Anonymous
23 August 2010 at 13:43
Dear Experts,
My wife living separately with her parents for last 3 years. 2 year back she filed a false 498a complaint against me and family but FIR not registered till now. Immediately I send notice for her consent on mutual divorce but no reply. Now more than 3 years passed and she is not willing to join i am thinking of divorce.
Is it necessary to send notice again to ask her join me or straight away go for divorce in court?
Can I get custody of my daughter 4years old since wife is working(nurse) in Shifts. i.e monthly one week night (7pm to 7am) and 7am -1pm and 1pm-7pm. Can we show this for getting custody?
Thanks in advance.
Anonymous
23 August 2010 at 09:44
Sir,
After dismissal of my petition in the lower court against Bogus will I appeal in High Court against the order of the judgement of the lower court. After 10 long years the judgement was in my favour and the Hon'ble court decree for partition with my rightful share.
Because of bogus will and deprivation of my rightful share Whether I am eligible for mesne profits. What are the conditions and rules for the eligibility to claim mesne profits.
Please kindly advise.
Thanking you,
Yours faithfully,
M.S.N.
Member (Account Deleted)
23 August 2010 at 00:47
My 498A case has been refereed to mediation centre by allahabad high court. I want to know what happens when both the pparties reach at the mediation centre...is the decision or agreement reached at in one hearing or more visits are required.
My arrest in the case has been stayed until the mediation happens and the mediation centre submits its report to the court. I wanted to know what are the way the mediation happens can I be forced to pay money or agree to pay money to my wife to settle the matter and if I dont agree to it what is the outcome if no settlement happens as then I will hav e to apply for a regular bail.
I am facing difficulty in finding the date fixed for mediation by the mediation centre as I am not from allahabad but delhi but the case is filed in up.
Need youy advice as how should I handle the mediation date what should be my strategy and wht will I be asked to do to settle there.
siranjeet
22 August 2010 at 21:02
my brother got married 2001, have two male kids 7&5 years respectively,my bhabi in govt.job &earns Rs25000/-PM,they living seperately from last 3years,my bhabi says i cannot live togather,i will not divorce,i will not give custody of children & live as such,my brother is ready to take custody children & need one side decision. my bhabi says if u apply for divorce ,divorce cannot be granted without my consent,if u apply for divorce ,iwill file case her maintenance & children maintenance. what we do,what should we file, please guide us
Chetan
22 August 2010 at 20:10
That the marriage is solemnized 08/05/2004. from the year 2007 the wife resides with her parents house alongwith the son of 4 yrs. That on 18/02/2009 the husband and wife made an mutual divorce on Rs. 100/ stamp and the wife agreed in that stamp that she will give divorce as ealy as possible, But yet today she didn’t
What shall I have to do
I am ready to keep the son.
Pls Guide with case laws
Anonymous
21 August 2010 at 20:30
if wife is in govt. job & pay is Rs.25000/-& she can claim maintainance allowance
raghavendra
21 August 2010 at 17:05
sir,
my wife not staying with me she is staying with his parents, she is very adamant not adjusting with me and with my family, i have filed divorce petition, she has filed maintenance petition, i am working with one advocate as a office boy ,my earning is not specific , what can i do now
can i file maintenance petition by asking maintenance with my wife, she is also not workin but her father has some property
i am want to ask maintenance just to escape from paying , because i only not working,
in between can i file restitution of conjugal right petition
can i get some some citation to relating to my case
can i get citation which shows husband also can get maintenance from wife when she is capable
can i get some citation when wife is capable to maintain herself and husband is not capable no need to pay to wife.
can i get citation against to pay interim maintenance
sir this is very urgent please help
thank you
Anonymous
21 August 2010 at 15:23
Dear Experts!
Kindly give your valued opinion on the following : "A" has filed a complaint against"B" before a Magistrate U/S 12 for relief under Sections 18,19,20,22 and also U/S 23 to Grant Interim Ex Party order with the main Application under Pevention of Women from Domestic Violence Act-2005. The Magistrate has sent the summon to Respondent"B" to appear in person or by pleader on 25/09/2010.
The question is :
1.Once the summon is served and received by the Respondent, Can the Magistrate pass Interim Ex Party Order before 25/09/2010 without giving the chance to the Respondent.
2. The Respondent"B" has ample evidence to prove that all the allegation made by the Complainant is based on false affidavit. For example : The Applicant is Govt. Pensioners ( Rs. 8,000 pm) and the Respondent has aslo evidence from the Bank about Income of Applicant to the tune of Rs.3.00 lakhs in the year 2009-10. On other other hand the Respondent has no Income at present. The Respondent is willing to file a case against Sec. 340 Cr. P.C. against "A". Is this case against "A" U/S 340 Cr. P.C. be filed before that same Magistrate or some other Court.
3. If the court takes cognizance U/S 340 Cr. P.C. ,can the proceedings in the DV Act. case be stayed till the Final Order in 340 case.
tamil
21 August 2010 at 14:57
Respected Sir/Madam,
I got married. My diverse case is going on in court for the past 3 years. I have no child. But, my father expired with my husband torture. My husband is not good at character. I lost my fallopian tube. I asked some settlement amount for me. But my husband refused to give that amount. So, my lawyer advised me that "First, get that amount from him and sign in the diverse paper,and then we will file domestic violence case, then we can ask some settlement amount from him" like that. Is it possible to get the settlement amount again after getting diverse? Is there any section in law?
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Madras high court CMP case delay
Dear Sir/Madam,
My case no CMP.27/2010 is pending in high court for past 7 months. Its a divorce transfer case put by my wife. My advocate says the case is not comming up for proceedings. It looks like my wife side they are delaying it intensionally.
1. Is there any way to know the status of the case. The websites http://www.courtnic.nic.in/chennai/content.asp says the case is pending and in http://causelists.nic.in/chennai_new/index1.html its not getting listed.
I would like to know if there is any way to know, when the case can be put up. By walking into the court or by meeting any person.
2. Is there any way to close this transfer case quickly. I am fine even if it gets transferred to Trichy(even though there is risk to my life). I want the divorce case to get started as soon as possible. Please let me know if there is any way to get it done.
Would kindly request to quide me on this.
yours sinserely, Siva.
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