Anonymous
06 December 2010 at 20:57
A Petitioner-wife filed proof as xerox copy of her "Employment letter and salary slips" which clearly suggest that she was in employment, even before the time, when she filed divorce suit.
But divorce Petition+ supporting sworn affidavit, and also a subsequent affidavit for injuction app, she mentioned....
OCC: UNEMPLOYED (in verification and declaration in the end and the beginning of affidavits)
Divorce Petitioner: In one para, she says 'it is difficult for her to get a job due to compitition'
She did correct her stand as OCC: EMPLOYED in the subsequent apps and sworn affidavits for interim maint.
Question here is .....Is it a Perjury to lie on OATH in above manner? Is it a trivial matter in the eyes of the law?
It is crystal clear that she was i employment on the day of filing divorce petiton but still she lied on OATH.
Anonymous
06 December 2010 at 16:47
I am unmarried, my brother's wife has filed a domestic violence case against me as my brother is dead. My brother's wife had desert my brother 1999 and left him. In 2003 my parents somehow convinced both of them and united them in 2003 and again she deserted my brother and left him. In 2000 my father had purchased a property from his salary with the help of a bank loan and the same was leased out and it is a self acquired property of my father and my brother died in 2007 and my father gift the property in my name and he passed away in 2008. She has filed a domestic violence case against me saying that I earn Rs. 25000 and a rental income of Rs.5000 and hence she requires Rs. 10000 monthly to take care of herself and her son. The lower court has already dismissed the above petition and they are challenging the case in the higher court. I would like to know where do I stand
Anonymous
06 December 2010 at 16:17
Dear Expert,
I was mary 2002 and after so many dispute divorced 2005. Till the time we have one kid (boy). We separate because my wife has extramarital affairs. Court give the child custody to mother.
After divorced she has a lot of affair and I have some email where prove that she has a lot of affairs with many people. She flirt with many people.
2008 she mary again and my child not with her. Child stay with her parents home. And now she again have issue with married life and reach the divorced point.
My question: Can I go again for my child custody because she not success in any relation and a lot of affairs and that is not good for child life. ( I have email which show about the affairs it can be Evidence or not)
Regards
Anonymous
06 December 2010 at 15:30
Can we called woman dependent to her Family after Divorce or not
Anonymous
06 December 2010 at 15:20
What is the Legal Status of Divorce woman according to Law?
Married?
Unmarried?
Anonymous
06 December 2010 at 14:10
Hello Sir,
My father-in-law had bought the property share of his brother through the family settlement in 2006.He gave the money consideration for this with whom his brother was satisfied then. But after 2 years he filed a case against him saying that (1)he didnot sign the settlement deed(while his then advocate and witnesses are saying that he did)and (2)that it was not registered. We have all the papers for proving our case. We have won the case 2 times already and his pettition has been rejected. but Then In District Court we lost it. Now under Revenue Board Lucknow,we are seeking for "stay order" this time. Please tell me how to best handle the case. Is our case strong? By any chance,can my father-in-law transfer/sell the property during the case is still in proceeding. My father-in-law is a very good person. He has done everything for his brother that only a parent could do.but now, his brother has become greedy and selfish. It does hurt his sentiments and health.
Anonymous
06 December 2010 at 13:24
Ld counsels,
an IA is filed before the family court. Is it possible to submit written arguments for the IA from the petitioner side. What provision of law allowns written argumens for IA.
Please clarify
Thanks
Anonymous
06 December 2010 at 12:59
Respected Experts,
This has relevance to my previous question on when can a husband who has filed for divorce when his wife was pregnant claim for the child born and whether he can file a petition for the same, irrespective of th fact that he did not take care of the wife or his unborn child (during pregnancy) and also after pregnancy.
NOTE: The wife does not wish to give divorce or ask for maintenance but wants to rejoin her husband.
It is understood that the experts have responded to the same by saying that eventhough a petition can be given by the husband for the same, but the same will not be accepted by teh court,as till the age of 7 the natural guardian of the child is the mother .
