jasvinder
14 May 2012 at 13:28
my friend wife filed divorce on ground of desertion and my friend also not want to live with her,if he will not appear in court can ex party divorce be given by court and what else court may award to his wife as she prayed only divorce.they have a child who is with her wife.can such ex party divorce can be challenged set a side after some time.
kishore
14 May 2012 at 11:24
sir i(28years) and my gf(24 years) are in love since 1 year we are planning to do LOVE MARRIAGE...next sir even i asked my gf parents abut my marriage they are not accepting...so my gf wanna marry me...she is ready to come out from her home..... what are the preventive actions do i need to take to prevent any legal/illegal dispute from her family end..sir even my gf saying she will written letter and give it to me...tat i have cameout of home with her own intrest..Means whom do we need to approach first (police with written application or Court for protection)...sir can any body can draft good letter so tat i will get tat matter from her.....sir even if their parents shouts/actions on me but they should not to threat to my parents....plzz sior any body can help drafting letter format...
jaya
14 May 2012 at 11:22
Dear respected seniors,the petitioner wife in crpc 125 rejected orally to give the passport size photos of her & her child for family health cards given by govt to its employees welfare in front of the fc judge.and also rejecting visitation of the child by his father with personal grudge.please provide the provision for the photos of son & visitation rights in same case.please give the sample format of application if possible.
rsraghukumar
14 May 2012 at 06:59
sir
i filed null and void case to declare my marriage as null and void as girls first marriage is still in subsisting.
girl filed counter for my case by stating that there is no first marriage,she never married any body prior to this marriage. and in that counter she never raised the issue like there is no photographer or priest or eyewitness of first marriage (BUT NOW ASKING IN APPEAL)but she simply denied the marriage by saying first husband as stranger.
first husand band also filed Suit to declare my marriage as null and void.
there also girl filed counter by stating that there is no marriage between him and herself. but in this counter also she never raised the issue like there is no photographer or priest or eyewitness of first marriage.
i called first husband in my case as witness, he came his evidence. at the time of cross examination the girls counsel did not questioned any issue like who is photographer and his details, who is priest and his details, and who are the witnesses who are appearing in the marriage group photo and thier details. he just asked one question that there is no marriage between first husband and the girl.
first husband also face cross examination in his suit filed by him. there also the girls lawer was silent about photographer, priest, eyewitness of the marriage.
at the last stage of proceedings in the Suit filed by first husband, they filed written arguments and in that they raised about photogpher was not examined , priest was not examined, eyewitness were not examined etc.
sir when the gril is silent at the time of cross examination about those issues can she file the same in written arguments? if yes she can file means how can it possible to cross examine them after all stages are over in the suit proceedings.
more over the girls in both the cases that is in OP and Suit she was avoided to enter into witness box.
now in the appeal in my OP she is asking that there is no Saptapadi in first marriage by taking new plea. can they take new plea about saptapadi here in appeal sir?
can girl can take pleas in wirtten arugments about photographer, priest, eyewitness in written arugments when they are silent in cross examination? under what section they took this plea in written arugments? is it maintainable or not?
moreover girl has not filed any chief affidavit or entered into witness box.
Foreign Marriage
14 May 2012 at 00:45
I am a divorcee boy planning to marry a divorcee girl. I came to know from the lady that her ex husband used to torture her. But it took them almost 5 years to get divorced by mutual consent that was filed just half year back. this makes me suspicious that she might have filed a 498a and later gave a mutual divorce by exchanging money which is why it took long. So kindly answer my questions -
what is the quickest and safest way to find out whether she is a 498a girl ? asking her directly may not work as she may makeup some story if she had given some concocted tale in the past.
Nitin
13 May 2012 at 20:25
Thanks experts for replying to my query @ http://www.lawyersclubindia.com/experts/Stay-in-gurgaon-498a-in-delhi-296661.asp
I have attended two meetings in Delhi. The CAW cell is now convinced that this is a false case, but still asking me to pay up beyond my capacity and get divorce.
I have recorded what the IO said about this case, but people are telling me I should not use this recording in court.
What shall I do?
rsraghukumar
13 May 2012 at 19:58
sir
what is the meaning of Establishment of Marriage? In what way a love marriage or arranged marriage will be established in the courts?
sir my marriage is declared as null and void on the gournd that the girls first marriage is still in subsisting.
first husband also filed a suit to declare my marriage as null and void.
accordingly the court decreed both the petitions.
Now the girl prefered the appeal in that she stated that essentail ceremonies are not there in the first marriage.( sir that girl in lower court totally denied her first marriage and never said in her counters that essential ceremonies were not there. and also she avoided witness box in OP and in Suit to contradict the evidences. is it possible to say now in appeal that essentail ceremonies are not there when she denied her first marriage in lower court?)
sir i secure two SC jugdments in that it is stated that if marriage is established,it is presumed that all ceremonies have been perfromed. i want to make use of these two judgments in my case.
sir i did the following things to prove/establish first marriage of the girl.
