RAMJI
06 August 2012 at 20:34
Wife filed divorce in 2010 on cruelty and desertion (false..), husband attended case and persuaded for reunion on interest of child but the GREAT wife colluded with parents and prefered divorce even as exparte... husband just lefft her to decide and at one time husband was set exparte and she took decree with her only proof affidavit (just a mere replica of her petition) without giving any doc/ person witness....... interestingly the order reads that "petitioner was assaulted"..... (BY WHOM when where how and witness is missing) is missing....later just to pull the husby to court again.. she filed maintenance for her &child under crpc 125... husby appeared and persuaded again for reunion even now during counselling... she opted out and preferred only money.... court told husby to file counter.... counter filed on MC challening expart order on various grounds and also cause of action shown by her in MC/ CRPC is on different date than that of shown in divorce order....husby had brought out this in his counter and further enquiry is to commence.... with this back ground my questions are as below, pls give your views...
1. As the divorce is on exparte without witness on the false grounds of cruelty &desertion...... will this court be able to pass any interim order without even conducting trial on the present MC/crpc125.. wherein the husband has got evidencce to prove the " desertion was by her" and " cruelty is not by husby" as the order simply reads " petitioner was assaulted" ( who assaulted, where when is missing..) means that she did not give any evidence prooving it was by husby only.....
2. As a precaution, can the husband file under 307 crpc or any relevant seeking stay from sessions / high court " for examination of records or so...."
4. Can he file for maintenance for husband u/s 24 of HMA..... pending the crpc125..
3. Please give your feed backs / ideas " in what way husband can stop this interim maintenance order (except for child)....
Thanks & Regards
RAMJI
jitender pawaria
06 August 2012 at 10:22
R/Sir,
with due respect i want to know one thing a lady file application under section 125 in district court and the same is allow the maintenance of \ Rs. 2000/- per month and she not went into appeal against the order of Ld. Court which was passed on application under section 125. later on her husband filed divorce petition which is dismissed by the District Court then husband went into appeal before the Hon`ble High Court there wife filed her reply along with application under Sec.24 and Hon`ble High Court fixed the maintenance Rs. 5000/- per month. her husband is a junior advocate and enrolled as a advocate in 2009 and practicing in district court.
Now my query is that can wife entitle get maintenance under section 24 when her maintenance already become final under section 125.
A male child is in custody of his father and husband have responsibility of his old mother and father. no other alternate source of income with husband.
if any rulling of Hon`ble S.C on this point pls submit the same.
Aarti Hiranandani
06 August 2012 at 01:04
plz advice me on the division of these said assets
my father had reliance shares on his name jointly with my mother. both died 5 yrs back. my mother died before my father. we are a hindu family.
i need to make a succession certificate or letter of administration for the abovesaid shares.
Deceased is Male, my father:
His Mother (alive)
i, Daughter-1 (alive)
my sis , Daughter-2 (alive)
now i want to know what role does my grandmother play in this and how much she gets.we are not to close to her.
Aarti hiranandani
email - aartihiranandani@gmail.com
SANDEEP KUMAR
05 August 2012 at 22:53
A muslim wife has certain rights like maintenance. She wants to file a petition for divorce but without seeking those rights in that petition She also does not want to forgo those rights. The question is
1, Can a Divorce petition be filed by a muslim wife keeping all her rights open, which can be exercised later on, if need be?
SANDEEP KUMAR
05 August 2012 at 22:38
Suppose a muslim wife changes her religion. Within how much she should
1. Inform her husband;
2. File case for getting divorce from her husband due to change of religion
chandani
05 August 2012 at 21:07
hi all i am going through a divorce litogation.my husband is playing around with our joint accounts and also my single handed account.He from his post office account and other accounts use to trasfer amounts to my bank account(my single handed account) and then withdraw the samwe from atm.i in good faith and good times never asked him as to why ? but now in the court he is showing his account details tat he trassfered huge amounts to my account and that i withdrew tat money and took it in possesion? what do i do and how do i prove tat it was him and not me and tat he took my atm card or sometimes asked me to withdraw the money.
Neeraj Kaushal
05 August 2012 at 18:40
sir,
i have filed petition u/s 9 of hindu marriage act against the respondent /wife , wife filed application u/s 24 for maintenance , court awarded maintenance to the wife in proceedings u/s 24 of Hindu marriage act, and now wife has filed petition u/s 125 of Cr.P.C. in any other court, court in proceedings 125 awarded maintenance allowance , and now husband is paying maintenance in 2 different courts, if husband withdraw the petition section 9 of hindu marriage act , then maintenance awarded u/s 24 will be stand remain or not , because this application has been filed by the wife in proceedings section 9 and husband has not paid some installments of maintenance whether remaining balance of maintenance will be stand against respondent or will be forfeited if main application has withdrawn by the husband .
lopita saha
05 August 2012 at 14:44
i am a widow my husband died 10 years ago. leveing me and a child , the chaild has some mental problem. father and mother in i laws after husbands death tried to evict me forcibly from their house which belongs to my mother in law. i had been residing with my late husband in that house from our marriage for 16 years. due to my sons mental problem i have to go to my parents house for bettrement. now at that time my fatner and mother in law make a gift deed and gift all property to bharat sevashram sangha. i have no income and no house to reside. What right does i have on the said property after the death of my husband? i have no source of income and is dependent on my siblings for survival. ( as my chile is a mental patient) . now please advice what to do ? i have any right in the house where i live with my husbend? what to do now? i am helpless please help. IS THERE ANY LIGHT IN FAVOUR OF ME?
vijaykumar
05 August 2012 at 12:32
dear sir
i vijaykumar we sold our fathers property & divided between me & my 2 sisters after that i purchased a property in my mothers name & now my sisters are asking for a share which is in my mothers name which i purchased from my hardship i don't like to share the same but my mother is willing to give them the share bcoz its in her name.i had divided my fathers property to them with their signatures on the documents when we sold it now i am in a fix i am going to lose my hard earned property. please sir tell me what to do i will be very great full to u waiting for u r reply. thanking u your's faithfully vijaykumar
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Whayt is the best way to counter her ws
In my sec 13 HMA case, wife has filed WS. My side evidence is about to close. So I am preparing for next steps. Plz help me understand few things:
She has lied in WS at 2-3 places for which I have strong contradictory documents. What is the best way 2 utilize them?
1) Get her admitted “xxx” in cross, then immediately produce contradictory document there n then. Will it be recorded as such that we have submitted?
2) She has admitted a falsehood in her affidavit/evidence. No need to ask again, take risk during cross as she may speak a little different thing. Submitting straightaway the document which contradicts her claims in para zzz.
When she has submitted affidavit, we have done cross, is there some opportunity to submit WRITTEN stuff highlighting her falsehood in various paras.