Shantanu Wavhal
07 January 2012 at 11:07
As per HMA, 1955,
20 Contents and verification of petitions
(1) Every petition presented under this Act shall state as distinctly as the nature of the case permits the facts on which the claim to relief is founded, 2[and, except in a petition under section 11, shall also state] that there is no collusion between the petitioner and the other party to the marriage.
1) Does this mean that the Petitioner & Respondents are at liberty to collude ??
2) for petitions under other sections of HMA, Is it unlawful to join hands by the Petitioner & Respondents for the reasons which are lawful, good, just & helpful towards granting justice ??
Kindly enlighten.
Anonymous
06 January 2012 at 22:18
Dear experts ,
I got married in November 2007 and have a daughter who is amost 2yrs old.
My wife has filed a fasle domestic violence case after staying separate for 10 months.She left my home to attend a marriage function at her house on 1st November 2010 and she filed the case on 8th September 2011.I received notice on 1st November 2011.
The complaint consists of alleaged incidents which took place in 2009 and early 2010. My question is in accordance with the Indrajeet Singh Grewal case judgement which I saw recently in one of the topic . Can the above said judment be useful in my case as the alleaged incidents are more that 1yr old ?
Please advice
rajiv_lodha
06 January 2012 at 19:48
I tried to get answers on some platforms, but no satisfactory outcome, so experts plz guide me throu!
Girl filed false 498a+406 complaint with commissioner police. IO CAW cell enquired for 5 months, boys side submitted all proofs of their innocence there. IO+DCP gave closure report & did not recommend any action to be taken & the complaint was “filed” 6 months ago. Boy’s side still fear of 156(3) etc; may be PCR at MM court may be waiting 4 them at her city. No clues yet. Is there any time limit for the girl to approach MM court in this matter. How boy’s family can handle the situation further. Also…..is there any citation that MM court has to take DCP level enquiry into strong consideration b4 summoning the accused.
She can also go thro the defence (throu RTI) he has submitted at CAW cell & may slightly modify her allegations (she has ample opportunity during PCR evidence to do so) to circumvent the defense b4hand, thus cut the lifeline of boy's side......!
Throu' 156(3), court has vast powers, if I am right, the following ones:
1) May order PS to register FIR & do investigation further.
2) May take the CAW cell investigation on record, may not take cognizance
3) May summon the accused directly.
Is the police harassment less via court's way!
Member (Account Deleted)
06 January 2012 at 16:45
DEAR EXPERTS I NEED UR ANSWERS VERY URGENTLY SO PLEASE ANSWER MY QUESTION.
I AND MY HUSBAND HAD CONSUMMATED OUR MARRIAGE FROM JULY2011 TO SEPTEMBER2011.I HAVE APPLIED TO NULLIFY OUR MARRIAGE.WE DID NOT LIVE TOGETHER BUT MET IN SOME OTHER PLACES AND CONSUMMATED.I HAVE APPLIED UNDER SECTION 25 OF SPECIAL MARRIAGE ACT THAT IT IS NOT CONSUMMATTED.WILL CAN DISPROVE THIS? IS THERE ANY OPTION TO DISPROVE?IF I GO FOR MEDICKAL CHECKUP WILL IT BE FOUND?PLEASE ANSWER ME.
Dharmesh Kumar
06 January 2012 at 13:34
I was married 11 months backs. After that some quarrels happened and on July 11 my wife doesn't responds to me and my family. She only said that she will not live with my family. I beg her lots but all worthless. Well.... She is ready to live with me only not with my parents else she wants divorce.
There is no physical relationship within us more that 3-4 time’s in four months. She never allow to sleep with me on bed. Sex is the husband’s need in married life and if she not allowed co-operating on the same where should I look for it. Can I ask for divorce on this ground?
On July her father came on her call and after lots arguments she left my home with her father afternoon with all jewelers & all her stuffs. Right now there is not a single stuff of clothe, book etc… in my home. Her father arrogantly said me & my family that “I will signed blank paper that I will never trouble you any way (Just tolerate not did).” Only the proof I has is Society watchman saw her when she left my home.
I requested her several times not to go, but she denied living with me & my parents. No phone contact in between me & her during this separation.
But after 5.5 months her father wishes to settle this matter & agree to send her in my home again. She now denied that she never refused to have sex with me.
Her father realized afraid that I'm not taking initiative so send some mediators and also called me any say " Either resolved issue by accepting my daughter (without condition) or ready to separate (just to afraid us). I will forcefully enter my daughter into your home by broking door.”
I’m also made a mind to break this relationship & we don’t want her in any case. I would prefer to be live single whole life without her. Then they threaten us to do something bad with me and family. But still they have not filed any case/ notice against me. As well I not did any. She is BE Electrical & now searching job at her parents’ home since 6 months.
I'm a person who has very patience. But this case is gone out of bound. As I have experienced a mild attack during my Honeymoon journey when she refused to have sex. It repeated the same in next 2-3 months many times till she left my home.
After her left I got affected my job, my Father got Major attack on 60 ages. We all are living like dead bodies in 4 walls.
We came to know from one their close relatives. That they wish to enter her daughter once & will keep quiet for some time……. then try to separate my parents from me by doing some unlawful (attempt of suicide)/threading us ….. things when she would be in my home & create trouble for us. Then I will suffer lifelong. As her father given a blind support to her daughter in any situation.
That’s why I would like to avoid her entrance by Civil Injunction.