Given the above situation, if the husband wants a child LESS THAN ONE YEAR to be brought to the court (Family Court during the conduct of the divorce proceedings ) and he wants to have the child, can he obtain orders to have the child (within the court or anywhere he wants with the permission of the court)
Experts, need your opinion on the same
Request you to please analyse the above situation in the light of the facts mentioned above both in the aspect of humanity (that no care was given to the pregnant woman, unborn child and also the new mother and new born till date) and also as per law (he is the biological father)
Experts have given opinion that the visitation rights can be given
I have one more question on the above :-
What should be done, if there is an order passed by the judge to bring a new born baby to the court and give to the husband
The case here is the baby is suffering from cardiac ailment - congenital heart problem and requires open heart surgery and is very small and should not be taken to a place which is prone to infections
Further the judge who has passed such an order did not give a chance to the wife to explain the case to him and also he does not know the facts of the case (As he is a new judge) facts being - wife was sent out of the house during pregnancy, divorce was applied when the wife was in her 4th month of pregnancy and wife wants to live with her husband and has come to the court for 10 hearings during her pregnancy for counselling to rejoin her husband. and husband has not taken care of his wife or unborn child and also post delivery. No emotional, monetary, moral support was given to the wife by the husband instead he has made her suffer during the entire pregnancy. Also, the wife has tried several ways to communicate to her husband during pregnancy and after that too, to the extent of going to his house, but her inlaws have refused to permit her to enter into the house.
What i want to know is - wife is willing 100% to rejoin her husband and she will not file any allegations on her husband or his parents or relatives , but the fact is the relatives and parents of the husband want to do something to the child (that might harm) this is without the knowlege of the husband and they are using the husband as a tool to take their vengeance on the girl and her baby.
The judge who does not know the facts , has passed an order to bring a baby less than one year to the court to be given to the husband - when the baby is still being nursed by the mother. what are the remedies to the girl.
She wants to rejoin her husband but not with the same illwill present in him. please advise the remedies atleast by which she can protect her baby from being given to her husband in a public place.
The wife is willing to have her husband either take her separetely with him with the kid or by asking him to come to her parents house to see the kid and hte husband is refusing either of these two as his parents do not want him to be a husband and a father and have inculcated their thoughts onto him.
Please advise
Anonymous
06 December 2010 at 12:09
I received a court notice with false charges like mental torture ,abuse, aggression etc etc.. None of which are true... We did have fights and thats the reason the issue is with court but none as mentioned by her..
She is bent upon divorce and I want to reconcile but none of our families do not want to continue this relationship.. I am lone person now..Can I contest the case with valid facts ? Is it logical ?? or should I give in to her threats and pressure and agree for divorce.. My parents are already looking for another girl for me.. But I am against it.. I do have some commitment towards my wife.. On what grounds should I defend myself and my family ??How long will it take at maximum to arrive at a solution..Experts help is required .
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Advice me regrading PWDV
My mother in law asked meto leave my matrimonial house due to petty fights between me & my husband.She doesn't like me and wants re marriage of my husband.I have filed a PWDV case,i don't want divorce but i cannot stay in the matrimonial house with my mother in law.I know my husband will say this that my parents are old and ill,so i cannot shift at a seperate house[ in same city] and i know court cannot force my husband to shift at a seperate house leaving his parents. But If i reside in the same house with courts protection orders ofprotection against my mother in law, My & my husband's broken relationship will never heal. Because my mother in law will have to forcefully accept me, in that situation she will never like me, and we both will never have cordial relations. And iam afraid she will again influence my husband to leave me and get divorced, and due to all this me & my husband's relationship will never grow into a happy marriage.
So if i say court that i want to live at seperate house in the same city,near by my matrimonial house,and i won't force my husband to live with me regularly,but atleast 3-4 days or may weekends,or whatever suits him. So in this manner my husband can give time to his mother also and he can live with me also,without any misunderstanding & trouble. Atleast i need a seperate shelter[house] near by my matrimonial house, and iam ready to help my husband financially regarding the house rents.
So can i request such a proposal to court ???? can court support with this ???
Can court grant this ????