Anonymous
08 January 2012 at 17:36
there is a situation please guide me:-
a RCR filed, notice issued, respondent(wife) along with reply an application u/s. 24 of HMA filed, reply of application filed by the petitioner(husband, date fixed for argument on the application u/s 24, Court asked for compromise, wife willing to go with husband, when asked to husbands advocate, he said that husband is in jail. but in fact husband was present in the court but advocate of respondent and respondent also unaware about this fact. thus a clear cut lie was spoken by the advocate of petitioner in the court.
what to do now?
dr.pawan rajyan
08 January 2012 at 15:32
RESPECTED SIR ,what is DIR ?... in D.V. ACT. what is all consists of... regards
Deepa Bhasin
08 January 2012 at 14:57
The Union of India enacted ‘ The protection of women from Domestic Violence Act 2005’ with an object to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family & for matters connected therewith or incidental thereto. The Act came into force through out India on 13.09.2005.
Karunadu is a welfare state in the Union of India & Kalyan nagar is a district within the state of Karnataka.
Respondent No 2 Ramesh is the resident of Kalyan nagar He is a software engineer by profession getting a handsome salary of Rs: 1 lakh pm. With his earnings respondent
No:2 purchased a house at Kalyan nagar, In the year 2008 he married the petitioner Soubhagya who too is a software-engineer by profession and earning hand some salary of Rs: 80,000/- pm. They lived happily for about six months in said house at Kalyan nagar. Thereafter differences cropped between them resulting in the petitioner being subject to domestic violence by respondent -No:2 & finally he was driven out of his house by the respondent No2
Petitioner Soubhagya filed an application in the Court of JMFC, Kalyan nagar under section 12 of The protection of women from Domestic violence Act 2005, alleging that she has been subjected to domestic violence by the respondent No:2 & interalia sought following reliefs
i) restraining or prohibiting the respondent No:2 from operating bank lockers & bank accounts held singly by him, (U/s 18(e))
ii) restraining the respondent from alienating or disposing,off or renouncing his rights in the shared house hold or encumbering the same situated at Kalyan nagar, owned by the respondent No:2 (U/s 19 (d)& (e))
iii) directing the respondent No:2 to remove himself from the above shared house hold (U/s 19 (b))
iv) monetary relief of providing her maintenance by the respondent No:2. (U/s 20 (d)).
The respondent No: 2 opposed the application on the grounds that shared house hold and the bank lockers & accounts are his self acquired properties & petitioner has no right /title over it. She is even not entitled for maintenance as she is able to maintain herself with her handsome salary. The respondent No:2 further contended that having regard to relief s sought against him, the application of the petitioner against him is not sustainable in view of section 36 of The protection of women from Domestic violence Act 2005.
The learned JMFC, Kalyan nagar upholding the contentions of the respondent No 2 {with the reasoning that petitioner’s relief’s of restraint are untenable as under the Hindu Law
the respondent No:2 is the absolute owner of his self acquired properties and under Hindu Law and also under 125 CrPC the petitioner is not entitled to maintenance as she is able to maintain her self } rejects the application of the petitioner.
Being aggrieved by the same the petitioner challenges the constitutional validity of section 36 of The protection of women from Domestic violence Act 2005, in the High Court of Karunadu, contending that said section 36 is violative of article 15(3) of the constitution of Indian & the said section nullifies the entire Act & therefore is unreasonable. Its constitution validity is also challenged on the ground that retaining said section creates two classes among women itself.
(Before the Hon’ble High Court the respondent No:2 remains absent.)
Issues raised
1) Whether section 36 of Domestic violence act is ultra vires to Article 15 (3) of the constitution of India.
2) Whether section 36 of Domestic violence act is against the objective of the said act and other sections of the said act, If so can it be held ultra vires of the constitution.
3) Whether section 36 is discriminatory among woman having regard to the object to the act and is thereby voilative of article 14 of the constitution of India.
