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Capt. M.R.Kunju   12 March 2011 at 06:40

Application Of DV act.

Dear Sir,
1. Married under muslim personal law.
2. wife files divorce in family court.
3. Wife files Petition under DV act. Court grants maintenenace and protection. Husband asked to get out of matrimonial house, built by husband and is in both names.
4. Divorce petition declared Ex parte in favour of wife.
5. Wife remarries and continues staying in matrimonial house with new husband.
6. Is the court order restricting me still applicable as the same is with the police and the police is harassing me.
7. Can i set aside the DV act order and what other options do I have.
Best regards

Atish   11 March 2011 at 21:20

Divorce Case

As discussed many times earlier my wife left the house without my knowledge and filed a divorce case under section 125. This was after 22 years of happy marriage but she had converted into christianity without my knowledge 8 years ago.
We were married as per the Shia law as we are shias.
More than a year has passed and there is a lady I know. As per shia law if I could get married while the case is ging is one question which was asked.
But if they have come the knowledge that the lady is residing with me and my children then could that just be exposed in court or could they also file a police complaint?
Regards

Anonymous   11 March 2011 at 18:35

UNDER D.V. ACT AND 498C, 502.

1. I got married may 2010. after 25-30 my wife lives with me. Main problem form my wife mother to her salary problem. I am working in private company. She is government employee form January 2010 before four month of our marriage. After marriage mother in low directly take salary form her account. My wife also supports her mother. From july she is live with her mother. Without any dispute and problem form my side, she asking divorcé. I am not agree for divorce. Then, she file case against me 498c, 502, domestic violence in February 2011.

In this situation what should I do ? which action take for it ?

2. UNDER DOMESTIC VIOLENCE ACT MY WIFE CLAIM 5LACS COMPENSATION,10000.00 MEDICAL AND 5000.00 FAMILY EXPENCES. BUT SHE IS GOVERNMENT EMPLOYEE AND GET SALARY MORE THAN ME. CAN SHE IS ELIGIBLE GET THIS?

4. IF I GIVE EVIDANCE TO COURT IF SHE IS GOVERNMENT EMPLOYEE AND EARN MORE THAN ME.AFTER THAT CAN SHE GET AMOUNT FORM ME SIDE ?

Atish   11 March 2011 at 18:10

Divorce in family court but marriage as per shia law

Dear Sirs,
I have been very happy with all your responses.
One major issue which I wanted to discuss was that My wife and me were married as the shia law act and had registered the same.
She has filed a divorce petition in the family court under section 125. Is that the right thing.
Regards

Anonymous   11 March 2011 at 17:12

inter caste marriage benefits

Hi all

two of my friend, girl is brahmin and boy is backward caste(B.C), they got married, they heard somewhere that here is a law which can give them incentive for inter caste marriage. is it there if yes then where should they apply,

Details: both are ap domicile, marriage registration in ap(pithapuram)

Anonymous   11 March 2011 at 15:07

dispute between wife&husband

below one year- from the date of marriage- if wife want divorce from husband-what is the procedure to be followed to file a suit in the court of law. the ground to be taken - how to asses that ground under section 13 of H.M. Act

Anonymous   11 March 2011 at 12:25

Withdrawal of restitution of conjugal rights petition

Ld counsels,

Husband pleaded the family court for the withdrawal of RCR petition after filing a separate petition for annulment. Wife is filing an IA on that petition for RCR praying for the decree of nullity based on the admission made in the RCR petition.
Wife also filed an annulment petition before husband pleaded the court for withdrawal of RCR petition.

Can the court get into the merits of the case when the RCR petition itself is getting withdrawn. Is the IA maintainable. Should the husband file a counter in the IA although he is withdrawing main RCR petition.

Please clarify.

Anonymous   11 March 2011 at 10:32

Need protection against false complaint under section 307 & 498

Dear Sir,

Recently my family is facing some social problems.

My brother's wife fall off from terrace and she tried to suicide but luckily survived.

She given statement during medical treatment that she was slip away and fall off. Once Medical treatment over, she decided to went back to her house. There was no sight of any negative action.

Now she put complaint that my father pushed her from terrace however he wasnt at home at all as my neghbours phoned him to come soon.

She also put Fir that my family members asked for Dowry & harrashed her.

Now my family members are away from home and trying to present in front of megistrate as soon as possible with some gurantors.witnesses and lawyer.

At this stage have fear that Megistrate may not release them immediately and they may have to stay at police custory.

Please advice the best action to do initially for peace of mind and went back to home then will carry on matter in court.

Thanking you.


Atish   11 March 2011 at 08:52

Related to sms in court matter

I am going through a court matter in the family court for a divorce. My wife had on her own accord without my knowledge left the house and filed the divorce.
Is it easy to get a record of sms's of mine from the service operator and would it be easy to prove in court and would it be legally accepted by the court.
Regards

Atish   11 March 2011 at 08:48

Divorce matter

My wife left the house without telling me and filed a divorce as per muslim law. We are shia's. This has been over a year and the case is still pending in the family court.
As she has left me and as per shia law could I have an affair with another lady. Would it affect the case.
Regards