chandra mohan
16 August 2011 at 22:09
Respected experts,
My wife had put following cases to harass me:
false FIR in X police station at my native place against me under sections of 294, 506 and 323 Cr.P.C. under the political pressure against me and I was arrested by police and produced in the court. The case is going on in X court.
Dowery harassment and DV case at Y police station at her native place.
I had put a divorce petition in Z court at my work area (3000km away from X) citing the above false cases and cruelty to my septegardian parents.
History:
our marriage is 15 yrs old.
This problems are created by in laws who are political leaders.
I am a senior official in Govt department and leave cant be granted frequently.
my parents are old age and needs wheel chair.
my wife had discarded the children and do not want to take responsibility of them as well as my parents.
i am the care taker for them right from cooking food to taking them hospital/school etc and I cannot leave them alone to attend these cases
A) Now she will initiate action to transfer the divorce case at Z court to her native. How to stop it?
B) what I should do to handle these three cases at three different locations?
C)How to stop police arrest in Dowery and DV cases.
Anonymous
16 August 2011 at 19:54
Would request your advice in the below case of my close relative. I am giving the incident details.
Marriage took place on 10 July 2011.
There was no consummation of marriage as the Girl said she is not well.
Girl disclosed on 19 July 2011, she has an affair with her driver and she cant continue staying with the Groom.
Groom handed over the Girl to their parents.
Grooms side wanted, Brides side to file affidavit for Nullity of marriage based on advice of Advocate.
The affidavit contains the girl stating she has done blunder by not stating material fact of having affair and hence declare nullity of marriage.
Brides side had stated to me that it is filed on 25th July,
Now we understand it was filed in civil court & they are telling it should get rejected first at Civil court and then it can be filed at Family Court.
Would like to know was there a need to file at first place to Civil court when this matter was of family court?
Now we are finding brides side may not file the affidavit.
Wanted to know if from Grooms side whether the affidavit can be filed.
Thanks a lot for taking out time and advising.
Anonymous
16 August 2011 at 18:46
I am married for last 1 year. Occasionally we get involved into verbal fights and she threatens me of committing suicide whenever i don't agree. Few days back she tried to commit suicide. I rushed to the hospital and informed her parents. They refused to intervene. She is out of danger as it was not serious. She is not ready for divorce. I am frustrated and scared and feel helpless if she tried these things again. What precautionary measure can i take to avoid harassment?
Anonymous
16 August 2011 at 18:36
Dear Sirs / Madam:
I have few Queries about Maintenance Under Divorce & DV Act, 2005.
1.) What is the Criteria of Passing an Order of Maintenance in Divorce & DV Act by the respective Judges?
2.) Can the Wife Claim Maintenance from both Divorce Court & DV Act (MM) Court Separately?
3.) What is the Minimum & Maximum Amount of Maintenance that could be Passed by Judges of Divorce Case & DV Act respectively if the Husband is doing Business?
4.) What if the Husband going through Divorce has made an XXX Amount of Profit in Business in Previous Year & in Current Year the Profit has drastically gone down by 55% to 60%?
5.) Will the respective Judges of Divorce Case & DV Act consider Current Year's Financial Position before Passing any Maintenance?
6.) The Wife is Capable of Earning Around Rs.15,000/- to Rs.20,000/- per Month which she actually did before marriage? Even then, Can the Court Pass Orders of Maintenance?
Anonymous
16 August 2011 at 17:55
Respectful advocates,
I like to file a divorce petition based on my wife's false 498a complaint.
Few of her false allegations are :
a) dowry and mental harassment
b) illegal affairs
c) mental cruelty
etc etc
In reality there is nothing kind of.
Her father is a henpecked and pinhead fellow. They just want to take vengeance on our entire family and relatives.
They are not interested to come forward for talks eventhough so many elders try to solve the issue. They dont want discussions. They just want troubling us which makes them to file a false 498a, 406 cases on me.
So my question is
We both are engineering degree holders and working in private organizations.
My salary is say 12 laks per anum. Her salary is half of my salary, But she has enough funds in her bank account(s). Also, she is not having any dependants.
Still Iam worrying if she claims Maintenance and how to avoid her claiming?
So my questions are:
1) worry about maintenance
2) can I file using her false 498a allegations or shall I file divorce with different grounds?
Please advice by mentioning positive and negative points.
Anonymous
16 August 2011 at 16:25
I was married with my wife 5 & 1/2 years ago,i have a 4 & 1/2 year girl baby, 10 months ago my father in law took my wife with my permission with him for few days to spent some time with hime & his family,but now they are not sending my wife back, they have taken my wife in their full confidence, she is imposing alleagations on me that i beat her, she does not wanna live with me & demanding divorce , my wife & my inlaws are very quarrel in nature, my mother went at my inlaws home to meet my child , they trated her very badly & misbehaved with her. i have three brother in laws.The middle one is in jail & my father in law & other two brother in laws are on bail in a murder case & most prominent chnces of imprisonment of all of them in that murder case, they are denying
to give me my baby back , sir please help me to get me my dear baby back, they are emotionally blackmailing me.
Anonymous
16 August 2011 at 16:00
Need details of reputed family lawyer in Pune for fighting a divorce case. A proven lawyer with good track record.
Anonymous
16 August 2011 at 15:16
Hi,
This is in continuation of my previous question regarding the inpounding of passport of my husband.Thank you for reply but if you could reply few questions.
My questions are -
1.Can he still live and work in Australia even his passport is imponded.Before his passport was impounded he took ex parte divorce from australia.
2.as you said that i have to pray to court so that he may be called through MEA with the help of Australian embassy in India ,but for this do i have to file a fresh case for this in family court or i mean how should i go about it.
could you pls explain in detail the procedure as i am in great distress from past more than 3 years.
I have also filed a case in Delhi high court against MEA in regard to his extradition but the hearing is pending.
Thank you in advance.
Rajib dey
16 August 2011 at 13:26
Hi,
Pls. refer JUDGEMENT, ACT & Rules….
If the husband get a decree of divorce on 20-3-2011 than the appeal period for 90 days stands to 20-06-2011.
After getting divorce he wait for 3 months and then remarry on 28-06-2011 i.e. after 7 days of crossing the appeal period.
But on 02-06-2011 the 1st wife gone to High Court and submitted an Appeal Petition and also a petition for stay order on the decree of divorce which was admitted/ accepted by the High Court.
The husband after 2nd Marriage gets the notice on 5-07-2011 i.e. after 7 days of 2nd marriage and 15 days from crossing the last date of appeal.
Now question is that: -
1. The husband wait for 90 days from the date of getting a decree of divorce from Family Court than he goes for 2nd marriage but did not get the High Court notice in time. Whether the 2nd marriage is legal or void?
2. Whether the 2nd marriage is a punishable offence for the Husband?
3. and if so, under which Rule/ Act/ Judgments so that the husband could be punished ?
4. or under which Rule/ Act/ Judgments the husband may be exempted form the charges for availing the gap period for 2nd marriage between the last date of appeal and getting a notice from the High Court ?
Pls suggest with Rules, Reference Judgments and Act.
Rajeev Dey, Assam
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