Anonymous
08 January 2012 at 12:05
hello lci experts,
i need your expert opinion on below standstill.
myself victim of 100% false 498a case filed on me/my mother/my 02 relatives, after which i filed for divorce and fortunately with all correct informations and facts the honourable district court verdicted for divorce decree (with one time alimony announcement for wife and my 6 year old son). this is fine and i will respect the honourable courts judgement to the best of my capacity.
coming back to the 498a case, now i know and have proofs of this being a 100% false case forced on me. now what options i have to counter this...
my specific question is:
- can i go for quashing this case in the higher court (high court), if so what are the steps (is there a process of mediation in high court when i request for quashing / stay)
- as the case is opened and i am not appearing in the trial (as i think the case has to go for the stay/quashing - for being a false one), do i stand / apprehend a chance of arrest to appear in the trial.
kindly advise.
PARTHA SARKAR
08 January 2012 at 11:24
Kindly advice under following situation:
1. RCR decree (ex-parte) Execution case pending.
2. Judgment debtor appeared and filed show cause with fresh allegations but in prayer stated want to want to comply with the Ld. Court decree (in decree Ld court directed the opp. party to stay with her husband at her matrimonial home).
3. Against false statement 340 already been filed at the same court.
4. Next date case is pending for filing of affidavit in opposition and hearing.
1. On the contrary judgment debtor is a working woman filed divorce at her own residential and work place jurisdiction.
2. Judgment debtor threatening by her advocate if the decree holder try to contest the suit she will lodge 498A etc. However as per RCR order she is not staying with her husband since Feb, 2008.
Kindly advice under such circumstances what will be the best steps to get justice in favour of decree holder?
Shantanu Wavhal
08 January 2012 at 00:47
if petition is u/s 11 read with sec. 5 (i) of HMA, for declaration of nullity of marriage,
Can the court send / recommend the dispute for mediation ?
PS : Question sounds childish to myself;
But senior lawyers at my town say YES.
Anonymous
07 January 2012 at 21:16
Dear Sir/Madam,
My brother lives in Saudi Arabia and did not come to India as his passport is with his sponsor and he is not allowing him to come to India. My sister in law filed a dowry case against him, me, my sister and my daughters. We belong to a good muslim family.
My sister in law lives with her mother in her mothers house and does not live in the ancestral house of my parents. She left the house within 2 months from the exit of my brother to Saudi Arabia. My parents have been expired long back so we got him married and we are not involved in his personal life and don't stay there. But she filed a case and called us there and when we went there she said to sign an agreement and agree to her terms otherwise she will send us on remand. So i signed as per the agreement he has to give her 4 lakhs compensation within 15 days and divorce her.
I wanted to know if anything could be done to avoid all this as we cant give such a huge amount.
thank you
Anonymous
07 January 2012 at 19:04
If respondent doesn’t appear in the court and if he submits the written statement (WS) regarding maintenance case through speed post with A/D in family court then will it be acceptable by the court?
Anonymous
07 January 2012 at 17:39
Hi Law gurus,
--> My mother is one of the child out of 2 sons and 2 daughters for my grand father.
--> My grand father has own earned property (80%)and ancestrol property (20%)
--> Now both my grand father and grand mother not alive and there is no will written about the property
I need to know
--> Whether my mother has got any right in the property legally
And FYI, we leave in Karnataka state
Your inputs will be much appreciated and helfpul
Thanks
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Divorce petition
can the girl after filing an affidavit for mutual consent refuse to sign the evidence affidavit in the court of law suddenly creating an imaginary dispute which never existed in the mutual consent petition till the stage of evidence?
also till now if the girl has not filed any affidavit as regards the nature of the dispute in court, what are the options for the boys lawyer in court to speed up the divorce petition as the mutual consent petition has yet not been disposed
the girl had filed for maintainenace claiming to be a housewife while she was gainfully employed.
can any legal action be taken for this false affidavit