Sanjay Gowda
05 January 2011 at 17:14
Does a family court have jurisdiction to entertain a suit filed by a wife for partition and seperate possession from her husband, mother-in-law and father-in-law? (as all the four are the co-owerners of the property A schedule wife's share is 60 %) and (husband and wife are the co-owners of the property B schedule wife's share is 50%)please clarify.
Swapna Santosh Raut
05 January 2011 at 16:28
My freind want to take the divorece from her husband. Her husband is a drunkerd and abusing her every now and then. Only 9 months have been passed for her marriage and she is living with her parents. She was having an affair with someone else and when her parents came to know about this they forcefully took place her marriage with her husband. Now she didn't have any affair with her boyfriend after marriage. But her husband suspecting her every now and then and she fed up with this act. So let me know what will be the procedure for obtaining divorce as soon as possible.
Amit
05 January 2011 at 13:33
This is also attached with my previous query message.
Sir,
In divorce case, he/she can drag their friend to court?
If Yes:
1 : in which ground the petitioner may suit file against that friend?
2 : What most important evidences are require by court ?
Story is below:
Because a person is taking legal action on my friend. The wife of that person was a friend of my friend. That person always pressure my friend to contact his wife and tell him all the conversation. Now the person sent a messages to my friend's mobile that he will take legal action and drag him to court. After that messages my friend mentally depress. my friend has not contacted to that person's wife before 2 months.
Please provide the solutions to escape my friend from that situation.
Anonymous
05 January 2011 at 12:52
Wife put up Four 498a cases in previous years & compromised at PS itself &
hence no case closure documents done.
She is ready to mention in case closure paper in terms & conditions that she would not approach court/police in future.
Now it is understood that the written agreements are not enforceable by law
And Yes she can file fresh another 498a case at any time during your marital life.
Now some experts suggested solution
===================================
1) Meeting with wifes parents on monthly basis
2) Take down the status in writing to improve the cordiall relations & note down if any issues with wife & possible solutions & action thereof
Question
========
Will these monthly meeting papers, Can husband and husband's parents will be in a position to convince PS that any fresh allegations(God forbid) would not attract 498a esp false case.
Anonymous
05 January 2011 at 12:41
Dear sir,
In a petition for mutual consent for divorce wife agreed not to claim maintenance from the husband. But she still filed a petition for maintenance later when the husband remarried after divorce.
is the present petition maintanable and Can she claim maintenace even after her admission not to claim maintenance, any case law in support of husband's plea?
maradana
05 January 2011 at 12:33
I am staying in US. I got married in India on 24th July,2008.
After marriage I did not take her to US as I had plans to comeback to India Permanently.
After marriage often I used to come to India but we never had good time together.
She never talk to me. I lost interest in her and in marriage.
Last time when I came India we both lived together for 1 month but there was no change.
I told her if this is the case I can not live with her.
Then her family memberrs threatened me that
they will file harrasment case and seize my passport and they will make sure that I will not leave country as I am US citizen.
I have dual citizenship. so I left to USA immediately in July , 2009.
After that she filed case 498A,10C against me , my parents and 3 brothers.
Date of charge is 15-3-2010.Case has been filed in tirupati, AP .
We are basically from tirupati, Andhra Pradesh.
But After mrg we never lived in tirupati , we only lived in Chennai. Later on my parents also moved to chennai.
Two of my brothers are staying in Tirupati now.
Now she is demanding 1 crore to give divorce.
I want to come to India but she filed cruelty case on me in May of 2010 in local police station and they sent a look out notice
for my arrest in all airports in India.
We have a record of her saying mediator that we really do not have any problems in marriage life.
And also when she filed FIR she gave wrong dates Where I was not even in India.
Locations and dates she mentioned in the FIR are all false. We have proofs for that.
Now case is in court. But, not even one session happened till now. It is keep on getting postponed.
It is really false case but I need to come to India to prove that.How can I come India in this situation.
Can I put any case on her? If she is not ready to give divorce without 1 crore, is it not possible to get divorce from her.
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Appeal for change in Jurisdiction ~ 498A
Case:
My wife registered 498A against my whole family (in Oct-2010), case is filed in west godavari dist (Andhra Pradesh) which is her parental town. My parents live in another XX dist (Andhra Pradesh). After marriage we lived together (setup family)at bangalore (Karnataka), as i was doing job in bangalore.
She mentioned in the FIR as all allegations were happened at my parents town and bangalore.
Current Scenario:
Charge Sheet not filed yet. My parents obtained bails, me and my sister not yet.
Questions:
As the allegations were not happened where the case is registered, can i appeal this in high court of AP for change of jurisdiction either to my XX dist or bangalore ?
Can i appeal in Bangalore court ?