I, Pooja Gupta, was married in April 2008. Unfortunately, we did not adjust to each other thereafter. I filed a suit against my husband for maintenance under section 125. I was married to a senior law officer of the electricity board, and he has relations with high-ranking individuals, including advocates, session judges, and many more. He also approached the judge handling the case under section 125. Please suggest what I can do in this situation. Is there any procedure that would allow me to shift this case to another court in the middle of the proceedings?
From India, Ambala
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From India, Ambala
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Dear Pooja,
It would be better to discuss this issue with your own lawyer instead of asking the CiteHR members.
With Regards,
R.N.Khola
From India, Delhi
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422It would be better to discuss this issue with your own lawyer instead of asking the CiteHR members.
With Regards,
R.N.Khola
From India, Delhi
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Dear Madam,
You are not entitled to any maintenance if you have remarried. You will also not be entitled to any maintenance if you are living in adultery. The case could be filed at any place, i.e., either where you were last living with your husband, where your parents lived, or where you are currently residing after separation. I could not understand the word "marroed." If it is the word "married," which I believe it is, please clarify whether you remarried after separation or you are speaking of your earlier marriage with an official of the electricity board.
You can, however, claim relief under the Prevention of Domestic Violence Act, which is more meaningful, less tedious, and effective. You can file a fresh complaint under the above act with the competent authority of the area where you are living. This Act ensures that your husband maintains you, does not oust you from the house, and looks after your interests as if you have not separated, including the maintenance. Please consult your local lawyer or a women's organization to know your rights. The case under Section 125 CrPC can be transferred by the interference of the High Court of your State.
Adil/BA LLB
From India, Calcutta
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You are not entitled to any maintenance if you have remarried. You will also not be entitled to any maintenance if you are living in adultery. The case could be filed at any place, i.e., either where you were last living with your husband, where your parents lived, or where you are currently residing after separation. I could not understand the word "marroed." If it is the word "married," which I believe it is, please clarify whether you remarried after separation or you are speaking of your earlier marriage with an official of the electricity board.
You can, however, claim relief under the Prevention of Domestic Violence Act, which is more meaningful, less tedious, and effective. You can file a fresh complaint under the above act with the competent authority of the area where you are living. This Act ensures that your husband maintains you, does not oust you from the house, and looks after your interests as if you have not separated, including the maintenance. Please consult your local lawyer or a women's organization to know your rights. The case under Section 125 CrPC can be transferred by the interference of the High Court of your State.
Adil/BA LLB
From India, Calcutta
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You can get your case transferred to any other neutral place by giving an application to the high court. However, you have to prove to them beyond doubt that you will not get justice if the case is fought in the present court. Consult a good lawyer.
From India, Delhi
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From India, Delhi
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Dear Pooja,
Firstly, I do not agree that this issue is to be discussed on this site. Also, my vision may differ from the rest of others who advise you on how to go legal. If you could not adjust with your husband, it indicates you are a free mentality type and are confident in yourself - if so, then why are you begging through court for maintenance?
If you are confident, search for a job and become independent, and think of the future rather than going for legal issues. Just meet ladies who, at a moment, may have become renowned momentarily by casting a suit against their husbands and in-laws - but what after a year or two? They have spoiled their images and have gone to lengths for survival.
So, again, be what you are and think about your future, how you want to carve it. Find within yourself what you are best at and start searching for a job - probably in another city or town and have a peaceful life where you can also find a suitable partner. Don't mess up your life.
From United States
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Firstly, I do not agree that this issue is to be discussed on this site. Also, my vision may differ from the rest of others who advise you on how to go legal. If you could not adjust with your husband, it indicates you are a free mentality type and are confident in yourself - if so, then why are you begging through court for maintenance?
If you are confident, search for a job and become independent, and think of the future rather than going for legal issues. Just meet ladies who, at a moment, may have become renowned momentarily by casting a suit against their husbands and in-laws - but what after a year or two? They have spoiled their images and have gone to lengths for survival.
So, again, be what you are and think about your future, how you want to carve it. Find within yourself what you are best at and start searching for a job - probably in another city or town and have a peaceful life where you can also find a suitable partner. Don't mess up your life.
From United States
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Dear I would also like to support the views expressed by Mr. Neeraj. With Regards, R.N.Khola
From India, Delhi
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From India, Delhi
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Sir,
I need help. I was working with an MNC company in Ahmedabad. One of the HR managers harassed me, used rough language, and treated me as a servant. He also transferred my job from Ahmedabad to Delhi, where I worked for 1 year. I was with the MNC for 14 years. After continued torment, I finally left the company. I deeply regret to say that I could not do anything against this manager. I made a written complaint to the MD against this individual, but no action was taken against him. This occurred four years ago. Whenever I think about my previous company, I always see this Dracula-like face coming to mind. Please suggest what legal action I can take against this individual.
From India, Ahmadabad
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I need help. I was working with an MNC company in Ahmedabad. One of the HR managers harassed me, used rough language, and treated me as a servant. He also transferred my job from Ahmedabad to Delhi, where I worked for 1 year. I was with the MNC for 14 years. After continued torment, I finally left the company. I deeply regret to say that I could not do anything against this manager. I made a written complaint to the MD against this individual, but no action was taken against him. This occurred four years ago. Whenever I think about my previous company, I always see this Dracula-like face coming to mind. Please suggest what legal action I can take against this individual.
From India, Ahmadabad
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Dear Mukundan,
The trouble with the rat race is that even if you win, you're still a rat. I would suggest you forgive and forget. Mahatma Gandhi had said, "The weak can never forgive. Forgiveness is the attribute of the strong." I believe that you are not weak.
The filing of a criminal case is not a solution to your problem. Rather, if the case is filed, it itself becomes a problem involving loss of time and money. Go for some constructive work. People like your ex-boss are always found everywhere and in every job. They are people with a sick brain and are incomplete persons. So, do not love the company you work for because you are not sure when the company will kick you out despite your love for it. Instead, love your job and yourself. If you love your profession and the skills of your job, you will be recognized and respected everywhere.
From India, Calcutta
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The trouble with the rat race is that even if you win, you're still a rat. I would suggest you forgive and forget. Mahatma Gandhi had said, "The weak can never forgive. Forgiveness is the attribute of the strong." I believe that you are not weak.
The filing of a criminal case is not a solution to your problem. Rather, if the case is filed, it itself becomes a problem involving loss of time and money. Go for some constructive work. People like your ex-boss are always found everywhere and in every job. They are people with a sick brain and are incomplete persons. So, do not love the company you work for because you are not sure when the company will kick you out despite your love for it. Instead, love your job and yourself. If you love your profession and the skills of your job, you will be recognized and respected everywhere.
From India, Calcutta
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