K.K.Ganguly
06 February 2012 at 18:18
Would the Ld. Experts kindly advise on the following?
Husband filed Mat Suit u/s 13)(i)(ia) of Hindu Marriage Act when the marriage was solemnised u/s 16 of Act XLIII of 1954.
Wife does not want to give Divorce.
Is the above Mat Suit liable to be rejected as per Order 7 Rule 11 of CPC since the marriage was not solemnised as per Hindu Marriage Act?
Parth Chandra
06 February 2012 at 16:24
Hi Experts,
below are some facts of the my DV case and request your inputs for a DV Quash appeal which I am planning.
1) I am fighting a DV Case which is at respondent's cross examination.
2) DV Was filed after 1 year of separation at different location (her hometown) than my home town or our ordinary residence.
Based on above facts, my confusions are as below
1) Can I file DV Quash petition on limitation and Jurisdiction grounds at this later stage of the trial?
2) Can I use her reply in her cross-examination in my Quash petiton?
3) Is this quash petition has to be filed in HC or in sessions court?
4) What according to expert like you are the chances of this appeal getting succeded?
Thanks a lot for your kind attention and would be very greatful if you could guide me and I would love to do my bit to get a solid quash petition to enlight millions of sufferer.
Awaiting your reply,
Regards,
Parth
sanjiv
06 February 2012 at 15:29
It was arrange marriage. I have completed 1.5 year to my separation. During this period she mentally harassed me a lot & finally now ready to join me again. I lost my mother due all tensions she caused for . Now I don’t want her in my life again. So she filed DV act & 498(a). Still Investigation of Local Police station is pending.
I made mind to face both cases. Because as per my lawyer its initial pressure of these cases. After bail no worries .
But my problem is she is going to file rape case against me in court. She is telling that I had forced her for Sex several times before marriage (Like rape). We had sex in her farmhouse when she was also agree for that.In village it was easy for Even her cousin sister also helped us. Cousin went abroad after her marriage & obviously she will not admit. I will deny her offense about forced as rape. Even after all I was married after that and lived couple of months together.
My Question is : Physical relationship before marriage can be consider as offense in Divorce case? Should I denied about sexual intercourse before marriage ?
I know her lawyer put all these things in her mind. How should defense it?
Hari haran
06 February 2012 at 10:36
Dear Experts,
My wife had file a Dva thru Protection Officer & interim Maintanance.In the DVA main petition she stated that she & her parents tried for a rejoin but we rejected those steps, which is false. But As I willing to rejoin I had filled RCR & visiting rights for my 3 yr old male child in family court. Now in RCR she didn't given any counter for 4 hearings.In RCR his lawyer is telling that as DVA is going on in JM7 they need a last chance for counter. Now the judge has given a final date for counter in RCR. In DVA the Judge had told to start the trial, in that also she is not coming for enquiry. In visiting rights Judge told her to bring the child to court. She is not obeying even for the judges words. We have a recorded Evidence for her father stating that " All the allegation said in that case are false & I have filled this case only to revenge your parents" when my brother went for a solution to their house.
1. I wish to give Maintenance for my child & also to her. As I am earning 15k/P.M how should I give?
2. I need Visiting Rights for my child soon. What steps I have to take?
3. If she is not coming to examination then what will happen?
4. Now I am living with my parents. she askd for a shared household or a rental house? What should I do..
5. Can we win this case?
john
06 February 2012 at 02:06
Respected Sir? Madam,
this is with reference to the early query that I have asked. My case is already filed in Pune as my wife stays in delhi she has bought stay here in session court and transferred the case in delhi supreme court as Iam working here in Pune its not possible to attend in delhi, neither Iam aware of delhi where abouts, nor any relation is their in delhi. how can I bring the case back in Pune. Please help me and my family members are really strressed because of all faulty cases that has been put on me by my wife.
rupesh
06 February 2012 at 00:38
both party give app in family court(kutum nayalya) judje not acccept app because he is tranferd soon and told to clark give next date.till the date not comming any judje on that table can we tranfer our app because that not resistered(not give file no./case no.).
what i do because before this app i win RCR case court says girl saty with me happily in nov2011 but my lawyer not send any notice to here he saying she not want she want divorce. so i agree but at this time 4 month lost no dessigen! even court also. what is your oppinion for me help me plz Sir..
aaaa
05 February 2012 at 22:33
Can anyone expert Give me their Contact no. so that i can Consult my Query with Them.
aneesh
05 February 2012 at 12:03
Dear Experts .
1)Can the love letters of my wife given to me used as evidences in the marriage annulment case?(there are no signature and dates but written by her in white paper in her own handwriting.)
2)Can the photos taken by mobile be used?
3)Can the call list of my mobile be used ?
4)she has lodged an op in the family court and i am ready to disprove them but i have a doubt will they make any correction in that and will they attach any evidences later?
5)I am from Kerala and the case is in Kerala but i am from Tamil family i can speak Malayalam also but shall i speak in english in the court ?
Marriage under force SPL act 1954
venkat
05 February 2012 at 08:20
Dear sir,
Mediation is going on between the elders of the family, i fear the girls may proceed with 498A. Please adivse me wether i can go for Anticipatory bail for avoiding arrest. If yes what is the procedure, when i inquired with my lawyer he told that arrest is iminent for A1 in 498A. Please advise me sir, because arrest will destroy my life and my career.
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Child custody
A Muslim girl got converted herself in Hindu Religion but never made any changes in regard of her name and get married to a Hindu boy after there marriage a baby girl was born from the said wedlock but at the same time she got separated from her husband and after a period of time she had come to know that some criminal matters are also pending against him.After her divorce she again convert back to her earlier religion and got married to a Muslim boy.Now the question is, the minor girl since birth used to live with her mother and now her father trying to take the custody but the Mother is not at all ready?How can the mother stop the custody of her child?