Advocate Amit Madaan

Questions Answered by Advocate Amit Madaan (25+ answers)

Q: My wife files fake dowry & DV case against me

My wife filed fake case of dowry, domestic violence with section 9 and 125 for maintenance.But I submitted proof that she is working lady, so then she withdrew 125 maintenance case.I want to know sir still is there any possibility of monthly maintenance i have to pay on basis of DV case?

Advocate Amit Madaan answered
If your wife is earning and you have submitted valid proof, the court may reject her maintenance claim even under the Domestic Violence Act. However, the final decision rests with the Magistrate. If her income is sufficient to maintain herself, no maintenance is generally granted. You should contest it strongly with evidence.

Q: Domestic violence by daughter in law

My brother passed away last year, my mother an my younger sister stay alone at home as my sister in law left our home within 10 days of my brother demise. Initially she allow us to meet our niece for some time but now she don’t allow us to meet our neice and also she use to come with her family at my home and use abusive words for not even letting us meet our neice outside somewhere. She also posted some bad content for us on social media for which we never replied to her. We are afraid and dont

Advocate Amit Madaan answered
Dear Sir/Madam,I understand your concern. As per law, you have the right to seek visitation of your niece, especially if you were regularly in contact with her earlier. You may approach the Guardian and Wards Court under the Guardians and Wards Act, 1890 for visitation rights.Regarding the abusive behavior and defamatory social media posts, you can:1. File a police complaint for harassment, criminal intimidation, and use of abusive language under IPC Sections 504 and 506.2. Send a legal notice for defamation and demand removal of false posts from social media.If she is forcibly entering your house and misbehaving, you can also seek help from the local police station and request protection.

Q: If summon by judge can I demand compensation if I coming from Karnal

I summoned by Delhi judge. My sister she accuse me of defaming her and her husband. She live on family property. I not want to stay with her. Witness get compensation. Can I demand compensation for hotel, meals, travel from court to attend hearing

Advocate Amit Madaan answered
If you have been deprived of your rightful share in the ancestral or jointly owned family property, you are well within your legal rights to demand what is due to you. Not only can you claim your share in the property through a partition suit, but you can also demand diet money or maintenance if you are entitled under the relevant laws.A partition suit is a legal remedy under which a co-owner or legal heir can seek division and separate possession of their share in the joint property. Whether the property is ancestral or self-acquired but jointly held, the law ensures protection of your rights.Diet money, or maintenance, may also be claimed in certain circumstances, especially if you are dependent and the other party has failed to provide necessary financial support.These matters are sensitive and fact-specific. Therefore, it is advisable to consult in detail to understand your position better and take timely legal action.For further assistance, personalized legal advice, or to discuss your case in depth, feel free to contact me directly.