Advocate Rinku Chaudhary

Questions Answered by Advocate Rinku Chaudhary (25+ answers)

Q: No Interim Maintenance Yet -DV Case filed in 2015

I have filed for a DV case on grounds of physical, mental and financial torture in July 2015 and yet to get the interim maintenance for my child . My husband had agreed to pay a some of 10k per month in 2016 which he paid only for a period of 8 months . Post which he stopped stating that he would only pay once the court asks him to . I have only asked for maintenance of our daughter as I earn only 30k a month and it is not possible for me to manage all the expenses . My husband is a real estate broker hence I don't have any income proof but he earns around 1 lakh a month. He has been in an extra marital affair since 2011 and i also submitted proofs for the same . What should I do to atleast start getting the interim maintenance . I have been requesting the honourable court to pass the order for the same but have been getting only dates since 10 months now after all the arguments have been concluded .

Advocate Rinku Chaudhary answered
If he is not giving the maintenance as you said than in that case Court legally has the power to get him arrested. Once he is arrested still he is bound to give maintenance. So don’t worry he has no other alternative. But in case if he is not appearing before the court than you can get bail able warrant issued against him through your council.

Q: Seek separation, restraining order and child support

So my husband hasn’t kept any marital relation with me ever since our daughter was born and has been hostile towards me. I bought a flat on my name and he moved with me promising that his behavior would change.Nothing changed. He verbally abused me and my mother the other day and demanded join ownership of the flat. I banned him from entering the house. Now he changed like a chameleon and sending incessant mushy gushy text messages. Whenever I block him from one mode of communication, he finds another way to message me. I want to know 1) since I have decided to stay separate from him for the rest of my life and don’t want to divorce him, is there a way to get a restraining order from court on him so that he stops contacting and bothering me? 2) how can I force him to pay for child support?

Advocate Rinku Chaudhary answered
If you want to live separate you have to get divorce than you can also demand maintenance through court (financial support). If you both are agreed than you both can get mutual divorce under section 13B of Hindu marriage act through family court. For any more query you can contact me.

Q: Marriage Dispute - wife dont want to come

Hi... i got married in april 2017 and ever since my wife is not settle down in my family well. She always try to make issue in the family and after that goes to her maternal house and make false statements against us in front of her parents and do not want to come back. I, many a times convince her despite her mistakes, to come back and live with us. Now again she fought with me and with my family and went to her maternal house and did not come back since 7th Dec 2018. She does not care, How I am living without her and our son. I called her father to sent back but he is also don’t want to hear us because he believes his daughter is right all the time. Now I am really fed up with all this. My question is : If I give divorce to my wife, can I get the child custody? Being a house wife she did not even gave mother milk to my son during the initial 6 months. And what orders can court give against me if I file a case under desertion and cruelty? Because I don’t want to give anything to her.

Advocate Rinku Chaudhary answered
file a petition under section 9 of the Hindu Marriage Act which deals with restitution of conjugal rights.Section 9. Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

Q: Wife not responding to filing of divorce case

Married in Nov 2014, separated in Oct 2015.. My wife filed 2 false cases dowry and domestic against me on Aug 2016 and then I filed a Divorce case on Niv 2016. Its been a long time that they are not even responding. They neither came in the court nor talk about any settlement..I dont know what they want.. Please suggest

Advocate Rinku Chaudhary answered
What to do if a False Domestic Violence and Dowry case is registered against youIf a false complaint is registered against you by your wife, you have two options – either to defend your case and wait for the judgement or to file a counter case against your wife and prove her wrong. Both are detailed below.DefensiveYou can defend yourself and your family from being sent to jail because of the false complaint. You have following options to defend your family and yourself-Collect as many pieces of evidence as possibleRecord all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. It is advised not to produce the original evidence before anyone.Collect evidence to prove that you have neither demanded dowry nor have taken it anytime.Collect evidence to prove that she moved out of the bond of marriage for no valid reason.This evidence will be fruitful in the time of getting anticipatory bail or notice bail from the court.Safeguard your FamilyThere are hundred of cases where the whole family is put behind the bars just because of one false complaint. Section 498A has a very wide jurisdiction under which the women can complain against anyone in the family. Even the mother and the father of the husband are not immune. In such a situation the husband can do the following to safeguard his parents and other family members –Once the FIR is lodged, the man can apply for anticipatory bail or notice bail so as to ensure that the innocent family members are not going behind bars without any just cause.How the case turns out would totally depend on which state the case is lodged. Different states have different mechanisms to deal with the problems of false cases.For example, in Delhi, Punjab, Haryana and Rajasthan the complaint would first be referred to CAW Cell (Crime Against Women Cell)/ Mahila Thana). Where attempts would be made for Settlement between husband and wife. And if no settlement is reached, the case would be converted into FIR. At this stage or even before, you can seek Anticipatory Bail or Notice Bail for all your family members to protect them from arrest.In Uttar Pradesh/ Uttranchal, the FIR would be promptly registered but you would get 30 days to settle the case in mediation centre. By which time most people obtain stay on the arrest from High Court.

Q: Legal action against brothers attempted to murder for property

Yesterday night when i was talking about wrong things my 2 brothers were fight with me for no reason and try to kill me...i had injured marks on my face and head ,throats, tooth....please i request you to take a serious action immediately..

Advocate Rinku Chaudhary answered
You should have got your medical done from govt. hospital very same day of incident on which doctor will mention the details of your injury. Meanwhile you should register FIR in police station. Attempt to murder section 307, 323. etc will be the main sections...