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aman rajput   05 February 2012 at 02:28

Matrimonial-sec.498a

Mediation between me and my wife is been Going In Women Cell.....Suddenly on the next date in women cell she gave it in writing that she is not interested in mediation further and our mediation comes to over without any result.

Now if she files FIR under sec. 498a against me on next date in women cell so can I be immediately arrest after filing the FIR without any investigation or I would be given a chance to prove myself innocent in women cell......as I have been given next date on women cell to come over there.....I dont know that whether should I go to women cell or not ??????????????

shivender singh   05 February 2012 at 01:26

Marriage under special marraige act

I AM SHIVENDER SINGH, A DEFENCE OFFICER. I AM A DIVORCED HINDU INDIAN BOY.I WISH TO MARRY A MUSLIM BANGLADESHI GIRL WHO IS ALSO DIVORCED.
FEW QUETIONS THAT I HAVE ARE:-
1. WHAT IS THE PROCEDURE REQUIRED AND WHAT ALL DOCUMENTS ARE REQUIRED TO BE PROVIDED BY ME AND HER.
2. SINCE 30 DAYS NOTICE IS REQUIRED, DOES SHE HAVE TO BE PRESENT HERE FOR THE ENTIRE PERIOD OF NOTICE SINCE STAYING MORE THAN 30 DAYS AT A STRETCH ON VISA IS VERY DIFFICULT.
3. IS IT POSSIBLE THAT NONE OF US HAVE TO CHANGE OUR RELIGION AND CAN FOLLOW OUR RESPECTIVE RELIGIONS?
4. HOW LONG DO SPECIAL MAARIAGE ACT PROCEDURES TAKE PLACE AND DOES IT HAVE TO BE IN DELHI ONLY OR ANY OTHER CITY IS ALSO POSSIBLE?

Soumya Nayak   05 February 2012 at 01:08

Force marriage

I have a query? I want to marry the girl i love, so do she. but her family got her engaged forcefully & now planning for marriage. What can i do on legal grounds? If i elope with her & marry, then what are the procedures to stay out of troubles.

Shantanu Wavhal   04 February 2012 at 14:38

Filing bigamy against wife.

My wife = divorced - registered divorce deed from her first husband.
Me = having Divorce decree out of first wed-lock.

marriage = May 2011 - wife lived with me only for 3 months.

I have already filed petition for declaration of void marriage (u/s 11 HMA.)

Status =
3rd hearing - respondent wife (respondent no. 1) & her first husband (respondent no. 2) are given hearing date of 22 feb. 2012 - summons already served upon both.

wife deserted 105 days ago - now defaming me & my family - i have mobile recordings - she said that she is telling (without any proof) at her office that - my husband is s*xually unfit - so i left him - and also other General alligations - bla bla bla ...

Am I entitled to file bigamy (494) against the wife ?

Other possible charges -
IPC 420, 494, 945, 496, 499
also wife as well as her first husband both are Govt. servents; so central civil services conduct rule also applicable.

Kindly suggest further possibilities.

harpreetdhanvi   04 February 2012 at 12:36

Divorce with mutual concent.

B & G, Hindu, Indian citizens, married in early 2007 in India. 2007 (end) both went to Australia for education & better life. Both used to continuously fight in Australia. By end 2008 the wife comes back to India alone and starts staying at her parents place. Dec. 2009 the families try to mediate without success(B in Australia). Dec.2010 B comes to India. After a round of discussing between B & G and families, both decide to divorce. Return the Stridhan. B goes back to Australia.
Now the problem is that B now is not coming back to India to sign the divorce documents and on one pretext or other he is delaying or ignoring. The G is very firm and does not want to stay with the B. G is desperate to get quick and easy divorce without litigation. What are the options of the G. I am related to the G.

Anonymous   04 February 2012 at 12:09

Divorce with mutual concent.

B & G, Hindu, Indian citizens, married in early 2007 in India. 2007 (end) both went to Australia for education & better life. Both used to continuously fight in Australia. By end 2008 the wife comes back to India alone and starts staying at her parents place. Dec. 2009 the families try to mediate without success(B in Australia). Dec.2010 B comes to India. After a round of discussing between B & G and families, both decide to divorce. Return the Stridhan. B goes back to Australia.
Now the problem is that B now is not coming back to India to sign the divorce documents and on one pretext or other he is delaying or ignoring. The G is very firm and does not want to stay with the B. G is desperate to get quick and easy divorce without litigation. What are the options of the G. I am related to the G.

Anonymous   03 February 2012 at 22:51

Widow

After husbands death,if marriage is not registered in court earlier, does the wife get rights on property of husband,if marriage certificate is not there what will be the option to get rights on his property, husband left with his mother,daughter and wife, also he is having 3 married sister and single brother, does they have any right to involve in the property of their parents same as her husband..

Anonymous   03 February 2012 at 20:33

498a query

my wife put false 498A case on me, please solve my following queries in regard to this :

1. Can wife and other witnesses modify/ improve their statements given to police and facts in FIR during trial and cross examination. what is value in eyes of law for such modification / improvements. Whether due to this prosecution case becomes weaker or stronger.

2.The statements given by father and mother is have some legal value or not.

2. Father and Mother of wife as PW and their statements during trial saying orally the facts of FIR and statements u/s 161 is enough for conviction u/s 498A

3. If in FIR them claim to give 10 as cash as dowry demanded and for this they say that some of the money is borrowed from relative and some is from sale of ancestral jewellery. how to counter this during trial.

4. If that relative come in court as witness confirming that he has given some money as loan/ gift to him, can we cross question that person about his sources of fund or bank statement.


Thanks in Advance.

Anonymous   03 February 2012 at 20:00

Marriage of schizophrenic patient

I am a young man of 27 years of age suffering from schizophrenia for last 7 years.For last 5 years my condtion is totally stable with minimal antidipressant maintenance dosage.I have been working in a multinational company for last 4 years. Now I want to marry without informing my would be wife about my mental disorder. will it be okay? Please advise.

Knowledge Gainer   03 February 2012 at 18:10

Order xviii rule 4 of the cpc 1908

PETITIONER WIFE HAS FILED EVIDENCE AFFIDAVIT UNDER ORDER XVIII RULE 4 OF THE CPC 1908. SHE HAS DEMANDED MORE PROOF FROM ME. SHE HAS MADE ALLEGATIONS LIKE DEMAND FOR DOWRY, NON-PROVISION OF FOOD, FREQUENT SLAPPING AND biting etc. My query is that it is the Hon'ble Supreme Court's Verdict that Petitioner has to prove all his/her allegations with necessary witness and supporting proof.

Mere filling evidence affidavit on oath and affirm all such allegation is valid in the court?

Should I require to prove my innocence?

What evidence she require to submit in the court in support of her claim e.g. She says I am demanding dowry and for that respondent i.e. I was harassing her mentally and physically. Now in the absence of complaint u/s 498A and other procedure how she prove that I was demanding dowry. Mere her statement that I was demanding dowry and harassing her is suffices?