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Regarding domestic violence
05-Feb-2023 (In Family Law)
Dear Sir/madam, My wife left me to her mother's home along with my 2 children four years back. She filed a case of dva against me. She wants me to send my aged mother and grand mother out of our house. She has been fighting for trivial issues and has made my life miserable. The case is dragging for the past four years in court without much improvement. We have attended counselling session by court but in vain. I tried several times to bring her back with d help of my friends. She bluntly told she can't live with me. Now suddenly she has filed a petition to come back to my house but on the condition that my mother n grand mother must be sent out of our house and I should not have any contact with them.. I m worried and confused about the next course of action. My question is.. . Will the court agree for her petition .? What legal steps can I take from my side?
4 years you are living seperately. If your believe that the matrimonial life has been broke down irreparably, file a divorce case on the family court on the ground of illegal seperation and cruelty. If she wanted to live with you then she should have filed a petition to restitution of conjugal rights. Without giving gproper chance the court will not direct you to live with her.
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Adv. Selvaperumal
Chennai | 100+ Answers
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No, The court will not agree for that.. and will not order your old persons to live out of your house.. you just submit your Objection for this petition through your Advocate.. Court will do justice for you sir..
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G Jayaprakash
Erode | 25+ Answers
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HELLO,
When you have engaged an advocate, it would be appropriate3 to ask required clarification with the counsel on record. I f the cousnsel is not co-operating then take change of vakalat and then come to LawRato Advocates for any kind of relief. As per THE HINDU adoption and Maintenance ACT, 1956, IN chapter III - MAAITENANCE Sec.20 deals with Maintenance of Children and Aged PARENTS. pl. CONTACT ME FOR FURTHER DETAILS
When you have engaged an advocate, it would be appropriate3 to ask required clarification with the counsel on record. I f the cousnsel is not co-operating then take change of vakalat and then come to LawRato Advocates for any kind of relief. As per THE HINDU adoption and Maintenance ACT, 1956, IN chapter III - MAAITENANCE Sec.20 deals with Maintenance of Children and Aged PARENTS. pl. CONTACT ME FOR FURTHER DETAILS
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Adv. R. Sundaramurthi
Chennai | 100+ Answers
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Dear Sir,
Why is the DVA case pending for so many years? DVA case should be closed by now. The petition filed to come back and live with you will not be allowed unless you agree for it. She cannot force you to desert your Mother and Grandmother. The Court will force you to send your Mother and Grandmother out of the house. You must file a strong Counter in her petition so that the Court will not allow it. From your query it is clear that you wife has filed the DVA case more than 4 years ago. So now it will difficult for her to satisfy the Court to come and live with you in your house by sending your your Mother and Grandmother out of the house.
Why is the DVA case pending for so many years? DVA case should be closed by now. The petition filed to come back and live with you will not be allowed unless you agree for it. She cannot force you to desert your Mother and Grandmother. The Court will force you to send your Mother and Grandmother out of the house. You must file a strong Counter in her petition so that the Court will not allow it. From your query it is clear that you wife has filed the DVA case more than 4 years ago. So now it will difficult for her to satisfy the Court to come and live with you in your house by sending your your Mother and Grandmother out of the house.
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Adv. Suchit Palande
Chennai | 200+ Answers
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As per the details given above I am giving this. 1. Your wife cant demand to expel your mother from your house. That's cruelty against you. 2. She can not put any conditions in the petition and file in the court. 3. You can very well give counter that your wife is not willing to maintain your mother and other elders in the house. Supreme Court has already given judgement on this. So please don't worry.
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Adv. K. Venkatesan
Chennai | 100+ Answers
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