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AAdvocate here. Do NOT file a DV case. The DV Act is a quasi criminal statute primarily designed to provide maintenance, protection, and accommodation to women, especially wives. The law does not provide for punishment unless court orders are violated, nor does it allow your mother to claim maintenance from your wife. The Supreme Court has repeatedly clarified that DV proceedings are civil in nature. Filing such a case will only lead to unnecessary legal expenses without serving any real purpose.
As for evicting your wife, your legal options depend on homeownership. If the house belongs to your parents, they may file a civil suit for eviction wherein if the property is in the name of your parents, you would have to provide an alternative accommodation to your wife.
AAbsolutely. First, you need to provide your advocate with all the facts of the case so they can determine which legal provisions apply. Once that is clear, it’s crucial to review the relevant sections and their essential ingredients before drafting the complaint. Rather than starting from scratch, the complaint should be structured around the framework of these essential ingredients to ensure it comprehensively addresses all legal aspects of the case. So once the draft is complete, you’d know for yourself if it covers all the essential elements of the offences. However it’s important to ensure the language is not copied directly from the statutes or the judgments.ADon’t stress, bro. We all mess up and even your Dad understans it. It’s a universal truth. Just be honest with your Dad, rell him you included other expenses or made a mistake. Apologize and clear it up. Giving fake receipts could cause legal issues you know not only for you but your father too, so avoid that n should never have happened to begin with. Nevertheless your family will understand. Learn from this and move forward.ASorry to hear about the distressing situation your facing. Regarding your concern about jurisdiction, the Hon’ble Supreme Court of India has already ruled that a married woman can file a complaint from her hometown, even if the marriage did not take place there or if the husband resides in another jurisdiction. So, you can file your complaint from AP if that is more convenient for you.However, please remember that the most critical aspect of your case is the initial complaint. Once a complaint is filed, it cannot be amended n any supplementary complaints are often seen as afterthoughts. Therefore, it’s essential that your complaint is drafted meticulously, covering all aspects of the harassment, deceit n emotional trauma you have suffered incorporating all the essential elements of the relevant offences. All the best.
AIt’s unclear from your post whether a criminal complaint has been filed against your BIL. If no complaint has been filed, he should immediately write to the SSP, detailing everything that happened. After that, he should approach the Hon’ble High Court for police protection. If a complaint has been filed, it would be crucial to obtain a copy of it and strategize accordingly. Until the situation becomes clearer, he must remain cautious and take steps to avoid arrest. Additionally, if a complaint has indeed been filed, he can approach the Court to seek an order ensuring that, in case the police plan to arrest him, he is given at least seven days’ prior notice so that once an FIR is filed he gets adequate time to file for Anticipatory bail.AUnder Section 5 of the SMA, only one of the parties to the marriage must have resided in the district where the marriage is being registered for at least 30 days before giving notice. Since you meet the residency requirement in your state, you can register the marriage there without your fiance eeding to prove a 30 day stay in India. The 30 day waiting period under Section 7(1) applies after the notice is published, but it does not impose any additional residency requirement on both parties. So, if registering in your state, your fiance can avoid an extended stay in India and hence I’d suggested you to get it registered in your state initially. However, if you both prefer Delhi, he would need to meet the 30-day residency there.AIt’s never a good idea to have your wife transfer money directly to your account, especially if you’re already apprehensive about potential future disputes. However, her contribution to household expenses can certainly help limit any maintenance obligations later. A better approach would be to open a joint account where both of you deposit a proportionate amount for household expenses. This way, if things don’t work out, the court is less likely to deviate from the established financial arrangement.AFail to understand this repeated resort to physical violence. Once you discovered the affair, there were only two reasonable courses of action.. either she ended the affair voluntarily if she wished to continue the marriage, or you both proceeded toward separation. In neither scenario is violence justified. Unfortunately, not only did you resort to it once which got captured in cctv, but you repeated the mistake, which only worsens your position.That said, the police had no legal right to subject you to physical punishment. Their role is to investigate and uphold the law, not to act as judge, jury, and executioner.
The best course of action for both of you is to settle the matter amicably. Involving the police and lawyers will only lead to unnecessary financial and emotional strain. However, if your wife is unwilling to resolve things peacefully and is determined to pursue legal action, you should immediately hire a competent advocate.
AYou can register your marriage in Delhi under SPA if either you or your fiance has resided there for at least 30 days prior to submitting the notice of intended marriage at the concerned Marriage Registrar’s Office. Since your fiance is an OCI, he must provide proof of his stay in India for this period, like a residential proof like a rent agreement, hotel stay record, or a relative’s affidavit etc. If he does not meet this requirement, you may need to register the marriage in your state of residence instead. It would be more convenient for you to get it registered in your state.AI’m sorry for what you’ve going through rn. I know it’s not easy but never ever give in to blackmail… once you start, it becomes a vicious cycle. There’s no guarantee that they won’t keep demanding more, even if you pay. The best approach is to reject their demands outright from the beginning. Also, with AI advancements, it’s increasingly difficult to distinguish between real and fake images, so don’t let fear control you. From a legal standpoint, I strongly suggest reporting this to the cyber cell immediately. You might not be their only victim, and taking action now can help prevent further harm. It’s always important to nip this kind of blackmail in the bud.AI’ve answered a similar query by some other redditor today. You may check the same. Feel free to reach out if there are any unanswered questions.AWhile I can’t recommend a specific advocate, I’d suggest not relying blindly on any lawyer.. educate yourself on property law, especially the legal aspects of partition, by reading books or recent judgments. The drafting of your case is crucial, as a weak foundation can undermine your position, so ensure it is thorough and well structured. Stay actively involved, ask your lawyer strategic questions, and understand their approach. Since you anticipate resistance, be prepared for legal objections and delays. And yes, seeking help on different online forums like Reddit would also help.
