Prorider4116

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  • Prorider4116
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      Prorider4116
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      February 21, 2025 at 5:29 am
      Legal Advice – Go to the jurisdictional police station, give a statement to the police (detailing all that you know). They will register a case under POCSO Act. If they don’t act immediately, go to Police Superintendent or Commissioner and complain about it. Do not delete the photos or messages until the disposal of the case. Even if your niece has willingly participated in the acts, she is a minor and will be considered as a victim.

      Your niece needs counselling to come out of this. This will be very hard for her as she wouldn’t understand anything at this stage. Find a good counsellor and start the therapy.

      If you need further assistance contact us [https://g.co/kgs/ZW11NKZ](https://g.co/kgs/ZW11NKZ)

      **Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.

      Prorider4116
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        Prorider4116
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        February 17, 2025 at 6:45 am
        Your Aunt has to take a call on this. Suggest her to go to the police and report whenever he physically hurts or threatens to do so. Make her understand that your parents cannot take law into their hands. Ask your parents not to intervene unless and until she is ready step forward. even if you give a complaint, she will not hold onto your version. She may need some encouragement to come out of her shell. Introduce her to local women’s group or NGO who works in this area. She may get motivated to fight for her rights.

        Read this article to understand what is considered to be Domestic Violence [https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/](https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/)

        For further details contact us [https://g.co/kgs/oCCqP2B](https://g.co/kgs/oCCqP2B)

        **Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.

        in reply to: Is this considered dowry? #52977
        Prorider4116
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          Prorider4116
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          February 17, 2025 at 6:36 am
          From what you have stated, it seems to be a demand made very covertly. The marriage has to take place with open discussions and mutual respect & understanding. When you both are from different communities, there must be open talks about the ceremonies and traditional/ ritual gifting that is needed. If any demand is made more than that it does amount to Dowry. read further [https://divorcebylaw.com/dowry/](https://divorcebylaw.com/dowry/)

          The progressive thought on this is to share the expenses equally or another step further do not take money from your parents, limit your expenses to your (you & fiancรฉ`) savings only. The marriage need not be about having a grand ceremony, it is about two people coming together in love.

          For further details contact us [https://g.co/kgs/oCCqP2B](https://g.co/kgs/oCCqP2B)

          **Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.

          in reply to: Need custody of child ( divorce case) #54198
          Prorider4116
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            Prorider4116
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            February 15, 2025 at 5:42 am
            1. You can file a petition seeking custody of your daughter. Assuming you are Hindu, it will be a G & W C case filed in the same Family Court where your Divorce case is pending. You can ask for sole custody if your wife is unable to provide the best for your child. You can also claim for joint custody, if both of you are staying in the same area and are able to provide a healthy environment to the child.

            2. For your ongoing Domestic Violence and Dowry Harassment cases, it is advantageous in the Child custody case if it is not going against you. If the claims are not genuine and due to that if your wife is unable to show the evidence file for quashing the FIR.

            3. Meantime, in the divorce case itself or in G&WC case as an interlocutory application you can seek visitation rights.

            For further clarification contact us [https://g.co/kgs/SdS9Dg5](https://g.co/kgs/SdS9Dg5)

            **Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.

            Prorider4116
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              Prorider4116
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              February 15, 2025 at 5:28 am
              Through a lawyer find out what case has been filed. It could be under Dowry Prohibition Act, where demanding dowry is also punishable. Read further [https://divorcebylaw.com/dowry/](https://divorcebylaw.com/dowry/)

              Only once you know what has been filed, you can make the next move to get anticipatory bail, if there is any FIR registered under provisions of law which warrants arrest.

              If there is no FIR registered yet, your friend/ family can talk to the complainant in the presence of police and can close the matter, it will save a lot of trouble.

              For further clarification contact us [https://g.co/kgs/SdS9Dg5](https://g.co/kgs/SdS9Dg5)

              **Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.

              Prorider4116
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                Prorider4116
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                February 13, 2025 at 9:25 am
                This could help [https://indiankanoon.org/doc/104431382/?type=print](https://indiankanoon.org/doc/104431382/?type=print)

                Give a complaint to NMC

                **Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.

                Prorider4116
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                  Prorider4116
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                  February 13, 2025 at 9:12 am
                  The court as a general practice gives sufficient time for both the parties. So far everything is going in your favor.

                  Ask your lawyer to advance the date instead of waiting for 2 months. A notice will be given to the opposite party to appear on the requested date.

                  On the next date, if the opposite party doesn’t show up, ask your lawyer to make a submission that the opposite party party has been given enough time to present the documents and request to close the stage. If the judge accepts that your case will move forward.

                  Even if they show up and submit the documents, your lawyer will ask some time to go through the documents.

                  for further clarification contact us [https://g.co/kgs/LaAUUKi](https://g.co/kgs/LaAUUKi)

                  **Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.

                  in reply to: Can I file a complaint against a judge? #55017
                  Prorider4116
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                    Prorider4116
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                    February 13, 2025 at 9:05 am
                    You can file an appeal in the higher court. [https://divorcebylaw.com/appeals-and-writs/](https://divorcebylaw.com/appeals-and-writs/)

                    for further clarification contact us [https://g.co/kgs/LaAUUKi](https://g.co/kgs/LaAUUKi)

