sanjeev kumar
16 March 2012 at 16:45
D/All
I have been living seperate from her(lawyer)for 14 years,paying mntce regularly as per court directions.My divorce petition was dismissed in the Sessions Court in 2000 and after that it is pending in the high court.Subsequent events:-
1. filed 7/51 on me and my brother(dismissed).
2. FIR 452/323/324 on me and my brother
(Allegation:-Assualted with knife in the Bar room)(Dismiised by Human Rights Commision).
3.complaint of 406/498A also dismissed by the police after investigation.The complaint case filed by her in the court in the year 2004 on me,my brother and his wife,my mother.Still pending in the lower court.
Are these events valid ground for early hearing in the high court and for decree of divorce.
yashi
16 March 2012 at 15:56
Is it possible to get married in U.P and get marriage certificate from Delhi.And is there any time limit from marriage date of applying for certificate?
Sundari
16 March 2012 at 12:08
I am asking this question on behalf of my son, who is USA, my daughterinlaw got exparte degree under congenial rights and threating me and my husband forcebly enter our own house that she will stay here only and ask to vacate.
We have closed our house and went to my daughter's house. I want to fight for this on behalf of son. Is POA is valid to fight. If so, what is procedure. She is cunning and will damage if my son come back to India. Pls help.
Member (Account Deleted)
16 March 2012 at 09:49
Thanku fr ur eesponses from http://www.lawyersclubindia.com/experts/Litigation-exp-287721.asp.
My lawyers is my cousin only. :). He is a fresher. He has given me this modified draft and we would request to you to let us know if this draft isfine.
Because cousin says none of his lawyer friends applied for litigation but only maintennce. So myself and cousin sit toegether yesterday and prepared this with no guidance from anyone. :(
Petition under section 24 of the Hindu Marriage Act, 1955
1. The petitioner states that she is the petitioner herein and she is the respondent in HMOP No. --- of 2011 and she is the petitioner in OP No. --- of 2011
2. The petitioner states that her husband filed a petition for divorce under section 12(i)(c) of Hindu Marriage Act, 1955 before the court of Hon’ble Sub-Judge at Poonthamalli and the HMOP No. is --- of 2011
3. The petitioner submits that since the respondent had filed for divorce even before one year of completion of marriage she had to content the case to her matrimonial life and to recover her lost family status she applied for restitution of conjugal rights under section 9 of Hindu Marriage Act, 1955 before the Hon’ble Judge at I-Additional Family Court, Chennai and the OP No. is ---
4. The petitioner further submits that she had paid Rs.60000/- as lawyer fees for case proceedings, consulting fees and for Transfer OP for the HMOP No. --- to represent on my behalf and to put forth my contestations.
5. The petitioner further submits that she had paid Rs.60000/- as lawyer fees for case proceedings, consulting fees OP No. is --- to represent on my behalf and to put forth my contestations.
6. The petitioner further submits that she had spent the following amount for travel expenses incurred during the Court Hearings for both the cases
Date Court Taxi Travel Expense (Rs.)
23/12/2011 Poonthamalli Rs. 1500
7/01/2012 I-Additional Family Court Rs.1000
18/01/2012 I-Additional Family Court Rs.1000
7. The petitioner further submits that she had spent the following amount for travel expenses incurred during the Court Hearings for both the cases
8. The petitioner further states that the respondent was earning Rs.35000 during 2011 and he is earning around Rs.50000 as he is employed as ----
9. The petitioner further states that the respondent is earning a rental income for the from his following ancestral properties
Ancestral Home Address Type Rental Income/per month
Address 2 BHK Flat 15000
-------- 2 BHK Flat 15000
------- 2 BHK Flat 15000
--------- 2 BHK Flat 15000
10. The petitioner further states that the respondent is owning a house at ------
11. The petitioner submits that direct the respondent to pay the following litigation expenses which is cost effective to spend to get back her matrimonial life and to proceed a peaceful family life and a good social condition.
Litigation Expenses Amount (Rs.)
