Legal Question in Family Law in India

This question is for Mr Naik. Sir the divorce case is pending in Tis hazari..i have been fightingit for the last 1.8 yrs and the DVA and 498A cases are pedning in Dwarka court..next heraing of Divorce is on 11\11....Please refer to my prev questions--the mediation of 498a has failed and it has been referred bk to the judge can it have any negative repurcussion on my case..pls let me know. am living with parents for the last 1.8 yrs..dva case has been filed 2 hearings have passed. I filed a 498 ipc as husband and in-laws were not ready to call me bk and refused 2 give my stridhan. I have received my furniture, household goods and jewellery given by my parents 2 muy husband. I have not rceived the jewellery given by in-laws. I do not want divorce. I do not have a child. Husband had filed divorce case last yer in which he was once penalized for 2k for giving fake info and in the last hearing he was told 2 pay me 22k for litigation charges. Through dva can i get residential orders if yes in how much time. i am earning 32k and he is earning 42k per month.pls help. the 498a case has been sent 2 mediation and the first mediation will be on 9/10..pls help and answer all questions

Asked on 10/18/09, 9:02 am

2 Answers from Attorneys

Nagendra Naik LegalScrutiny

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my answer to your question, whether failure of mediation will have any negative effect on the case? failure report has no bearing on the case. case will be decided independently. if you are claiming maintainance under S.125 Cr.P.C it will difficult to get sufficient maintainance as his defence will be you are earning sufficiently. but if you proceed under the Domestic violence Act, court has power to pass residence order.

but my advice is it is a family issue. there are many issues, which i am unable to tell you in the public Domine. i have understood your question and problem. send your mail id. i will advice you in detail, the steps to be taken or contact me over my tel no. after 6.00 pm

Answered on 10/18/09, 11:51 am

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