Anonymous
04 September 2011 at 16:49
I got married in Feb 2009,i am working and earning decent enough.Even after maariage me and my husband lived in my company accomadation .From starting my inlaws didnt accept me though ours was arranged maarriage.Even before completion of 1 year they asked my husband to get separated based on false religious reason that i am not good for his life.When things didnt work out like this ,they started plotting him against me everyday.Lastly in Jan 2011 ,my husband left house when i was away and now after many attempts to reconcile ,he says he filed divorce case and in not ready to reconcile .he just wants to convince me that we should get seperately amicably.He says he has collected lot of proofs to get divorce...what should i do ...
1.I love my husband and dont want divorce but my inlaws are not at all ready to reconcile?
2.Since i had taken house on rent,i am paying the rent for same since marriage and now also and my husband is not ready to take away his belongings,in future if diicorce happens ,will he be supposed to pay rent which is 12,000/- pm
3.I have received only 1 summon since March 2011 and have not appeared in court ,what is average time by which 2nd
summon can be exepected.
4.Since my husband and inlaws are not ready for reunion talks,should i also take some legal step or sitting silent for some time will help.
All i want is my husband and nothing else..
StrictlyDivorce
04 September 2011 at 13:51
Hi,
Looking for professional advice on how to proceed since my wife who deserted me 2.5 yrs ago decided to file a case of DV with her local Police.
Facts/History
1) Deserted me 2.5 yrs ago
2) I filed for Divorce after trying to resolve thing amicably and things failed
3) Tried mediation and her demands were unreasonable
4) Just got a call from her local police informing me that my wife had filed a complaint against me, asking me to come next week to see them
How would you recommend i proceed. I happened to be out of town when the local police came and so they called me.
Should i accept the summons they want me to accept and sign the acceptance?
What steps can i take to ensire my and my family's safety
Look forward to hearing your suggesstions and reasoning behind that.
Based in Delhi.
Thanks
Ashoke
04 September 2011 at 13:10
Dear Sir/Madam,
As i am suspecting 498a against me and my family members, i just wanted to know what are the procedures of court hearing after AB.
1) How much duration normally court gives between one and another hearing?
2) Can i extend the hearing?
3) How much years take normally to finalize 498a case by court?
4) Is it possible me to let the case be continue in court by hearings for long time?
5) Can i continue my private company job in Bangalore?
6) If i get marry again to have a family and children, then another case shall be put against me. Is this badly affect the current case? Can this be continue in court for long time?
The court is in Orissa, India.
My wife is already in her parents house and i don't want she should come back to me by any means as she is cruel to me.
But i want a family and children as i am only one son of my parents and my mother is no more. My father is also of 67 years old.
Please suggest me in addition as well.
Thanks a ton.
Advocate Umesh
04 September 2011 at 12:10
In one Domestic Violence application Magistrate pass ad-interim order to pay maintenance Rs. 4000/-. & issued notice to opponents. but on next fixed date opponents father who also opponent no.2 was admitted in hospital for both kidney failure. so they unable to present before court but notice served on them. magistrate then pass further order that "Continue till further order." and issue recovery warrant for Rs. 8000/- on application of applicant.
Now we are going to present on next date with our say. can I present application for cancellation of recovery warrant and modify order u/s. 25(2) of domestic violence act?
PARTHA SARKAR
04 September 2011 at 03:06
Can a RCR (Exparte) decree holder file U/s 340 Cr.P.C. read with section 193, 200 and 209 of IPC before the Ld. Additional District Judge against the judgment debtor?
If in reply of show cause by the judgment debtor can submit that she has no knowledge about the decree/order before the Ld. Additional District Judge despite the same sent through speed post having acknowledgement received by the father of the judgment debtor along with letter of request to comply the RCR Ex-parte order being valid service as per Order 5 Rule 15 of CPC. Decree holder the same annexed at the time of filing of the Matrimonial Execution suit.
1. My question whether perjury case applicable at the same court or any other court U/s 340 Cr.P.C. read with section 193, 200 and 209 of IPC against the judgment debtor?
2. If not what other alternative remedy is available in such situation Decree holder having prima-facie evidence?
PARTHA SARKAR
04 September 2011 at 02:58
Can a RCR (Exparte) decree holder file U/s 340 Cr.P.C. read with section 193, 200 and 209 of IPC before the Ld. Additional District Judge against the judgment debtor?
If in reply of show case by the judgment debtor before the Ld. Additional District Judge can submit that she has no knowledge of decree despite the same sent through speed post having acknowledgement received by the father of the judgment debtor along with letter of request to comply the RCR Ex-parte order being valid service as per Order 5 Rule 15 of CPC. Decree holder the same annexed at the time of filing of the suit.
1. My question whether perjury case applicable at the same court or any other court U/s 340 Cr.P.C. read with section 193, 200 and 209 of IPC against the judgment debtor?
2. If not what other alternative remedy is available in such situation Decree holder having prima-facie evidence?
Anonymous
03 September 2011 at 20:52
Dear Sirs,
Is it necessary for the respondents to appear personally in PWDV Act -2005 on each and every date. If no ,then Can you please give any Citation.
I am told that the Hon'ble Punjab & Haryana High Court has given a judgement in this regards in Crl.M.No. 25966 of 2008. Can anyone upload this Judgement or any other related Citation.
Thanx & regards
Anonymous
03 September 2011 at 13:47
I m running my own proprietorship business. I m planning to get married in Nov 11 with a person who is presently associated with my business and I am paying him remuneration.
I trust him but want ot know how can I protect my earnings as on date as well as future earning of business.
What if we have fight and have to seperate, can he claim from that property.
If we sign on mutual agreement stating that he has no right in my property / earning, is it valid as per HM ACT?
Pls advise
Anonymous
03 September 2011 at 11:17
The petitioner,wife, submitted her virginity certificate issued by a govt. doctor without court order at evidence stage of an annulment case in family court.
Now the time has been given by the court for taking steps for both parties. On next date ,she filed application for adding one more ground, ie. mental cruelty, in original petition. Last date, my advocate filed reply to reject her application for amendment, and also filed application for my potency test by medical board.
But in case of challenging her virginity certificate, his opinion is there is no need to file reply challenging the credibility of it now, and later the time will come to challenge it. So, please tell me when is the right time to challenge the credibility of her submitted virginity certificate on ground of reliability of doctor and possibility of hymen repair surgery etc. and ask to send her for medical board checkup for the same?
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