g singh
28 March 2012 at 07:55
Hello sir/madam(advocate)
please guide me,in my sister's divorce case wich was in high court, my sister's advocate did not appear in the high court on the date given by by HC. So HC dismissed the case. I am sure that my sister's advocate did so , because he was given huge money by other party to do so. it happened 11 month ago. when we asked our advocte in this regard , he said he was present in the court premise although not in the court room, as he was not informed by the court. advocate says, "You can see our attendence register maintaine by the court, which shows that i was present in the court premise although i was not present at the time of hearing. for the dismissal of case HC is responsible. in this regard i have obtained Supreme Court ruling........so and so.." we are confused as we are illiterate in legal matters. we want to continue our case please guide me in this regard
YASH
27 March 2012 at 22:03
Sir
My wife has been staying away with his parents since last 18 months. We got married in june 2005 and have a son age 5. Intially we stayed with parents and later we stayed seperately in rented house for 9 months. she left that rented home in November 2010 and did not come back. We tried several ways to call her back but all in vain. I am in Mumbai and my wife is in parents home at Gujarat. I received notice from local Ahmedabad court asking me to appear on 7th april. She has filed for maintanance sec 125 and also interim maintainence. We got married in gujarat .My income is very less and my parents are dependent on me. I cannot pay maintainance of 30k what she has demanded. I earn 20k per month. Please advise me as to how to proceed further. Should i file RCR or fight against maintannce case. Can i ask court to transfer case to Mumbai since our matrimonial home as well the last place of living together is mumbai. I am ready to stay with my wife together with parents , which is not acceptable to my wife. Pls advise
Nelofar
27 March 2012 at 21:13
Asked early similar query also.
Married 5 year back as per Muslim rituals (both being Muslim,arranged marriage,
mehar paid at the time of
nikka),
Have baby boy of 1.6 years,
Husband abruptly stopped communication from lost 6 months; neither came to c me as I was at my parental home.
Now he is saying I have divorced you, as he say he has send divorce through Registered post to my parental address to me & my father, as we were out of station so could not receive the same.
Also he is saying I have published in daily newspaper, but we did not have any information about it.
The allegation which my husband’s is putting is that I am not mental fit that too he is saying after 5 years of marriage & 2 years of engagement.
After my marriage my in laws ill-treated me, & I also even went to a Phsystriate after marriage because of ill treatment by my in-laws, he said u don’t have anything.
Now my husband is giving some baseless allegation which has never happened.
I tried alot through my friends for reconciliation but my husband is admeant that he has given divorce.
My husband has not paid even a penny to me & our baby from lost one year even though he is earning more than 70 K a month.
Is it valid Divorces ?
My Query is that is can Divorced Muslim wife claim maintenances from the Muslim husband as i am house wife?if so Judgement plz.
Harsha Harsha
27 March 2012 at 14:16
I ve given amount to my husband before mariag as he avoided fr marr n askd fr money. i trnsfrd to account. I heard thro police people, since mariage s done, it cant be taken as dowry proof. Moreover the amount was transfrd to his frnds' accounts and it happnd 4 years before marriag.
1. This bank sttmnt cant be given as proof fr dowry ? will this act as cause f action?
rsraghukumar
27 March 2012 at 09:23
sir to prove the first marrige is filed the follwing evidences:
1) 32 photos along with negatives of
first marriage
2) first husband called as witness (PW-2)
3) first husband's mother as witness.
4) legal notice issued to first huband by the girl.
5) legal notice issued by the first husband to the girl.
6) injunction order granted by Hon'ble court to stop first marriage.
7) some of the doucuments obtained under rti act(complaints given by the girl against first husband in Police Station)etc.(marked under subject to objection)
when 32 photos were marked there was no subjection. but in the cross examination the girl's counsel just asked a question like these photos are created. he never raised the questions like who is photographer, what is the adress, or never raised the question that call him as witness etc. but simply in written submissions, the girls counsel pointed that photographer was not examined as witness. the girl has not filed chief affidavit and not entered into witness box to prove her case. when this is the case can she file objection in written objections simply tht photographer was not examined. even she pointed in that written objection that priest was not examined. sir on whom the burden of proof lies. when she has not rebutted or contradicted the evidences which i filed by not entering into witness box can she say petitioner failed to prove the case by not calling the witness like priest and photographer. on whom the burden of proof lies. is it her duty to call either photographer or priest by sending witness summons when she is denying the marriage.
here the lower court failed to take congnizance of the documents which i obtained under rti act. why lower court has commited mistake by not taking those documents when her self not entered into witness box. she would have called the police conerned to prove those doucments na sir.
rajiv_lodha
26 March 2012 at 23:19
In my case, I applied for Divorce on cruelty grounds, girl submitted sec 24 on 1st hearing, we filed reply to sec 24 in next hearing. Judge started mediation himself for following 3-4 months. Then sent the case to Mediation Cell. After 3-4 more months, failure report came back from Mediation Cell. Judge mistakenly proceeded in a wrong way with the case. He “framed the issues” in last hearing & put a long hearing date after 6 months, which happened to be on 17/3/2012, judge transferred meanwhile & the new one was on leave that day. Now where has gone:
1) Respondents reply to my petition
2) My rejoinder
3) Sec 24 arguments/verdict?
Its all confusion as the previous judge erred when he framed the issues without digging the case file.
How to proceed further so that I may put at least my REJOINDER
suresh
26 March 2012 at 22:47
Hello Dear All
I am in a very problematic situation and need some expert advice. Please be sincere and try to help with some good genuine advice.
After marriage, my wife stayed 5 year with me/my family and then she went to her parents home after fight with me. While she was staying there, there were lot of falim iy clashes happeneds and our relation went to complete extreme.. Though my wife is good, she doesnt think of herself and only listen to her parents... It's almost 2 year she is staying and there is nothing seems to be happening. So finally I am thinking to give Divorce.
and after that i file a case againest her in section 9. after one hearing the magistrate ordered that file a petation for divorce on next hearing.. and against my case of section 9 she file case against me u/s 125. so please tell me what can happend in this case..
a k pandey
26 March 2012 at 20:34
application for speedy trial under 21B for case of divorce has been rejected by trial court.
If writ petition filled under article 227 r/w 21B HMA in High Court, whether proceeding in trial court will be held till matter decided by H.C.?
Meghna Panchal
26 March 2012 at 18:59
Dear Experts,
Please give me the name of the organizations who is working for violence against men.
Please its urgent.
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Counter petition
Respected experts,
I am fighting a marriage nullification filed by my wife under the influence and bainwashing of her parents.I told everything to the judge clearly and the judge asked me to file counter petition.I have written all the things with the support of evidences.Please help me to complete the pettions.
Can any body post the first page format ?
Here should i write my name as petitioner?
can I file it in english?
please give me some hints.
Please help me by posting the format of front page and hints to be followed