Total Travel Expenses till 18/1/2012 Rs.4500
Lawyer Fees for case proceedings, Consulting Fees, Transfer OP --- Rs.60000
Lawyer Fees for case proceedings, Consulting Fees OP No. is --- Rs.60000
Total Litigation Expenses till 18/1/2012 Rs.124500
12. The petitioner therefore prays that this Hon’ble Court may be please to pass a decree and judgement to the respondent to pay the litigation expenses of Rs.1,24,500/- spent so far for the court proceedings expenses and further on monthly during the proceedings and thus render justice
List of Documents filed under Order VII Tule 14(2) of C.P.C
S.No Date Description of Documents
1 23/12/2011 Taxi Travel Xerox
2 7/01/2012 Taxi Travel Xerox
3 18/01/2012 Taxi Travel Xerox
4 Respondent’s Salary Slip for the month of --- of 2011 Xerox
5 Poonthamalli Lawyer Fees Xerox
6 I-Additional Family Court Lawyer Fees Xerox
kavita vishwakarma
16 March 2012 at 04:40
i want to file divorce petition by mutal consent so there is any provision in family law so without the wait of 6month of period can i get the divorce
..
Member (Account Deleted)
16 March 2012 at 00:52
My wife filed a case 125 cr.p.c for maintenance two years back. Court passed interim order for Rs.1200/- for wife and Rs.800/- for minor child. I have been paying the said amount regularly.
During my wife's cross examination she stated that she is ready to live with her husband unless & until her father in law and mother in law come to bring her back.
Now in first week of January 2012 court has passed the final order. My wife's petition is declined and dismissed and court had allowed the Rs.1200/- for minor son only.
The court in its order has said that as per section 125 (4) of Cr. p.c. if a wife refused to live with her husband then she is not entitled for maintenance allowance. Therefore my wife petition has been declined on this ground that her condition of coming back is not sustainable.
Domestic voilence case is still pending.
Now I have filed a case of divorce as I am not interested to live with my wife.
My query : My wife can now file a fresh case for maintenance again.
If Yes, What will happen to this order.
Again she will give evidences and summon witness to prove my income.
asmita0009
15 March 2012 at 23:16
In my case the court had given the order for maintence which is not regulary deposited by my husband and now 10 month due amount is pending. so, instead of giving maintence in advance, appro. Rs.1 lac is pending. what i can do please advice. who is responsible, court or advocate?
Please note that during my case i observe that in India so many women have to experince this during court matters. Please not that i am not favouring men or women, but it is the matter of right.
so please advice.
Member (Account Deleted)
15 March 2012 at 15:29
Can anyone please let me know how to proceed legally to get seperated by a man mentally tortured by his wife?
..As they got married 1.5yr back and now with a baby boy...but the wife hardly stayed at the man's place for 4 months in this time...and is never interested to stay with the man.
Member (Account Deleted)
15 March 2012 at 15:08
The draft which my lawyers prepard fr litigation s as follows.
I ve a doubt if t s correct.Pls let me know if i need to modify anything..
1st document
--------------
IA of ---- 2012
affidavit of
1. marriage details (date, place)
2. his toture details
3. the amount of dowry he got
4 - 10 . other stories about my husband's torture to me
11. request the judge to order to pay the sum of rs.50000 for litigation
2nd document
------------------
Petition under 24 HMA
--> for reasons stated in accompanuin affidavit, i pray the court to please order teh respondent to pat sum of Rs.50000 the expense for teh proceedings and monthly during the proceedings and thus redner justice.
--------------
My doubt is he doesnt include anything about the case which he filed before I filed my RCR. And didnt add any thing about lawyer fees. Is the petetion ok fr litigation claiming?
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What next ?
Dear Experts,
In HC Judge awarded maintenance the husband is a private employee , now judge awarded maintenance of 75% of salary and the husband doesnt want to pay a single rupee to her and the husband is ready to go to JAIL ... my question is once he is put in Jail how many months or years the judge will send him to jail and after completion of the Punishment time once he is out of jail will he need to pay maintenance again ? already he has completed the punishment for not paying maintenance will Judge again give him same punishment again for the same crime.
Pls advise