rsraghukumar
03 April 2012 at 16:57
sir what is the meaning of Initial Burden?
I filed OP to declare the marriage as null and void. I have given my evidence as PW-1 and i called first husband he came and given his evidence as PW-2. and i filed some of the ducuments to prove the first marriage.
The girl did not ventured to enter into witness box. she avoided the witness box. simply filed memo stating that there is NO EVIDENE from her side. and all the exhibits and evidences of PW1,2 are sufficent to decide OP.
Now the girl came for appeal. now she is saying that the petitioner failed to prove his case. initial burden was not discharged. what is the meaning of initial burden? in what way i can prove my initial burden? now she is saying the plea in the appeal that priest was not examined, photographer was not examined etc. sir i have doubt here. when first husband came as witness in my case her counsel did not questioned any thing about priest or photogrpher or validity of marriage. now in appeal how can she take new plea. is there any position in the law that the pleadings which are not taken in the Trial court, can be taken in Appeal court. or she is misleading the court now?
arya
03 April 2012 at 16:33
Me & my wife living separate from each other. I am living in Rent house & my wife living at my mother house. My mother has been dispossession from her property through Legal notice me & my wife. But my wife and my mother in law & father in law living in my mother property. Now she filed a complaint against me for maintenance in family court & also filed a complaint in CAW Cell. So I want to know how is percentage of maintenance on husband salary. Can my mother file a maintenance case on me.
rsraghukumar
03 April 2012 at 15:38
Sir initially i filed FCOP in family court to declare my marriage as null and void. after one year the opp party filed transfer petition to her district where she is residing. the hon'ble high court transfered the file in equal distance not to her district. the hon'ble high court tranfered to senior civil judge. recently senior civil judge ordered my OP in my favour. immediatly i filed ceaviat in HC in CMA (As per my counsel advice. the opp party approached HC and obtained interim Suspension of ORder passed by senior civil judge. she filed in FCA but i filed in CMA(misguided by my counsel. Sir one of the counsel's said that senior civil judge will not come under family act, CMA only will come. which statement is correct. though decree was given by senior civil court(it is not family court) it will come under cma or FCA. if it comes under CMA now i can make a represnation to HC registrar about this issue.?
Prabhat
03 April 2012 at 11:04
Just 5 months after my wife left me. We got separated since last 10 months & completed 1.3 yrs to marriage.
My honest queries :-
Whether wife can ask for equal share of property which acquired after marriage or acquired earlier before marriage ?
If I have Falt on my name and my parents are co-applicant and we are currently living in that flat how she can acquired the flat or ask us to sell the flat.
Can she claim my fathers/ mothers property too ? I have one married sister too.
Gifting flat to my parents will be worth ?
This new law made all of our family members really panic
If she can do this :(
What are the provision to save my property from my bitter half.
Please do not suggest to don't marry which I already did.
But I assure I will never marry in my rest of life ....
rsraghukumar
03 April 2012 at 09:30
sir to prove a love marriage which is taken place in a temple, no of witnesses are necessary to prove it? is there in any act in hindu marriage act to prove a marriage,by calling the parties who attended to the marriage must come tell witness in the court? if not please suggest any citation relating to my issue.
Niny
02 April 2012 at 23:07
My muslim client, facing 498 & Domestic violence cases. He do not want to keep this wife any more.
Can he marry another Muslim girl, when case of Residence etc going on? How many months he have to pay maintenance to 1st wife? is it 3 months iddat period or more?? There is no children and marriage lasted for one year only.
Niny
02 April 2012 at 22:45
I could successfully got rejected Divorce Appeal of husband, and I am for Wife.
Wife contesting 125 cr p c for maintenance. As no alternate left, husband sent notice, to join matrimonial home within 7 days or he will file petition of divorce once again for desertion.
I sent wife with husband complying with his notice, and they started living together for last one month, but with reservation, as husband already had affairs and promised another girl to marry. Husband is highly qualified having 2L earning p.m.Wife left her job of 30k , to join him.
Is wife safe in his home? A son of 4 years with wife's mother, can she safely take him to house in law??
Can husband throw out Wife, now that he started cohabitation??
Should I withdraw maintenance case?
Please suggest.
S P Goel
02 April 2012 at 15:08
Respected sir, Thanks for earlier help given to me. My wife and two sons 31 yrs Service with Rs 24 lacs package and 26yrs Student of MBA after engineering left house in Oct 2010 and living separately in Delhi, my wife files a case under PWDVA in KKD and notice served to me, March , I did not give reply. I replied in June 2011 and they did not submit rejoinder in Sep 11, only advocate came and then again in Dec 11 , not submitted and only proxy advocate attended and penalty imposed on them by court Rs 600 and now date is in April 2012, I wish to know ,01 if my wife do not submit rejoinder now, whether case may be dismissed.
Other facts-
01 She has not filed any application for maintenance u/s 125 but demanded in main application u/s 12 . Demanded monetary relief ., medical and medical expenses.u/s 20.
My wife and my both sons are enjoying, house is in my name, in first hearing , they had taken interim relief on house not creating interest of third party, we have filed an application in Dec 11 for waival this condition.
Kindly advice me, 01 dismiss is possible of not, ultimately what can be my responsiblity, I am not earning anything, she had mentioned in NCR also in Oct 10.
Any detail, I shall be pleased to submit sir
thanks and best regards
S P Goel
9810101999
G V RAO
02 April 2012 at 10:12
Contested Case and obtained divorce on 28th Jan 2011.
Remarried at register office on 05/05/2011.
She filed some petition at high court on 20/05/2011 and i have received the notice from Highcourt on 30/03/2012 and my parents re directed the notice to my present address and i am expecting the notice to my present address by this week ( Which is at other state ).
My query to expert is,
Can i receive the notice from high court or i can avoid.
Whether highcourt can set aside my IInd Marriage.
Pls advice..
Thanks..gvrao
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Evidence
Hi Experts,
Husband filed photocopies of wife's payslips/Income tax return/ TDS certificates of wife etc. Judge asked Husband to bring originals onnext hearing. Husband has some original and some are just print out of electronic /digital docs.
How to produce computer print outs? or Better to request Banks for verification?
Please advise.