Pavan
19 March 2012 at 13:21
D/Sir,
My wife was living seperately since 2007, soon after our marriage and never come to my house to stay . She had visited 5-6 times in last 5 years and we had a male child 4 years old. My son is living with my inlaws and they are preventing me forcefully to meet my child. Also, my wife is refusing to come to my house and live. She is working in a private company and earning Rs. 15000.00 per month.
We had tried to persuade her through different means ( relatives and friends ) but, failed to get back her into our house.
I had filed a petition undersection 9 in a family court in Indore in Jan.12. After recieving the notice , she had filed a another case of 498 and Dowry against my parents and sisters ( married ).
I want to know whether this false case will be heard in the court or it can be rejected by the court and can be directed to family court for merging it with old case of Sec. 9.
What step should I take immediately to counter this problem ? PLease suggest.
Thanks
Aditya Sharma
18 March 2012 at 21:43
Hi,
I am also a victim of false cases registered under section 498 (Dowry), 316 (Miscarriage) and physical assault. I have to take Arrest stay from Allahabad Court and later Interim bail after two failed meeting with them. In Mediation, we both agreed to live together and for last 3.5 months, she is with us at our house. I have to take this decision because of my family. I was suggested to compromise and react later but I don't want to continue relation with her and want to move on.
Actually, I initiated this with sending a petition for Divorce under section 13 as I was fed up with her and her family's activities and was thinking that she will think for the relation seriously but her family reacted in this manner. At last, I have to take my case back from Delhi High Court after this compromise.
We tried to negotiate and settle the matter with money as it was not looking possible to continue this relation but they were not ready for this. now she has left for her house and nothing is fine between us. I have not received any information regarding next date for mediation so that this case can be closed.
Please suggest, how I can get rid of this and what should I do right now.
Member (Account Deleted)
18 March 2012 at 21:23
As per MOU, withdrawal of case has been mentioned on Date fixed.On being asked by mm "when would we take case back-after or before first motion" ,we replied -"after first motion." First motion is still due and we are apprehensive of deliberate delay by the other side wrt second motion after knowing that such incidents are common. But now mm is asking to not delay it till second motion though we asked her to let it happen after second motion only. What remedy is there?
premkumarnallari
18 March 2012 at 20:09
The special magistrate at Hyderabad issued orders for maintenance in a GV case.Now, can the respondent move the higher court? if so,what action can we take?
salman khan
18 March 2012 at 11:09
what about the maintenance if the person has a two wife as per the muslim law. and if he want to give divorce one of them, then can he give divorce and whether divorce wife has a right for maintenance from his husband.
Naresh
18 March 2012 at 10:42
Dear Experts,
In my divorce case, wife (respondent) filed IA to send me to medical board, which court allowed and sent me for test, and now the result came in my (husband) favor. Now, when we asked the judge to mark as the respondent document, as it is received due to their request, he is not agreeing for that and asking us to file a fresh application to be marked as petitioner document. I am dis-inclined to do this, since it again takes more time. In this regard, I have the following question.
(1) Is it correct on the part of the judge not to mark in the respondent name for the reason that it has not come in their favor, though they are the one's who requested for it by filing IA?
(2) They filed this IA, thinking that it would come in their favor, but just bcoz it didn't come in their favor, they shouldn't go back and the court should allow them to go back, is my opinion, what is your learned opinion, on this matter?
(3)What is the accepted and widely followed procedure in the matters like this?
(4) When the result of IA comes against the requesting party (i.e petitioner in IA)? Are there any earlier judgments, in such similar matters to be marked as petitioner's documents irrespective of the final result?
Thank you sirs
Gaurav
18 March 2012 at 07:57
I was ready to go for mediation center date and i received the call from my lawyer that mediation will not happen this day as mediation center person is not available and some of his peer called my lawyer.
I later checked the number and no one picking on that number and also i found that number is near to FIL home. The number from which call came is MTNL and Landline number.
The cal never came directly to me, so i cant prove my reason for absence in mediation center.
They might want to delay mediation or prove that i am not attending mediation dates. Kindly advise what to do in this situation?
My case is in Gurgaon.
sanjeev kumar
18 March 2012 at 06:34
D/Friends,
In 2009,I went to attend the court in connection with some mntce case in city A.She is an advocate in the same court.She,by misusing the impression of Bar Association,lodged false FIR against me and my brother that we assualted her with knife.Two advocates became eye-witness.The bail to us was granted by HC.Police initiated probe u/s 323/324/452 and found us innocent.Human Rights Commision also directed to SSP to submit his report,and the same was again in our favour.Subsequently she filed complaint in the same court u/s 323/324/452/307.From last three years I am being harassed by her bcoz I have to travel 450km to appear befor the court , no witness comes in the court,misusing the powers of her being an office bearer,she is lingering the matter to harrash me.Can, at this stage, I file Defamation case on her.If yes, what's about jurisdiction?
Ks Singh jiii
18 March 2012 at 00:45
Hi friends
i am confused in one of the cases so thought to take your advices please help me out
Girl- A is in her early tweanty where as X is a married man mid 30. Both A and X were in secret relation and involved in some love making and hence A got pregnant and however A decided to give birth to child and as A conveyed this to X.X got angry and harassed her and threated and now A needs maninatnce from X for the welfare of child
now what is the remedy for A so that she can educate her child As X has declined to help her
Please do reply as the girl needs help as she cat do anything as she is alone
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Muslim inheritance
this inheritance system in muslim law is one such topic i could never have understood right fro college day.can somebody provide me how many persons are only heirs of a deseased muslim and who can take what share in a simplest way.
highly oblidged.