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sunita (fresher)     15 August 2012

125 crpc

hi, i am hindu and married to a hindu . Only two months of our marriage were passed when due to my inlaws misbehaviour i had to leave their house and come back to had my parents home. He had filed a case under section 12 wanting to turn the marriage null and void. He  had filed this case within a year.First he tried to cheat me by not letting me know that a case was filed against me in a court . It was only when i received a summon from the court that i took a step. I have filled a suit under section 125 crpc for maintaince. I don't want my marriage to dissolve. What should i do. All misunderstanding had been created by my inlaws. I am educated and maintaince is not the criteria as i can stand on my own feet. The only thing i want to know that weather i am heading in right direction. i want to ask that as i have filled this suit ,is it my consent towards divorce. I have little knowledge of the legal proceeding. He has taken a heavy dowry, whose evidences are present with me in the form of photograph. but i don't want to worsen the case by filing a dowry case. He is so much under his parents pressure that neither he had blocked my number so that there can be no communication between us. PLEASE SUGGEST SOME REMEDY.



Learning

 10 Replies

Anish Thakur 7018812737 (advocate)     15 August 2012

respected querist,

if he had filed a case under 12 sec ,you have to give the reply through your advocate and if you had filed a cse under sec 125 crpc it doest mean that you had given consent for divorce ,to get maintenance is your right, if he had taken dowry you can file dowry case any time it doest need any time boundation ,from my point of view i want you to file follwoing cases against him-

1file 125 crpc

2.file sec 9 RCR of hindu marriage act .

4.file application to get right in the dewelling house mean your matrimonial house.

5.in the mean time also request for arbritation and concillition,i am very much impressed by your point of view nad thinki9ng to save your marriage otherwise maximum cases we get enquired about filing 498a ,domestic voilence and dowry cases.feel free to call for any other advise.

1 Like

Sandeep Naik (Advocate)     15 August 2012

Madam,

When u have given dowry, then u are also equally responsible for the offence . U cannot say now that I have enough of evidence against ur husband . When u say that u r an educated lady then u should have avoided giving dowry  or should have not married . Just because ur no comfortable with ur inlaws , it cannot be ground for dissolotion of your marriage. 

Try to save ur marriage avoiding court cases. Just because ur husband has filed case against u does not necessarily mean that u should also file case against him. Ultimately both of u will ruin life by fighting cases years together ending up in compromise and ur precious life will be spoiled. Try to go back two steps and settle ur issue out of the court . Scars are their on ur mind , agreed , but it will be healed but if u go on fighting then then irreperable loss will be their . Let me mnow ur case and I may help u if u wish so

Adv. Sandeep Naik

Bombay High Court...Mob : 9967056980

HK_Jain... (498a Fighter)     16 August 2012

lol,

husband filled section 12 & immidiately girls file for 125 and the interesting thing is that she even don't want maintainance but wants her husband harassed by court proceedure only.ha ha ha

kya hoga is desh ka.

woman is taking revenge by filling couter case only..

Vinu (executive)     17 August 2012

Hello friend,

It's good that you don't want to dissolve your marraige. Then you can try for a open free talk with your husband. Even though you left your matrimonial home.. you have the right to stay. You can go and solve the dispute without any legal steps. If it fails you can go for family court and file a case to save your marraige showing your interest and real intention. Counselling will help your husband/in-laws to see your positive side. Good luck..!

Vinu (executive)     17 August 2012

If he blocks your phone calls and disturbs your communication and shows he is committing domestic violence against you. You shall approach your local police station and file a 498a dowry case with facts.but make sure that if you file 498A the reconciliation of your relation becomes hard.

HK_Jain... (498a Fighter)     17 August 2012

Originally posted by : Vinu
If he blocks your phone calls and disturbs your communication and shows he is committing domestic violence against you. You shall approach your local police station and file a 498a dowry case with facts.but make sure that if you file 498A the reconciliation of your relation becomes hard.

first read the query then write and post.

if you don't know much don't confuse the querist atleast. Your suggestion is out of the querist need.