                    **Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.

                    in reply to: Alimony to be paid if the marriage has not been for long? #55002
                    Prorider4116
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                      Prorider4116
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                      February 13, 2025 at 9:03 am
                      1. Her mental health condition, which was kept hidden from you, do you have any proof of that? If yes, you can claim annulment on the grounds of fraud. In case of annulment, generally no alimony to be paid. She may claim though, you have to put up a fight and be firm that you are not going to pay anything. If there was any expense that they incurred for Engagement and Registered Marriage, you can pay either half or whatever you want to pay. Learn more about Annulment/ nullity of marriage here [https://divorcebylaw.com/annulment-or-nullity-of-marriage/](https://divorcebylaw.com/annulment-or-nullity-of-marriage/)

                      2. under Hindu Marriage Act you can only register the marriage that has taken place as per Hindu rites and rituals. If you have done the registration of the marriage without the actual marriage, the technicality of this can be challenged. For further clarification, you can contact us [https://g.co/kgs/LaAUUKi](https://g.co/kgs/LaAUUKi)

                      3. Non consummation of marriage owing to impotency of the respondent can be a ground for annulment. But in your case, I don’t think it will hold.

                      4. You must file the petition seeking annulment within 1 year from the date that you have discovered the fraud by your wife or her family.

                      **Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.

                      Prorider4116
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                        Prorider4116
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                        February 10, 2025 at 9:05 am
                        Yes, you can give a complaint in the jurisdictional Police station based on your current residence. You can request them to give an advice to him.

                        Slapping or drunken behavior itself amounts to violence. Do not normalize it, fight against it. No human has the right to beat another human being.

                        If this doesn’t help you, you can seek other remedies listed in this article here [https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/](https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/)

                        For further clarification contact us [https://g.co/kgs/DnPy9c3](https://g.co/kgs/DnPy9c3)

                        **Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.

                        Prorider4116
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                          Prorider4116
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                          February 10, 2025 at 8:54 am
                          If police in any PS doesn’t take your complaint or registers your statement, you can contact the Police Superintendent or Commissioner of Police in your area. There could be helpline in your locality, search for it. They will take immediate action.

                          in reply to: During divorce dispute of my chacha ; fir on my parents #57356
                          Prorider4116
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                            Prorider4116
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                            February 10, 2025 at 8:50 am
                            Send someone (either lawyer or anyone else who can handle) to the Police Station to find out whether FIR is registered, if so, ask for a copy of the FIR with your chachi’s statement. Your parents are required to take Anticipatory bail if the FIR/ statement warrants so. After obtaining anticipatory bail, they can go to the PS to give their statement. Your parents have to show that (in their statement) they are not in contact with the complainants. If it is obvious that your parents were not living with the complainant and no involvement in any kind of harassment, their names will not come in the Charge Sheet. [https://divorcebylaw.com/cruelty-against-husband/](https://divorcebylaw.com/cruelty-against-husband/)

                            If police proceed with their names in the Charge sheet, then they have to go for quashing the FIR.

                            If you need more clarification on this feel free to contact us [https://g.co/kgs/DnPy9c3](https://g.co/kgs/DnPy9c3)

                            **Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.

                            Prorider4116
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                              Prorider4116
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                              February 10, 2025 at 8:38 am
                              Option 1 – You can get divorced in US itself, But it is important that your wife also participates in the proceedings. If it is mutual consent and her interests are protected in the divorce proceedings, you will not have any trouble. If she doesn’t participate in the divorce proceedings, then the Indian courts will not consider it as divorce. your wife can sue you from India. You may have to face other charges, if your wife chooses to take that route. Read this article [https://divorcebylaw.com/what-are-the-similarities-and-differences-in-divorce-procedures-for-nris-and-foreign-nationals-in-india/](https://divorcebylaw.com/what-are-the-similarities-and-differences-in-divorce-procedures-for-nris-and-foreign-nationals-in-india/)

                              Option 2 – Yes, if you both are Hindus or got married under Hindu rites and rituals or have OCI card you can get divorced in India. You can refer this case, however the facts are very different but the principle could be adapted [https://indiankanoon.org/doc/113065364/](https://indiankanoon.org/doc/113065364/)

                              **Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.

                              Prorider4116
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                                Prorider4116
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                                February 10, 2025 at 5:22 am
                                Send someone else like your lawyer or anyone who you can count on and collect the copy of your wife’s statement. If FIR is filed, you need to take anticipatory bail ASAP. Cops have asked for your passport so that they can take it into their custody. Your wife/family might have mentioned that you may flee the country. So, don’t go with your passport.

                                Read more about it here [https://divorcebylaw.com/cruelty-against-husbands-in-india/](https://divorcebylaw.com/cruelty-against-husbands-in-india/)

                                [https://divorcebylaw.com/cruelty-against-husband/](https://divorcebylaw.com/cruelty-against-husband/)

                                **Disclaimer:** Without understanding all the facts of the case, the advice given here may not be the best. It is advised to consult an advocate to get better remedy for the issues at hand.

                                in reply to: Need advice for my mother who has been in abusive marriage #58134
                                Prorider4116
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                                  Prorider4116
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                                  February 8, 2025 at 6:29 pm
                                  1. If you want a smooth divorce – convince him to agree for a mutual consent divorce. 1 year of living separately is an added advantage, the terms and conditions are decided by the couples. Read through this to understand the process [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/) It is advisable to do this now, where he doesn’t have any ailments that needs dependency.

                                  2. If your mother continues to live separately without divorce, your father can come anytime and demand to live with you all or he may ask for financial support when he finds you all well settled.

                                  3. No, there cannot be such agreement made within the family, it may not be considered valid under law.

                                  For further clarification contact us [https://g.co/kgs/bduhV67](https://g.co/kgs/bduhV67)

                                Viewing 15 posts - 136 through 150 (of 182 total)