Advocate Brahmanand Dube

Questions Answered by Advocate Brahmanand Dube

Q: Should I reject mediation in false domestic violence case ?

My wife filed a Restitution of Conjugal right (RCR) after leaving my house at her own will living for ~50days after marriage quarreling with me. During mediation of RCR when I said I am not interested to continue the relationship anymore with a person of such character she filed a false DV case (section 12, 22(compensation)) against me and my family members accusing me of cruelty, dowry harassment, and asked for 50 lakhs compensation. Every accusation in the petition is false and baseless without any evidence. Since she was not present even once in court during hearing dates (only her advocate was present)the magistrate has given me a choice for me to decide if I needed mediation to settle the matter. Since I don't want any settlement with her and I am ready to fight the case on merit - is it okay to tell the magistrate that there is no chance of settlement and I am not interested in mediation during next sitting ?

Advocate Brahmanand Dube answered
yes is it if you think you have merits in your case and you wish to fight you can deny the mediation and continue with the matter and also you have to file your reply point wise to her complaint and attach relevent evidence to support the same so that it gets strong

Q: divorce agreement already ok 300 stamp paper bt she filed a court case

My wife lodge complaint in court case of domestic violence and maintenance case even after done a mutual divorce on notorize of 300 rs and already give her maintenance money on bank check . . is it valid ? and how come i can use my notorize paper for my defence? and how it will impact on case against me?

Advocate Brahmanand Dube answered
it will give a good impact if there in a lump sum amoumt already given by you to your wife and that can be use to defend yourself in the case and also you can file an official divorce case from your side and get a proper order from the court in that regard

Q: Wanted to know what is the procedure for dv

Dv related query and my husband send me notice I reply for it but now he complaint against police station and they me for councelling purpose

Advocate Brahmanand Dube answered
if any kind of domestic violence has been done with you by your husband only then you can file a dv case more importantly they might be witness and evidence of it to prove the same such as police nc or written complaint or video or voice messages

Q: Want to seek maintenance from husband, want to live separated

want to separated from my husband and seek maintenance for myself and my child. it's been everyday mental , emotional, physical abuse going on, no financial support going on , verbal and physical abuse also going on . complete desertion by husband . i want to know , how should i go about ahead , though not thinking for divorce yet . how much time required to get maintenance .

Advocate Brahmanand Dube answered
to get maintennace it shall take normally 6 month from the date of the filing of the case but the maintenanace is awarded from the date of the filing of the application even if it takes time to decide but if you do not wish to file divorce then you need to file either domestic violence case or 125crps seeking maintenance only and too only if you are not working

Q: file for divorce,working female age 33 having 9 years old son

I am 33 year working women with 8 years old son, my husband keeps yelling at me for every single thing. we do not have any sexual relationship. he is not interested in sex.

Advocate Brahmanand Dube answered
what exactly you want mam do you need to have divorce from your husband and are you still living with him and also if you want divorce by mutual consent or by contesting jt and whether you need to seek maintenance for yourself and your son and also the custody of your son