Anonymous
24 September 2010 at 00:09
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, I SAID "I AM SORRY" I WANT TO TALK WITH HER BUT HIS YOUNGER BROTHER SAID I DON'T KNOW WHO ARE YOU. AND MY WIFE "NIRUPAMA" SAID LOOK HOW U R...
THIS TIME I DONT WANT TO DIVIDE WITH HER, ON 21TH AUG 2010 HE IS COMING FROM OUTSIDE AND OTHE SIDE MY MOTHER SAID HERSELF"WHO IS THE PERSON THAT FILLING DIRTY BUCCKET (DROP IN WATER TANK)DROP..
MY WIFE GO AND TALK EACH VERY ANGRILY, I GO OUTSIDE AND STOP HER BUT MY WIFE TURN TO ME AND SAID YOU ALSO FLAVOR OF YOUR MOTHER , I SLAP HER AND SAYS STOP EVERYBODY. NIRUPAMA GOES HER HOME AND CALLING HER MOTHER, FATHER, AND PACKED HER LODGES, HER MOTHER FATHER WAR TO MY MOTHER AND GO HOME.
AFTER SOMEDAY I GO TO HER HONE FOR MY BABY "NENA'2YEARS.I WANT TO SEE AND TO GIVE SOME MONEY OF HER CARE. THEY SHOULD NOT THERE, I ASK TO HIS BROTHER SAYS" I DON'T KNOW"SHE IS GONE OUTSIDE WITH HER MOTHER. I GIVE A SOME OF RS,200 ONLY TO HER BROTHER. I CAME OUT.
TODAY 23 SEP 2010 I HAVE RECIEVE A NOTICE FROM COURT OF THE CHIEF JUDICIAL MAGISTRATE, IMPHAL EAST. for the
1. to take cognizeance of the complainant
2. to pass an ex-prate and interim protection order to prohibit the act of domestic violence committed by the respondents by granting an injunction against the respondent so as not to repeat any of act of domestic violence.
3.to pass interim and ex-prate monetary order U/S 23 fo the protection of women from domestic violence act 2005 read with section 20of the same act to pay maintenance allowance at the rate of Rs.5000/- per month to the complainant from the application
5. to pass an order directing the respondent Rs.10,00000/- Ten Lakh only as compensation to the complainant for the loss and injuries including mental torture and emotional distress caused by the act of the domestic violence committed by the respondant.
6. to pass custody order and any other relief/reliefs as the Hon'ble court deems fit and proper in the fact and circumstance of the case for the end of justice.
so, help me what i do? i want to return her as a household family. i dont have about 10 lakh of compasation.
urgently reply me
Anonymous
23 September 2010 at 22:42
Dear experts,
Is this a case of fraud on marriage.
During marriage negotiations bride's side misrepresented their financial conditions by stating that the father (family) of the bride is financially self sufficient but in reality he depends on the mothly income for his daughter. Because of this dependency he has taken away his daughter from the matrimonial home without husband's consent and resorted to intimidation tactics to avoid the marriage and demanded huge money.
Can this suppresession of fact together with the conduct of the wife form the deception to annul the marriage.
Santosh Maske
23 September 2010 at 18:25
husband is working with Post Department. Divorse petition filed by wife is decreed in sept 2008 and maintainance of R. 2000 p.m. is also granted to the wife but after six month husband died there is no issue out of said wedlock only mother and sister of the husband is nearest relative of the husband no remarriage after divorse ther is no charge on husbands property in respect of maintainance now questition arise that
whether divorsed wife is entitle to retirment benifit of the deceased husband ?
whether divorsed wife can claim?
whether wife can claim maintainance from mother and sister of the deceased husband out of deceased husbands property?
InSearchJustice
23 September 2010 at 14:47
Please suggest about divorce, maintenance and case of adultery as per the following facts of a case,
1. Wife has voluntary sexual intercourse with a person other than her husband.
2. She confessed the same before her husband verbally and on a plain paper in writing.
3. She confessed the same and willing to live separately from her husband before her parents and Panchayat and documented all on a stamp paper also.
