Advocate Kishore D'Silva

Questions Answered by Advocate Kishore D'Silva

Q: Sister's in laws harassing her but she does not want to file divorce

my sisters husband and his family members harassing her.she is very disturb. harassment can be due to want of money or can be under wrong direction of some family members.recently my sister left his husbands home and started living in hostel .she want some more time to file for divorce. what is the correct way to move ahead legally

Advocate Kishore D'Silva answered
Dear Client,thanks for the query . Following are the remedies for your sister's problem:1. she can file a complaint against her husband and relatives for domestic violence and for asking money from your sister underthe Provisions of IPC, Domestic Voilence Act nd dowry prohibhition Act. This complaint can be either lodged in the police station or directly in JMFC Court as a private complaint. 2. if your sister is is victimized by acts of domestic violence will have the right to obtain the services and assistance of Police Officers, Protection Officers, Service Providers, Shelter Homes and medical establishments as well as the right to simultaneously file her own complaint under Section 498 A of the Indian Penal Code for matrimonial cruelty.3. She can get theProtection Orders, Residence Orders,Maintenance order ,Compensation Orders issued in her favour through the courts once the offence of domestic violence is prima facie established. Further , she can also get custody order of the children .

Q: Can I stay at my husband's house till the time we don't get divorce

If me and my husband apply for divorce under mutual consent, can i stay with him in the same house till i get divorce? If he won't agree for mutual consent, i have to file a divorce case against him.. in that situation shall i have the rights to stay in his house? because i cant move to my parent's place till april since my five year old son is going to school.. i cant shift in between... So my question is shall i have the rights to stay in my husband's house till i get divorce? or is there any law that i cant stay in his house after applying for divorce.. please help me... what should i do?

Advocate Kishore D'Silva answered
Dear Client,thanks for your query. You have the right to stay with your husband until the Divorce petition is decided. you can claim your right by an interil relief of residence order. even during the pend ency of the case, if you husband refuses to share the household with you, the you can claim for maintenance by way of alternative accommodation.

Q: Fake cases filed against me by my wife asking for high maintainance

my self xyz, working as lecturer in a private college and getting Rs 10000/ per month and my wife is a govt employee and she may earning nearly Rs40000/, now she applied for maintainance of Rs30000/ per month and simply she given sammans like am a drunker,smoker,womanizer,gambler but i am not all these simply she lied i hurt by this lot.... feeling to die only ... please help me what can i do for this....

Advocate Kishore D'Silva answered
Dear Client ,Thanks for your query. If your wife is earning more than you and that too being a government employee, you need not give her maintenance claimed by her, provided you show the proper proof to the court that your wife is capable of maintaining herself.You need to be bold in these situations and think life ahead of you. dying is not the solution for any problem. as human beings we have to face all.