Anonymous
25 September 2010 at 16:01
in the matter of
MOIRANGTHEM (N)YUMLEMBAM (O) NIRUPAMA
Address Khoyathong IMPHAL-WEST 795004
Complainant..
Virsus
Me, YUMLEMBAM GEETARANJAN & other 2
Khoyathong IMPHAL-WEST 795004
Respondents.
whwreas the pomplainant has filed application under section 12 of the Protection of Women From Domestic Violence Act, 2005.
you are hereby directed to appear before this Hon'ble Court on 6th Oct 2010 at 10.30AM personally to show cause why the relief(s)claimed by the against you should not be granted, failing which the court shell proceed ex-against you.
now today 25th sep 2010 they complainant party has come and show me final Court order, by the chief magistrate judge has order without my objection pray "i clearly that to take back home her". in the case of The protection of women from domestic violence.
how to consult a lawyer for my right.
1. how to order without me & party?
2. how to process my steps?
3. in which acts to apply for me?
please help
Very Very urgently.
this order has showed to back home per personal item, goods, like:- bed, Almira, gas set- gas box, cloths, jewelery,dinner set, tv, rice cooker. etc
Aastha
25 September 2010 at 14:24
Dear Sir
It is a humble request if u can help me. The case is about my brother who got married in 2003.He and his wife never had amicable time with each other as wife always inclined towards her family.Boy wanted her to have interest in his parents and siblings but it never happened. Girl used to visit her parents almost every month. It also happened once that when boy stopped the girl from visiting her parents' place ,she threatened that if he would not let her go she would eat sleeping piles.Time passed they had two children. She started living at her parents' place and asked the boy to stay at her parents' place else she will make dowry charges on him. The boy and his parents went numerous times at the girl's place to request her come back with children but each time the girl never came in picture rather her parents humiliated the boy and his parents each time.
Now the girl has filed a case for mainteinence in court. The boy is not earning much rather he is dependent on his parents as he is not able to concentrate on his work due to mental stress.
My question is that where wife herself is not ready to settle in family out of no reason then why should she claim maintainence. I must add that nothig adverse happened with the girl at her in laws place which she has also accepted in front of an NGO which also tried to resolve the matter. I doubt if she having any extra marital affair.
Anonymous
25 September 2010 at 12:52
Dear All
My wife and her father are trying to file a false case againts my family under section 498A, DVC,125 CPC etc
They had already demanded a huge alimony for getting divorce for which i had rejected , We had not take any thing as dowry from them till date , which we are sure that we can prove when the time comes , Marriage was broken because my wife left the house without informing to me and neither she willing to join me after my request
Now my question is :
1) what kind of case can i file against them incase they file false case against my family ?
2) if suppose they file 498A agaist us as dowry matter as that is main weapon for them
Can is also file a case against them as giving dowry is also illegal as per law can you give me more details who i can do this and what is case no
please i request you to give clear details ASAP
Anonymous
25 September 2010 at 12:24
Respected Sir/Madam,
My father & mother purchase a agri land of one acer it was in their both name. After that my father was expire due to illness. Then the Talati put my , my brother & my sister name on 7/12 extract. My brother & sister not intrested in that land so i meet to Talati he said that you can take Hakka sode from your sister but for mother & brother you have do sale deed. Sir, in this case I am very confused pl. send your guideline as per law in Maharashtra State
Anonymous
25 September 2010 at 12:12
Please let me know what are provisions under muslim personal law regarding payment of one time compensation & regular monthly payment of alimony to be paid by husband to wife in event of divorce sought by husband for reason of non-compatibility. In this specific case both husband and wife are below age of 35 & without any issue. The guy is earning income only by way of share in rent of ancestral property. The lady is home-maker and not educated enough to earn any regular income of her own from any job suitable to her & in-laws social status.
Anonymous
25 September 2010 at 10:23
i am married person, but after some time i have some problem with my wife, so i left my house and recently i live with another lady who have a child. we both are ready to live with each other
so my question is whether it is possible to live with her without having my divorce,just like live in relationship, or i will make a friendship contract (maitri karar) is it ligally. plz advise me as early as possible
Anonymous
24 September 2010 at 17:23
After taking Divorce six months has been passed then a lady filed a case of domestic violence against her ex husband? is it maintainable? Kindly give current ruling in this point.
thanx
Gaurav Nanda
24 September 2010 at 14:02
This case is of of my uncle...........who is 59 years old,working in merchant navy, his wife is about 55 years of age. From last 13 years different cases are pending against him in different courts....like criminal case involving sections 406,498A........then civil cases of maintenance.......in criminal case even the stage of charge has not begun,seeing it a family matter the magistrate sent the case to mediation. In mediation both the parties have agreed, my uncle has fulfilled the demands of his wife, he has bought her a new flat on her name and agreed to give her maintenance of 30,000 per month..........my uncle has one more house in which he is living and the new house which he bought is on his wife's name.....now in return his wife has also agreed that she soon will apply to Delhi high court for quashing of criminal charges.
Both the parties have also agreed that after the cases are over by quashing they will not come to each others residences (they have different houses) ,further they will live separately and will not claim right in each others property.
So till now everything is going fine.........but now when the case for quashing will go to high court.... then the court will ask the parties that whether they want compromise or divorce or judicial separation? Now looking at the terms of their agreement (i.e. they will not come to each others residences,further they will live separately) it does not look that parties want compromise......further they don't want divorce because both parties think that at the age of above 55 they have lived their lives.....they don't want divorce at this point........judicial separation is also not an option because ultimately it will also gives right to one party to file for divorce after expiry of one year, which neither party wants.
In reality the parties want to maintain their present status i.e. they don't want divorce or judicial separation, further they don't want compromise in strict sense giving right to other party to sue for RCR as both parties cant tolerate each other living under one roof.
What they want is to remain husband and wife in eyes of law and society, yet living at their separate residences.
Now my question to you is what these parties should do (when court ask them at quashing proceedings) are they suppose to say compromise or is their any different legal term/section besides judicial separation, divorce which these parties can use to describe the status they want to maintain........ or compromise is the only relevant term..............Any other advice most welcome.
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498A CASE
The crime was registered against my friend 's family members under 498-A IPC and they mutually agreed for settlement and my friend's wife wants to withdraw the 498-A before the Lok Adalath.
Some of the friends said that the the 498-A should not close before the Lok Adalath as it is not valid?
Kindly clarify my doubt and give proper guidance.