Q1. Are all the facts and documentry proofs of confession sufficient for divorce?
Q2. Whats the scope of any maintenance either in mutual sepration, mutual-consent divorce etc?
Q.3. Can the husband pursue the case of adultery against that OTHER PERSON?
Anonymous
23 September 2010 at 14:17
It is necessary to file reply (Say) of the petition for divorce u/s 13 (i) (a) of the HMA,1955? If yes, than within how much time? or it can be filed at any time? If I file it after 2 - 3 dates or hearing, whether the Court of Law will accept it? Because at present my stand is "I don't want divorce and I am ready to Keep her. If She don't want to come back let the court than decide the case and if required I will file my reply later." I have appeared before the court on 26.08.2010 and next date given is 12.10.2010. I have no advocate at present.
Anonymous
23 September 2010 at 07:47
Dear sir/madam,
Wife filed annulment of marriage under various provisions of HMA. Later husband discored fraud and also wants to annul the marriage.
Should the husband file a seperate petition for annulmet or can he file additional counter to the wife's petition stating the facts and praying for the same relief as that of wife but on the ground that wife committed fraud.
please clarify.
vinod bansal
22 September 2010 at 20:45
R/Experts
I was representing the husband in a petition u/s 13 B of HMA.Joint statement of Husband and wife was recorded in 1st motion but at the time of 2nd motion statement,wife stated that her prior statement was not based on her free will rather that was due to undue influence/pressure of some relatives etc,and now she wants to join her husband company.It is also pertinent to mention here that Husband n wife are living seperately since nov.2007.Now this petition is fixed for order.But in case,Hon'ble judge dismissed this petition,i want to file a divorce petition.Kindly suggest me some ground/s and further kindly help me by giving some tips for pleadings.I further want to add here that in 13 B petition there were no any kind of allegation/counter allegations were raised by any party.
PATEL
22 September 2010 at 16:45
We married during January 2005. She is so arrogant and so fond of money and crazy about luxurious life. After stay of two months she left me and her parents send her somewhere, which was not revealed to me. Hence I have served a lawyer notice on Reinstitute of Conjugal rights and received a reply notice stating all the false information and asked for maintenance. Finally both parties agreed for divorce and we took divorce during July 2006(29th July 2006) in the court of Lok Adalath after paying some money as permanent alimony to her.
After hearing and believing her crying requests and after hearing requests from her parents, I have accepted for rejoining, which was my biggest mistake in my life. This was happened on 5th Feb 2007. The rejoining was by writing an agreement on a whitepaper (mutual agreement for living together and subsequent plan for marriage) by signing both side parties (including parents). This time also her behavior not changed much, same arrogant nature. After two months of stay she conceived and as soon as its confirmed she ran to her parents house and started torturing me by demanding money for her expenses at her parents house. She never called me or contacted me; in one word i can say she never bothered me during her 8 months of stay at her parents house. Even i doesn't know whether she maintained her pregnancy or gone for abortion.
After 8 months (20th November 2007), her parents informed to my parents through a mediator that she gave birth to a baby child. My parents informed the same. We (including my parents) have not seen the newly born baby for two months. After two months also they (her parents, her family) never tried to solve the problems. But after considering the Baby's future, we called her parents for peaceful talks, but they never turn up. At last, we went to her parent’s house (25th Jan 2008) for the Baby, but she was not there at her parent’s house. Her parents informed us that she is staying with her Sister and Brother in-law. We went there to her sisters house and seen the Baby with lot of Love. This time she acted like a good women and cried. Her sister and parents asked me to bring her back. I never agreed, but after thinking about the child, I have no other way except accepting her to bring back. Her parents made a marriage registration for the Old marriage date (marriage performed on January 2005 but registered on 19th April 2008).
