Advocate Sapna Singh

Questions Answered by Advocate Sapna Singh

Q: which court has the jurisdiction to decide the DV 498a disputes?

My father in law wants to file fake 498 and DV case against us. Q1 where he can file case ? (a) where marriage performed and he lived. (b) where her daughter live with me (c) anywhere in India (d) he wants to file case in other state where his parents stay

Advocate Sapna Singh answered
He can file the case where they live..they can't file case in any state nor they do it anywhere in india except the place where they live.Complaint under Section 498A IPC can be filed at place of woman's residence .

Q: Wife asking for maintenance ₹100000 per month under sec125

Hindu religion. my second marriage, i got mutual consent divorce in first marriage as the first wife stayed for only two months and she wanted to part ways. I got second marriage in mandir, no demands of any kind, the second wife gives whole salary to her parents. With small talks, get angry and says will leave me and go back with no reason. Many times booked cab at midnight . her parents are out of delhi. She went to parents in aug, after 20 days i went to take her back. She poured hot tea on herself and suffered burns in her parents house before i reached to take her back. I took her back nd took good care of her, but her nature of fighting on small issues did not stop. Again in nov, her parents came and took her, no fight at that time. The parents just said we want to spend some time with the girl. After that her parents never called me or my parents. My father got a stroke and was hospitalised in icu for 15 days. That added to a lot of financial expenditure. she wants maintenance

Advocate Sapna Singh answered
to maintain a wife is the duty of a husband, but this right is not exhaustive and a husband can not be blackmailed over the laws available to the wife. it is the duty of the wife to be with husband and give him companionship of a partner. These days people are taking advantage of the laws available to females but the courts are not blind and right legal help can save you from the tortures.