T. Saranvelu
21 February 2011 at 17:42
Sir,
Wife filled maintenace case against me under 125 Crpc.
I need one clarifications that, I got homeloan and constructed a house before marriage. (EMI will have to pay upto 2020).
Whether payment of EMI to homeloan will be taken as expenditure from my salary for calculation of maintenance to the lady or not by court. or court will not considered the payment of EMI.
Please give suggestions.
Saranvelu
T. Saranvelu
21 February 2011 at 17:41
Sir,
Wife filled maintenace case against me under 125 Crpc.
I need one clarifications that, I got homeloan and constructed a house before marriage. (EMI will have to pay upto 2020).
Whether payment of EMI to homeloan will be taken as expenditure from my salary for calculation of maintenance to the lady or not by court. or court will not considered the payment of EMI.
Please give suggestions.
Saranvelu
Anonymous
21 February 2011 at 15:45
Query is from Husbands side????????
1) False complaint lodged by wife in CAW Cell,Delhi. After some counselling sessions,
Matter was tranfered to Mediation cell.
Is mediation cell's report is crucial,if it send back to the CAW cell.
or CAW cell can dispose off the complaint on the basis of report of Mediation cell.
Expert guidance needed.
Member (Account Deleted)
21 February 2011 at 14:43
respected sir
mai pichle 2 salo se domestic violence and maintenance and 498 and 406 ka case lad raha hu.court me maine mana kar diya hai ki mai apni patni ke sath nhi rahna cahata. next date march me hai. ab meri biwi achanak mere ghar pahuch gayi hai. aur do police walo ke sath lekar aayi thi. police wale aadhe ghante bad aaye the.aur wo ghar me rah rhi hai.par mai ya mere ghar wale use sath me nhi rah sakte. wo kabhi bhi hume nuksan pahuch sakti hai. please suggest kare ki kya karna cahiye.mai use nhi rakhna chata. plese help me.
dipankar
21 February 2011 at 10:56
I want to file civil injunction suit against my wife and my inlaws as they are forcibly remarrying her.My permanent residence is in westbengal..Now my question is can my lawyer file the injunction suit on my behalf from westbengal or will I have to appear before judge in person to file it?Note that the girls residence is in jharkhand.but my permanent residence is in westbengal. So if the injunction is passed it will go from Bengal to jharkhand.is it possible.
dipankar
21 February 2011 at 10:41
in a showcause notice does the 2nd party need to personally appear before court to give explaination.
sibasish pattanayak
20 February 2011 at 23:53
sir,
please post this land mark judgement passed by appex court on s.2(q) of protection of women from domestic violence act 2005 a Bench of HONOURABLE JUSTICES ALTAMAS KABIR & CYRIAC JOSEPH.
Their Lordship were pleased to set aside the concurrent orders of a session court and BOMBAY HIGH COURT...................Includes the FEMALE RELATIVES OF HUSBAND OR THE MALE PARTNER in the proceedings under D.V.ACT,
IN a case :SANDHYA MANOJ WANKHADE
VS
MANOJ BHIMRAO WANKHADE(HUSBAND)
SMT. RAMABAI (MOTHER-IN-LAW)
SMT. ........(SIS.-IN.LAW)
REGARDS,
SIBASISH PATTANAYAK, ADVOCATE.(PL.POSTTHIS JUDGEMENT)
Anonymous
20 February 2011 at 17:33
I was surfing on District Court website, Maharashtra Division, Thane District, Kalyan Taluka hosted and managed by NIC. Every year all most 600 marriage petitions were submitted by petitioners either for Mutual Consent Divorce or otherwise. Many of them decided within 6-8 months, 12-18 months etc. I am of the opinion that time taken to decided case should be made compulsory and divorce is given within shortest possible time. In some case parties to dispute get judgment after 4-5 years mean while there golden days and time of enjoyment is over. Also more family courts should be established.
I pray for all these that God give them nice thoughts and forgetting differences between them and taking lesson from past, have compromise and have better marriage life in future.
While checking disposed cases I come across following terms. I want experts and other faculties to throw some light on following so that it easy to understand meaning of the said terms.
Case status / Nature of Disposal
• Case Disposed / Contested – Otherwise
• Case Disposed / Contested – Judgment
• Case Disposed / Uncontested – Otherwise
• Case Disposed / Contested – Dismissed
• Case Disposed / Contested – Compromised
It will be easier to understand if explained with example. I have also put this query under another head but no reply is received hence I am asking again this query.
Thanks
Anonymous
20 February 2011 at 17:18
I am in defence service & married 8 months ago. The general behaviour of my wife(age-24) is not good. She does not know how to behave with someone. Or we can say she does not have common sense. Moreover, one day she told that "Mujhe to apno ne luta gairo me kaha dum tha." Then i got doubt. She told me after repeatedly asking by me that she was raped by her father 4 times in last 4 years before marriage and aborted 2 times also. Her mother & sister(married) only know about it. Now she is normal with her parents. But when i say anything to her she threats me that she will do suicide & attempted also. I am in extremely tense. My questions are: 1. Can i divorce her without maintenance? 2. What should be the ground? 3. How can i prove her rape if she refuses later? 4. Can her father be punished? Kindly advice me.
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Response and demand
Hello experts,
Need your opinion about case:
Husband filed divorce based on cruelty:
1.Not interested in child 2.Public insult 3.Unreasonable demands of money
Wife filed response accepting #1 and #2 with some manipulated context and requested court to grant she also wants divorce if XYZ amount of money ( she claims to be earned but never earned) returned to
her. Overall she needs money in liu of divorce accepting all other allegations.
What actions court can take? Is this some thing like bargain.entertained by court? What if all allegations proved by husband and wife already accepting - and wife can't prove her earnings.
Please advice.