1). 30 certfied copies of first marriage photos obtained from Suit filed by first husband.
2) Injunction order certified copy obtained from Suit filed by first husband to stop second marriage.
3) legal notice issued by the first husband to the girl before second marriage for stoping it.
4) legal notice issued by the girl to the first husband.
5) called first husband as witness in my case. he came and stated that he married the girl as per hindu rites and cutoms and the girl is his legally wedded wife of him.
6) the girl escaped into entering into witness box. she has not filed Chief Affidavit but filed a Memo stating that my evidence and first husband's evidence are sufficient to prove OP and also stated that there is no evidence from her side.
IN SUIT:
1) first husaband given his evidence stating the grils as his legally wedded wife.
2) mother of first husband given her evidence stating that the girl is her daughter in law who stayed in her house for 3 months.
3) here also the girl escaped from entering into witness box though 3 opportunities were given by the court.
4) her father also a party in the Suit, he also avoided to enter into witness box.
sir the priest was not examined who performed thier marriage as he is no more according to first husband's ans in cross examination.
sir is first husband is direct evidence or witness in my case to prove my case as priest or any other person who attended their marriage?
sir i want to utilise the SC judgments which says that when marriage is establisehd all cermonies have taken place.
sir in my case will those two citations are applicable to me?
Prakash
13 May 2012 at 18:56
Ld Counsels,
wife claims that more than 15 Lakhs incurred in marriage expenses by her parents and prays the family court for direction to husband for returning the said amount.
Husband wants to get the IT returns of wife and her father which will falsify their claims. Can the family court consider the application husband for production of income details of wife and her parents.
Thanks in advance.
Tauras
13 May 2012 at 01:19
Hello,
I have filed Divorce Petition in the family court on Cruelty Ground which is a pending hearing. Subsequently in order to harass me and my family member, wife filed application under Domestic Violence Act. Court passed an Interim order for Payment of Maintenance and Separate Accommodation. As per Order I have been paying Maintenance regularly and provided separate accommodation on Leave & License basis. Now 2 years have been passed not a single day she stayed there in the rented premises. She is staying along with her father. She wants to harass me and weaken financially. She is a professionally Beautician and Providing services at Mumbai. She denies in the court that she is not a beautician but she is a housewife. Based on that court passed an order for Maintenance. Can anybody help me about this matter ????. Is there any solution or provision in the act to get out from providing separate accommodation for not staying in the rented premises? She is taking maintenance in spite of professional Women. She has also filed 498A Case which is a pending hearing. Please Provide solution at earliest. If possible mail me at taurasv11@gmail.com
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Interruption dv proceedings
1. DV Case against me is subjudice in Court for more than a year. Its remote town.
2. Meanwhile I have filed complaints against illegal activities of my inlaws , after my complaints various Govt. Officers have taken action on them.
3. DV case is at my wife's Cross Stage, in last date the examination chief was just about to begin the wife's Adv. interrupted and started arguing that I am misusing RTI Act 2005, I am harassing the whole Family of my wife by filing false complaints to various govt authorities, her adv than asked court time to file Affidavit & my complaints in court,
On that my adv. told me let him file documents and then will check it out and include in our cross examination, my adv. told if today we cross at later stage we cannot cross on documents filed by her advocate so better we wait for it.
Hence Court was adjourned and next date they are going to file complaint and Affidavit.
Some Background:
1. My wife doesn't stay with her parents she stay 25 kms away from there residence.
2. All my complaints pertains to place A (commercial property of my in laws & others)
3. On my complaints Govt. dept. have taken actions.
Query:
1.Complain against illegal acts of my in laws does have any connection with DV case.
2. In my view this is leading to waste of Court time and misguide.
3. Can those complaint be produced in court.
4. Can those complaint be marked as exhibit.
5. I have two citation on Right to complaint :
Any person acquainted with facts may make complaint whether he is aggrieved/dissatisfied or not
except where the code makes special provision for making complaint.( Gajraj v. Emperor, 37 Cr LJ
56 :AIR 1935 ALL 938; see also M.M. Maternity etc. Const. Committte v. Raj Muthu,
1978 Cr LJ 1360.)
Further, complaint may be filed even by person who has not a personal knowledge
of the facts stated in complaint.(Suresh Chandra Dev v. Emperor, AIR 1920 Pat 163.)
6. Does court have right to consider my complaints against my in laws technically. since proceedings under DV Act is in progress.
7. What arguments to put forward in order to avoid further delays in proceedings.
8. Citations/ Judgements/ inputs welcome & appreciated. Thankyou.