Advocate Sayyed Parvez

Questions Answered by Advocate Sayyed Parvez

Q: Final maintenance in domestic violence case

Can final maintenance be awarded to a wife who has deserted matrimonial house with child in domestic violence case without providing any evidence of mental/physical violence by her ? (Hindu marriage)

Advocate Sayyed Parvez answered
It all depends upon what were the evidences provided by the parties. Court will decide the case based on the evidences presented to it by the parties. If the husband is able to prove that it was the wife who deserted the husband then in that case maintenance would not be granted to the wife. Also the financial capacity of both husband and wife is taken into account.

Q: Wife Forced Husband And His Family To Leave The House

Wife Forced Husband And His Family To Leave The House, without any reason, what to do now? My friend is stuck

Advocate Sayyed Parvez answered
Wife cannot force husband and his parents to leave the house. At the same time it is important to know to whom does the house belong that is who is the owner of the property. Also what were the circumstances when this incidence took place.

Q: Is there any possibility of reconciliation after legal action taken

If I file a true and real.domestic violence case against my husband, what will his lawyer suggest him? I mean will he agree to take me back home and behave nicely? I am scared that he may stoop to low levels and say anything bad about me.. or shall I just divorce him n stay happy?

Advocate Sayyed Parvez answered
Yes, there is always a possibility of reconciliation. As you have stated that you have a true case of domestic violence, then you have every right to seek justice as per the law. You will have to be prepared to face allegations as the opposite party will try the best to defend himself. Divorce is an option which can be explored when the marriage has reached to a situation which is beyond repairs. So before filing for divorce you should look for every minor possibility to see that your marriage can be saved. If you donot want to file a case under domestic violence and avoid further clash with your husband then you can file for restitution of conjugal rights and there too you get and opportunity for mediation and reconciliation. Through mediation and counselling there is a possibility that misunderstandings can be cleared through reasoning and discussions.

Q: Can I get alimony from my husband on the basis of property owns

Can I get alimony from my husband if he isn't earnings but he have agriland.my religion is Hindu

Advocate Sayyed Parvez answered
Granting of Alimony depends on many factors. I also matters based on the circumstances and the situation of the case. Here he must be having income from his agricultural land and the same shall be considered for granting alimony.

Q: Legal remedies if wife's family threatening to file a fake dowry case

I have two childs.i leaved seprate with my wife becaus she dos' nt want to leave with my parents.i had do everything for her but she is continuing harassing me.at present she is leave with her parents.her parents well sources of politicians and police depatment.they said me if you come here we will file complaint sec 498a.and beating you.i want my childs i am in verry trouble.plz give advice i am also want my wife and my childs back home .....

Advocate Sayyed Parvez answered
If your wife has left you because of her parents and if you are still interested in cohabiting with her in that case you can file a case of Restitution of Conjugal Rights for her to rejoin you in marriage. The custody of your child will depend on their age and the circumstances of your relationships. However you can file case for visitation rights and access to your children.