Vinu (executive)     17 August 2012

Mr.Jain, The girl do not wanted to dissolve her marraige and do not want maintenance. It shows her good quality. Sorry to say this...Making joke of it is your reply to such query? That's what she need from you. How cruel...!!

Please do not stick on to the single opinion that all women's intention is to harass husbands.  Your "ha ha ha" suggession would never help her in any way instead it disturbs her hope to save her marraige.

Read Mr.Anish Thakur's post...and Mr.Sandeeps post. That will help her not  yours.

please do not consider all women as your enemies...!! i m not confusing anybody..If you had a lovely innocent sister you might have got matured opinions instead of making fun on serious sensitive issues.

rajiv_lodha (zz)     17 August 2012

Originally posted by : Vinu
If he blocks your phone calls and disturbs your communication and shows he is committing domestic violence against you. You shall approach your local police station and file a 498a dowry case with facts.but make sure that if you file 498A the reconciliation of your relation becomes hard.

@ Vinu!

What u r guiding this lady about?? 498a if he blocks her phone?? My God, heights!!

See, the lady has herself admitted that despite being a well educated person, she herself participated in the crime by giving HUGE AMMOUNT OF DOWRY. These persons shud be put behind bars 1st rather than going after dowry takers

HK_Jain... (498a Fighter)     17 August 2012

Originally posted by : Vinu


Mr.Jain, The girl do not wanted to dissolve her marraige and do not want maintenance. It shows her good quality. Sorry to say this...Making joke of it is your reply to such query? That's what she need from you. How cruel...!!

I don't understand why you people file false cases and after that you claimed we want not to dissolve the marriage,why women in India is so revenging by filling false cases in counter.My advice is for them meet a lawyer paid a fee for consultation not for filling frivolous cases.People file cases with lawyer and consulting in forum.Let her paid something.

Please do not stick on to the single opinion that all women's intention is to harass husbands.  Your "ha ha ha" suggession would never help her in any way instead it disturbs her hope to save her marraige.

I am not here to help any ABLA, I am here for real victim of frivolous matrimonial cases against MAN, to beware MAN to those type of illetrate women who can trap them, to save families and to support morally as well as legally.If she is concern with her marriage then why she file 125 although she don't want any penny from husband the answer is to harass husband only.If she want to save her marriage why she did not settle it amicably by sitting elders?why she left home within 2 months only? 2 months period shows here no efforts has been done to save marriage, and wife file 125. if she want to save marriage she can file RCR or she can fight the section 12 HMA with merit.for these ladies I always HA HA HA.

Read Mr.Anish Thakur's post...and Mr.Sandeeps post. That will help her not  yours.

It depends to querist noton you.Mr. Sandeep also hint querist that she is liable to DP3 as well, I do agree with that, she can file RCR if she wants him back.

please do not consider all women as your enemies...!! i m not confusing anybody..If you had a lovely innocent sister you might have got matured opinions instead of making fun on serious sensitive issues.

I don't hate women neither I am biased towards ladies, She makes me laugh when I read she is not aware of 125 as well as she don''t want money from him, she is immature lady.Jo boya hai uska fal to milega hi.

HK_Jain... (498a Fighter)     17 August 2012

Rajiv

Peaple like Vinu is now increasing day by day who suggest 498a to every querist wheather it fits or not. I don't think they are serious with the frivoloues matrimonial cases they are only time passing on forum when they got bored with facebook, twitter, chat..

My advice for those Please do not suggest anybody to file frivolous cases if you don't know anything, just watch choose a topic to be study like-CAW,Divorce,Child custody,maintainance,DV,Bigamy,Nullity,Anulments,Perjury,RTI. . be expert in any 1 of them rather posting anything in any post and please be gender biased while posting.