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Anonymous   29 November 2010 at 13:37

Maintenance DV Act 12

Dear Experts,

My wife has filed a case of DV act 12. She has demanded Rs 30000 per month. I am getting a salary of Rs. 53000/- Currently I am paying Rs. 9000 EMI for my personal loan.

She has files false 498A case. With the help of mediators I and My wife has filed a mutual divorce. In the agreement I have committed to give 9 Lacs her. According to agreement I have already paid her 4.5 Lacs. But now she is claiming for Rs. 30000 per month as maintenance. I would like to know how much maintenance amount she is illegible for and what are the factors on which this maintenance is dependent. She is well educated Msc, B.Ed. She has potential to earn and maintain herself. We don't have any child.

Thanks.

Nyaayapriya   29 November 2010 at 11:16

please act now

Petition praying for amendments in Section 498A of IPC.




**********




The Committee on Petitions of the Rajya Sabha, under the Chairmanship of Shri Bhagat Singh Koshyari, Member, Rajya Sabha, is considering a petition praying for amendments in Section 498A of Indian Penal Code, 1860. The petitioner in his petition has pointed out the extensive abuse and misuse of this provision of the Penal Code. According to the petitioner, the abused population undergoes tremendous harassment and torture. As these provisions of the penal code presently go, a complaint without much authenticity or any weight of evidence is enough to arrest the husband or the in-laws or anyone else named in the complaint, irrespective of whether any crime has taken place or not. The petitioner, accordingly, has prayed for suitable modification in section 498A of Penal Code so as to check its abuse and protect the interest of innocent persons.




2. The petition is available on the Rajya Sabha's website (www.rajyasabha.nic.in) under the link: Committees → Standing Committees → Committee on Petitions → Petitions with the Committee.




3. The Committee has decided to undertake consultations with a wide cross-section of the society and invites written memoranda thereon. Those desirous of submitting memoranda to the Committee may send two copies (each in English and Hindi) thereof to Shri Rakesh Naithani, Joint Director, Rajya Sabha Secretariat, Parliament House Annexe, New Delhi – 110 001 (Tel: 011-23035433(O), 23794328 (Telefax) and E-mail: rsc2pet@sansad.nic.in) latest by 30th December, 2010.




4. Comments/suggestions, etc. submitted to the Committee would form part of its record and would be treated as confidential. Any violation in this regard may attract breach of privilege of the Committee.




5. Those who are willing to appear before the Committee besides submitting written comments/suggestions may indicate so. However, the Committee’s decision in this regard shall be final.



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Source : Rajya Sabha Web-site - http://164.100.47.5/newcommittee/Petitions/Committee%20on%20Petitions/498%20IPC%20English.pdf

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Anonymous   29 November 2010 at 10:50

Cousine Marriage

I got married with my uncle's(maternal) daughter(Court Marriage). i want to know whether it is valid.Please reply fast. I am from maharashtra.

Anonymous   28 November 2010 at 20:21

property of mother(self acquired)

Mother had left property leaving four sons and four daughters. Later four sons transferred the property in their name and got ROR.Three sons have already expired.Legal heirs of the deceased sons claiming the properties to be ancestral property and asking for shares as per hindu law.Whether the property to be divided into four shares(as the ROR is in the name of four sons or the legal heirs of deceased son will have equal shares with the leaving son.

Anonymous   28 November 2010 at 14:16

child custody

in male child custody matter child is now two years old father has demanded custody of child. for last four session wife did not produced her reply say on such now the court has took the matter on order, my lawyer said its will be difficult to win the child custody even the wife had not filed reply it may happen that the court may grant maximum visitation but will not order the custody of child to father as the child is only two years old.

question is
1. if the court will order ex party custody to father will the wife has right to appeal even she had not filed reply of fist court?

2. if the court grants only visitation is the husband is have right to appeal to upper court for custody of child as wife not filed her reply at first stage?

3. if either visitation or custody or both will be denied then what action is possible against such order are available to both the parties?

mohammad   28 November 2010 at 10:23

WIFE FILE THE CASE 498A AFTER DIVORCE

MY WIFE FILED THE THE TWO CASES AFTER DIVORICE:-

FIRST CASE 498A SEC 4&6 OF D.P. ACT

1.DATE OF DIVROCE 12 DECEMBER, 2000.
2.Date of filed the Case 498A 10-07-2004
WE DID NOT ANNOUNCE IN THE NEWS PAPER
BUT THE Govt. Qazi Hyd has sent Divoce Notification but she refused to receive the Registered post. The Govt. Qazi has issued Diverce Certificate.
SECOND CASE FILED ON OCT. 2010 PROTECTION OF WOMEN DOMESTIC VIOLENCE ACT 2005 SEC.12
Can we announce in the news papaer NOW? THIS LEAGALLY ACCEPTABLE IN THE COURT?

Anonymous   28 November 2010 at 09:25

WHAT A GREAT TRAGEDY!!!!????????

Time and again I have been mentioning about how harassed husbands are at a loss on all counts.
They have to bear the brunt of the erring wives.

Shell out huge amount of maintanance.

Be thrashed by the laaaaaaaaaaaaaaaarge hearted judges.

These are the hard facts prevailing.

Now, even the persons fighting for the cause of harassed husbands have also BEEN FORCED TO toe the same line. THEY HAVE ALSO BEEN VICTIMS OF THE CURRENT SHOCKING JUDGES AND MATRIMONIAL LAWS.

Here is a fresh CASE wherein such a tragic incident has happened.

Man fighting for harassed husbands fined 1L by HC - The Times of India http://timesofindia.indiatimes.com/city/ahmedabad/Man-fighting-for-harassed-husbands-fined-1L-by-HC/articleshow/6991947.cms#ixzz16PQInIUZ
ANY SOLUTION? ANY WAY OUT?
PLEASE HELP THE CAUSE OF THE HARASSED HUSBANDS.

Anonymous   27 November 2010 at 15:43

What is pwdv ???

What is PWDV ???
please expalin about this. how can it give relief to a wife ????

Anonymous   27 November 2010 at 15:37

Character assasination

Iam 8 months married, i have been deserted by my husband & inlaws. Presently iam staying with my parents, me and my husband had small fights etc, so my husband and my inlaws started saying that we are incompatible and we should divorce eachother.But this is their choice not mine,iam very much interested to live with my husband,actually my mother in law wants my husband to remarry. anyway now my problem is my husband and my inlaws are inflicting nasty alligations on me, that iam bad character person, i had living relationship in past, before marriage etc, and iam afraid that they can say that i was not even virgin when i got married ,just to prove me wrong and get divorce. My part of truth is, i never had any live in relationship,i used to stay in girls pg during my college, i had a boyfriend, but before 2 years of my marriage we brokeup, but iam not a charaterless girl, even my boyfriend had a girlfrnd for 7 years, and he was also into physical relationship with that girl,but i had accepted all this after marriage.And my husband knows the truth that i was verymuch virgin when we got married, but now just for divorce they are defaming my character, please help me,please tell me that is their any medical test where i can prove myself,that i was virgin before marriage. and my inlaws are putting alligations that i had live in relationship before marriage, which is completely false, so my question is court will consider such things???? court won't ask my inlaws for proof that whether i had a live in relationship or not ????
And can a husband escape from giving maintenance to his wife by saying that she has a bad character???

sabnamzadi   27 November 2010 at 10:13

Lawyer address.

We want to transfer or stay of our case.(D.V Case). Kindly guide us what type of documents required for transferring or stay.
Kindly also help us for searching a good lawyer in Allahabad who can do this work.