shivamurthy
03 February 2012 at 17:08
Respected experts, I want to know whether a matter can get referred to mediation center before filing of DV petition? Whether both the parties have to agree for the same or even single party can pray for it?
Knowledge Gainer
03 February 2012 at 17:03
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?
Gopal Ranjan Panigrahi
03 February 2012 at 14:05
Sir, an individual X had deserted his wife Y since two months, Both were married legally a year back in Feb 2011 and are issueless. Both are teachers X being permanent teacher drawing 25,000/-and y on contract drawing 8,000/-only.
X also has bad habits of smoking & drinking which was known later on. Earlier for few months both x & y were staying jointly at common working town but since last 3 months later X has deserted Y and is staying with his parents at another place 40 kms away; Y is staying alone. X is not taking any responsibility of Y nor responding to his calls
What should be the course of action for Y
in above situation to bring X on line for his liabilities & responsibilities under law
Member (Account Deleted)
03 February 2012 at 13:48
If a child was born in a live-in relationship between a married man and an unmarried woman, can the wife of that man ask for the DNA test of the child to prove adultery/bigamy?
What are the limitations or whom can ask the DNA test of a minor child? Can court order DNA test of a minor child without the consent/request of mother?
Shantanu Wavhal
03 February 2012 at 12:53
to submit a case law in court, what is the acceptable form ?
I mean - printout from websites like www.indiankanoon.org etc. / photocopies of AIR Book.
kindly enlighten.
Dr.Gaurang N. Gandhi
03 February 2012 at 12:11
we have filed a HMP for divorce u/s. 13 in Civil Court
More than 3-4 times we have tried, the court summons is not served to the respondent. The summons by RPAD is also unsearved.
on our application under order 5 rule 20 for an advertisement as substitute service, Hon'ble court had allowed our application for public notice, but court had made a specific order to advertise in TIMES OF INDIA MUMBAI ADDITION because the respondent is living at Mumbai. After the said order we have inquired about the rate of such advertisement, it is more than 1 lacs. for the said addition in court per-forma.
sir, on our request to change the paper advertisement instead of TOI to other court had given 4 feb for the hearing. and told that once order is passed not be changed.
the case is on hearing of the application to change the paper publication from TOI to DNA or Gujarat Samachar Mumbai addition.
pl suggest me /give me authorities of SC or HC in support of our argument.
Member (Account Deleted)
03 February 2012 at 10:52
Dear and respected experts as you all know about me and my case of nullification under section 25 of spl marriage act.
I and my advocate went throgh the petition and noticed one thing that 1)i forced my wife and threatened her to marry if not i would suicide and kill her2)I was fraud to ger about my job.
My question is they say that the consecnt to the marriage was fraud and also i threatened her is it correct.They agree that i was fraud and why should i force her.If the consent to the marriage was fraud the there is no need to force it is our view.if any thing you please reply me experts.
Member (Account Deleted)
03 February 2012 at 10:29
My husband deserted me. He applied for Null & Void in grounds - compelled to marry him. And I have applied for RCR. But he is not appearing for any hearing in both the cases. I contacted his lawyer also. He is not interested in Reunioin and not willing to give any alimony also it seems. Now I heard from his friends that he is going to London to do MBA.
1.I want to stop him to go to foreign . How to proceed?( if he go thr, it will take time for me to proceed the divorce case)
2.I need alimony with divorce. But he s not willin to give t seems. How to proceed
Anonymous
03 February 2012 at 10:25
My Name is Latha. I am living in Chennai
Husband deserted the rental matrimonial home. And he is staying with his friends. I applied for RCR but he didnt appear at all. Now I am staying as PG. But they asked me to leave shortly.
Now I dont have any home to stay. My parents are accepting me since its love marriage. After marriage for 5 - 6 days we stayed in his Grand Mother home.
1. I asked to return my jewels. But he is delaying.
2. I am planning to go and stay in his GrandMother home, as I dont have any other source to stay.
3. My lawyer says that FIR may be filed against me since I am going to GrandMother home. But I have no other go. I dont have any home to live in. So I am planning to go and stay there till they return my jewels. I feel that FIR wont be filed by police guys. WIll they file FIR against me?
4. My lawyer is delaying in filing 200 Cr.P.C and he is delaying in filinf Domestic Voilance act also. So no other go, I have planned to stay in his Grand Mother home.
Note : I am working women.
I know that i dont have rights to stay in GrandMother home. But I need to get my jewels for my use. So I have no other option to get it from him.
pls tell me what are the problems I may face. I need to care about precautious steps for it.
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Fir- inlaws, husband
I have made a complaint against dowry on my in-laws and husband long nack around 3 months back. But they closed the CSR. Now through DIG office, they told they will put FIR on him and in-laws. In-laws and husbadn tortured me like anything and finally i got the FIR
He didnt return back my dowry money, jewels etc.
I need to get back all. Also right to stay in shard household
(Note: I am working women).
1.My father-in-law is govt employee. Can I use use the FIR copy to suspend his job? How to process?
2. My husband is Chartered Accountant student (CA_Inter) in TamilNadu. Can I use this FIR to cease his job/education? If so how?
3. He is planning to go to foreign. (London). I need to stop. How this FIR will help it?
4. My mother-in-law is getting pension from bank. VRS lady. Can the FIR help me to affect the pension of hers? If so how to proceed?