I will be complete to 1 year to my marriage on Feb 2012 (NEXT MONTH). I was suggested for Civil Injunction to avoid her entrance than to send RCR.
We were separated before 5.5. Months, so sending any notice to her will become legal date of separation? Because I’m looking forward for Mutual Consent. So I have holds on to file any notice/ RCR.
What is Civil Injunction?
How to apply for Civil Injunction?
C.I. governed by which section?? What is the procedure ??
Can apply for nullification of the marriage?
Interesting thing is that she left in next the day after I got my marriage certificate. Will this affects my Mutual consent (if she agreed on any compensation) which I wish to file on March 2012?
Anonymous
05 January 2012 at 20:17
a divorcy wife failed to get maintainence in 125 crpc , rivision & 482 then how can she get maintainence decree in hindu marriage act 25 (1)
is it bared by resjudicata ? if yes plz give any cytation regarding this
Anonymous
05 January 2012 at 19:40
RESPECTED EXPERTS,
ONE OF MY FRIENDS IS A MUSLIM WIDOW, SHE HAS NO SONS, OWNS TWO HOUSES ONE IN A VILLAGE AND THE OTHER IN THE CITY. HER ONLY DAUGHTER RESIDES IN THE CITY HOUSE. SO SHE GIFTED HER VILLAGE HOUSE TO THE SON OF HER LATE HUSBAND'S BROTHER AND SHIFTED TO THE CITY HOUSE TO LIVE WITH HER ONLY DAUGHTER.SHE HAS EXECUTED A NOTARISED GIFT DEED IN FAVOUR OF THE DONEE.
IMPRESSED BY HER ACT OF GIFTING THE VILLAGE HOUSE TO THE DONEE, THE FATHER OF THE DONEE HAS out of his free will, so as to help HER (THE DONOR)construct a second floor on HER existing house IN CITY. SHE HAS ACCEPTED THE CASH AND EXECUTED AN ACKNOWLEDGEMENT TO THAT EFFECT.
NOW WHAT IS THE EFFECT OF THE SUBSEQUENT RECEIPT OF CASH ON THE GIFT EXECUTED BY HER?
IT IS LOOKING LIKE A TRANSACTION WHERE SIMPLE SALE IS GIVEN A COLOUR OF GIFT, I.E. VENDOR GIFTING THE PROPERTY TO VENDEE AND SUBSEQUENTLY THE VENDEE GIFTING CASH TO THE VENDOR.
PLEASE ENLIGHTEN ME WITH YOUR VIEWS AND COMMENTS. THANK YOU SIR.
Anonymous
05 January 2012 at 18:37
hi sir/mam
i have got divorce papers alongwith vakaltnama.v have been remaining separate since 4 yrs.he has remained all through out a voilent n abusive person .he mentally tortured me for the whole life.wz not gud with kids too n got involved with one or the other lady since yrs.
now in his petition he is putting all false things.hardly anything is found to b true.i was not expecting this so i m shocked n dont know what to do further.
actually i dont want to give him divorce .he is in govt job n will be retired in 2015.his salary is more than 1.70lack n is staying in his own separate flat.but in his case he has told his own flat as rented.i am also staying in my own flat with joint name my husband as the 1st owner.my kids r adult.one is married n other is with me .he has done his graduation n is in search of a job.hope this much will help u .
thanx in anticipation but i request u to kindly advice me
Anmol Gautam
05 January 2012 at 15:44
Hi,
I wanted to marry a girl from other caste and my family did not agree to it. They forcefully put me under house arrest for two months since 17th Oct, 2011, in my hometown in Bareilly and various other locations. I underwent a lot of physical and mental torture.
On 4th Dec, 2011 few police men came to the house where I was kept captive in Aligarh in the evening. My marriage was fixed on the same day and in the police station with the help of the police, the girls father threatened to put a false dowry case on myself if I dont agree to marry.
I repeated my entire story of being already married to a girl in front of police, the girl's father and also to the girl herself. All pleas felt to deaf ears and I was forced to marry.
This all has been printed in Amar Ujala paper of Aligarh on 5th and 6th Dec 2011. Post which I requested the girl to help me and she finally let me go back to Bangalore on 11th Dec, from Delhi as she had never a wife to me.
They came after me to Bangalore and tried trailing me again with false police cases. Many media coverings have been made here as they had created quite a lot of scene around.
I have made a police complaint in Bangalore seeking protection and also through registered post in Aligarh and Bareilly, I have lodged a complaint against my family.
Next, I want to file for annulment of my so called marriage in Aligarh or through mutual consent I want to get a divorce from the girl.
I have been committed, in relationship with a girl in Bangalore for two years and was always transparent of my intentions from the very beginning.
Need a lawyer in Aligarh as Bangalore does not hold jurisdiction to file it here. Can you please help me out in this situation and give advice.
Contact for further details.
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Maintenance issue
Maintenance issue
Facts –
A notice has been served to me by the family court in connection with a maintenance case instituted by my wife.
I have to submit my written statement in this regard.
I have serious threat to my life in the city where this case has been instituted.
My Queries –
1. I don’t want to appear in the family court at any cost because I have serious threat to my life over there.
2. But I also want to submit my Written Statement (WS) in the court.
3. I also don’t want any interim maintenance relief from the court to my wife due to of my absence on the coming date and
4. I also don’t want the matter to go in ex parte.
Please suggest the suitable procedure to accomplish all these at once.
Regards!