On May 20th 2008, I brought her back along with child. This time also she created problems. She became so so so arrogant now and started quarreling for everything. She demanded my entire salary to her hand. She spend entire my savings. She got Sugar problem during July 2008 and on the same cause she went to her sisters home after just two months of stay. She demanded 10,000 INR per month for their expenditure during stay at her sister’s place. I have no other way other than sending. I have sent four months continually.
After her parents pressure, she came back to me after five months along with her entire family on 11th Jan 2009. Her family left us after one week of stay. She demanded a full time servant otherwise she wants to leave me. So I have arranged a women servant on full time after paying 3000 INR per month. Everyday, she used to get up at 10 AM, she never knows when I went to my office, simply eating, sleeping and watching TV. In TV she prefers to watch the News channels especially when the programs coming on on 498A, Section 125. Etc matrimonial issues. She never comes to bed even after 12 night. She completely neglected me. Even she doesn’t bother I have taken food or not. I can’t express the sadism, torture shown by her even after I have spent lots of money for her luxuries habits. For a small reason she argued and made those arguments harder and harder and finally one day she left me along with Child and servant on March 3rd 2009.
I came to know that she went to her sister’s house. I have called her parents who are useless and asked them to send her back. But there is no one who can listen me at her side. She demanded me that she wants to stay along with her sister and brother in law and I should send 10,000 INR per month. I have denied for that.
I have written several registered post letters (during April 2009 to September 2009) to her to come back and even I threaten her that I will go for another marriage if she doesn’t come back. But there is no use. She sent two reply letters by ordinary post stating that she doesn’t want to come back and she demanded maintenance for her and child.
During September 2009, she sent a lawyer notice stating all the false information and demanded maintenance amount of 12000 INR. We gave a reply notice by stating that all the information is false and baseless.
She filed two cases in Family court, one is maintenance case and another is Reinstitute of Conjugal right during March 2010. Court sent notices to me during June 2010, stating that first appearance will be on 21st July 2010. Just 15 days before of first appearance of court for the said cases during first week of July 2010, she filed 498A case at her sisters place Police station and tortured entire my family. By Gods Grace we got anticipatory Bail from Hon. High Court. We have applied for quash proceedings of 498A in the High Court. The Hon. High court given stay for my entire family except me.
Now Iam facing 498A case, Reinstitute of Conjugal right case and Maintenance case in the court. I have appeared first time in the court on 3rd trail. The Hon. Judge asked me whether I will rejoin or not, I replied that we took divorce three years before and I have given amount for her as a permanent alimony. We have counter filed by stating that I have took divorce on 29th July 2006 and other information is false.
Please advice me, whether she will get legality as my wife? If I marry some other legally, what will be implications? what about 498A, is it valid?
thanks and regards
PATEL
Anonymous
22 September 2010 at 12:41
A case file under Crpc 125 and D.V. section 12, 18 to 22 against me and my relatives v also file a case under section 9 for comming back but wife and her father adament and backmailing us and not ready to came back and she is residing with her parents since March'10 and now the case is in medeatation centre, I would like to know if she refuse to came back in medeatation centre then i would like to know it is helpfull us to fight the false case or v r liable for maintenance. Kindly also suggest from which way we rid from such people.
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Quamtum of Maintainance u/s 125 Cr.P.C
Dear Sir,
A 498A is filed against me in Sept 1995. Maintaince started U/s 125 Cr.P C
@ Rs.2500/-(1500+1000) for wife and daughter. I filed Divorced in 1999 and got degree on contest in 2003.I got acquittal of 498A in 2005. Maintaince enhanced to Rs.2900. P.M. in 2004.
Now I marry again in 2004.have a baby of 4 yrs. I am a Central Govt employee and got Rs.32,000/ P.M as salary.I have a House building Bank loan of 15 lakh. EMI is Rs.15,000/ . Now Divorced wife filed enhancement case for a total of Rs.15,000/ (8,000 for herself and Rs 7,000/).How much be enhanced in addition to Rs.2900/ : Biswajit