Anonymous
19 April 2019 at 20:17

Family maintenance

Sir, one of my close friend who is a muslim is in great trouble. Her father is is having 2 wives. My friend's mother expired one year back due to mental depression of her husbands activity. My friend is a student and due to her father's negligence her study is hampered a lot. Her father is a class 3 central govt employee and staying with his 2nd wife. My friend receives only around 5000 per month for expense. Her father earns around 60000/ pm. She is in great trouble. She has completed her graduation and always depressed because of seeing her carrier going down because of finsncial crunch. Kindly help whether she can have right to get some more money from her father for enriching her carrier. Kindly advise. Thanx.


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Anonymous
11 April 2019 at 13:20

Time limit to pay cost order

In Family Court child custody case, if Judge passes cost order against husband while dismissing his interim application and if no time limit is mentioned, then within how many days he is supposed to pay the same ?

Is there any general rule applies ? if so, where can we find that ?


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Anonymous

Hi,
I radhe, My husband stopped paying alimony after my permanent alimony petition got rejected as I am working at one point of time. My marriage time 2007. We lived only less than 6 months. During which time I wanted to end marriage and got MTP done. Later my husband filed divorce and I had filed RCR in reply to his divorce.

Four years back his divorce petition got dismissed and my RCR petition got approved. There was court order to my husband to take me back for that 5 months time. 5 months passed and now 2 years passed. Then my husband file divorce again based on RCR decree which got dismissed. I am in liveinrelation/fake marriage. I want alimony that is my only concern.

Neither he has come to take order copy nor it appears that he will collect it and go for appeal in hi court.

In this case how to go ahead in getting alimony? My concern is I want alimony each month or lumpsum. My husband was paying 40k per month till my 125 crpc petition got dismissed. Now no alimony. What to do?

I already file 498a and DV case. 498a case did not get register at all. DV case got register and 30000/- per month rent allowed. He paid for some time then did not pay at all.


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Dear Sirs,


I had filed divorce and it got dismissed and wife RCR got allowed. I was paying 24k per month for last 10 years. After RCR decree passed directing me to take back wife within 3 month which I have not obeyed nor did I go for appeal in HC against RCR decree. Wife in meantime never contacted me in last 10 years. Only comes to court and tells I want to continue this marriage.

She filed DV case, gained forced entry to my parents house but as I wasnt staying there she could not get place in my parents house. She knows where I stay but she never bothered to come there with police or without police.

I again filed divorce under Section 13 1A (ii)
[(1A) Either party to a marriage, whether solemnised before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground—

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of 22 [one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.]

as RCR decree failed and more than 2 years passed since RCR decree passed.

The Judge did not record my cross examination and evidence in full, always kept saying it is not relevant to the case. Like this 2 days of hearing passed. Out of 4 hours of cross exam, just one sheet of 1 side paper came out.

Neither did my advocate question this.

During arguments wife side lawyer told give 50 lakhs and no objectoin for court granting divorce.

Still the judge dismissed my divorce petition.

By and large the opinion given by advocate Vijay Mahajan and opinions given by other advocates in Bombay HC are similar (no time frame given as to admittance as well as disposal of case).
I am yet to file appeal in the HC. If it takes years on end just for appeal to get admitted, then I better file divorce again in family court?


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How I can know the name of the opponent divorce advocate name. Not the one who is filing and doing all the court stuff but the senior advocate who actually mastermind the case. What is the way and to whom i can ask so that I can get proper information .I am not getting any details from my advocate . He is simply denying it on my face.


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Does it take years on end for divorce appeal to get admitted in High Court? Why will the HC send for mediation again?

In past 10 years 10 times or more mediation happened, all times wife did not appear. Mediation failed.
But still divorce petition got dsimissed (already explained in previous thread)
Why will it take years for divorce case appeal to get admitted in high court? This is as per Advocate Vijay Mahajan. I asked he did not reply hence I post this query to get other replies.


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How long will it take for High Court to hear my appeal case as my divorce petition got dismissed in lower court.


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(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.”

Based on the above I had filed divorce under Hindu Marriage Act.

The RCR case ran marathon for 7 years. I kept paying alimony to her and finally the RCR case was allowed and I asked to take back wife in 3 months time. I did not follow court order and I did not go for appeal against RCR decree.

My wife already with someone in live-in, but I am unable to prove it.

She did not try to contact me in the past 9 years. In last 2 years after RCR decree she got, she did not contact me at all.

I had filed divorce in above ground and other grounds of cruelty etc. But mainly non-cohabitation from date of RCR decree to date of filing divorce (2 years from date of RCR decree) was main ground to ask divorce.

Divorce petition has been dismissed.

In the meantime however before dismissal during arguments the wife lawyers argued that they did not have any objection to court granting divorce. But they wanted me to pay 50 lakhs as one time compensation.

The judge told them this is not alimony or compenstatoin case where she can ask me to pay alimony or one time compensaion in return for divorce.

As divorce case got dismissed. What should be my next options? I want to know.

In all this, the judge did not record my entire cross examination of 3 hours stating that it is irrelavant to the case on day 1 of cross examination.

ON day 2 of cross examination, the judge did not record 15 minutes of my cross examination, stating that that it is irrelavant.

If I have to go for appeal what should be my take?

Should I re-apply for divorce again in family court on new grounds?

I dont want to pay money as Already paid enough to wife 24k per month all these years. Now again I should pay money, not possible.

No children from the marriage.
Wife's permanent alimony case dismissed as she is working woman.


What if wife comes to my doorstep? She alrdeay filed DV case and it got dismissed.
What are my options?


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25 March 2019 at 11:23

Dvc

Sir,in dvc case PO is on transfer call on next date given.wt is the meaning of PO on transfer


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Dear Sir/Mam
As we all know "Tax evasion petition is the weapon of choice for the husband against abuse of dowry laws"
I filled a TEP against my in-laws in June-18 but no action is taking by IT deptt till now. I filled RTI but they reject it mentioning 8(1)(j) . I approached Ist appeal , in that also its dispose off. IInd appeal is under process. Its more than 9 months but no action is taken on my TEP application. I sent letters to CBDT but no action. In feb i apply for one other RTI but thats too also dispose off mentioning 8(1)(j). Plz guide me what should i do so that Investigation starts on my TEP application. PLz plz help me.... I m very much feedup.

Regards
Nitin


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