divorce is granted he cannot apply for cancellation, he may have to apply for appeal only provided it is not a mutual consent divorce 

 

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

What happened with you is very wrong and unfortunate. You can and should, however, take strong action against the Advocate by writing a complaint with the Bar Council of India, annexing the complaint with all requisite proof.  Since you mentioned that he contacted you through this site, you should also address this issue with the concerned team of Kaanoon.com and ask them to look into the issue. As far as your query is concerned, even if he comes to Court and gives evidence, what proof would he have to substantiate his claims?  

If what you have mentioned about hacking was true, why was no complaint registered by you with Cyber Crime Department?  Since no timeline has been mentioned by you, advise you to still look into it and see if any action can be taken at a belated stage.  Alternatively, you can have friends give evidence to that effect in your support if and when required. 

I am unable to understand if you have already obtained Divorce or whether you have only reached a consensus to obtain Divorce by Mutual Consent and filed Terms accordingly? If you have already obtained Divorce, you have little to worry as cancellation of an MCD Decree is not a cakewalk. If not, you need to handle the situation carefully, do not panic and try to build more pressure on husband through the above mentioned steps amongst others

No, as per what you have agreed, you are only the caretaker till the kid turns 18 and you have no right on them.  But why did u agree to the same as legally the jewellery received by you during marriage from husband and in-laws constitutes stridhan and is your sole property.  

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

If you confirm that he has done all these injustices to you, why don't you also take proper legal action as per law against him.

You can very well engage another lawyer and fight for your rights.

Think about it.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

If your husband fails to comply with court orders you can file contempt of court proceedings against your husband 

 

you can file complainy against  husband for hacking of phone under provisions of IT act 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

You file your reply in the court based on the above facts. You will get all your gold in domestic voilence case. You can also file 406 ipc for gold in addition to family court matter.

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

1. It is a complicated situation. Be that as it may, in this scenario instead of going for a settlement at this stage you could have adopted your remedies by continuing your 406 case to recover your stridhan.

2. If he files for child custody then you can fittingly contest it. Mere filing of the case does not mean he will get what he seeks.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

From what i understand, all is not lost as yet as you only seemed to have signed Consent Terms in DV Court proceedings and Divorce is still not signed.  If i am correct, contact a local lawyer through references and after explaining all the aforesaid facts, get him/ her to act on the situation.  What you need to ensure in brief is that everything is recorded in the Consent Terms and that everything is complied with before you take a Divorce.  Leave no compliance hanging as else you will be cheated as you fear.  Of course, you can always go back to Court but that will be another time consuming process. 

Nevertheless, you do not have anything to fear.  Everything will work out.  Given what you have mentioned about your husband, you should be relieved and happy as it is better for you to get out of the marriage at the earliest.  Dont do anything stupid as you have to think about the welfare and well-being of your kid.  Money and jewelry can always be earned back. 

Regarding the messages from unknown numbers, you may try approaching the Police Station in your vicinity and seeking their advice on what step can be taken.  Or next time you receive such a message, lodge an NC against that person. 

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

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