Anonymous
15 August 2010 at 20:13
what are the punishments for prostituting woman and a un married man.if the man is married and seperated more than one year without his fault as record?under what code of ipc punishable?
Anonymous
15 August 2010 at 14:31
A person is avoiding maintenance award
in family court and escaping police warrant.
What other legal option available to compell him to pay for maintenance
SANDEEP GUPTA
15 August 2010 at 13:39
Dear sir,I got married on 09 Jul 2008. After staying together, She has filed divorce case u/s 13 on 6th Jan 2010 for which I had replied.Now she has filed case u/s 24 & asking money. Since I dont want any divorce & moreover she has filed case then why I should pay anything u/s 24.I stated in my replied statement that If she desirous, then I can give divorce.
Moreover,My wife has given an open ad in matrimonial site jeevansathi.com for her marraige and she has mentioned that she is employed in ghaziabad & earning 3-4 LPA salary.On other side, her parents wants that I SHOULD accept all the charges imposed by her in her petition filed by u/s 13 HMA and I had tried my best & at optimum level to keep her but herself & her parents are not coming up with the solution. They are saying that Let the case decide by court regardless of time & physical harrashment.As per her ad at jeevansathi.com, I m earning less than her then I should get maintenance u/s 24 H.M.A in place of paying to her.
Can U plz give ur valuable advice so that either I should start living with her or else we should get divorce since we are staying seperate for more than a year.
Regards
Sandeep Gupta
Anonymous
15 August 2010 at 11:44
women born before 1956, get property share in ancestral property?
any SC judgement for reference?
Anonymous
15 August 2010 at 04:46
Ld counsels,
If the wife seeks annulment of marriage on the ground of fraud can the husband also seek the annulment by alleging fraud against the wife.
Both are alleging fraud against each otehr. can the husband seek the same relief though a additional counter affidavit agreeing for the relief of annulment but on the ground of fraid committed by wife.
Or else is it mandatory for the husband to file a separate orginal perition seeking the same relief that of wife.
However husband earlier field restitution of conjugal right whic hwill be withdrawn before filing annulment.
Pls clarify. Thanks
Anonymous
14 August 2010 at 23:46
Hi Experts,
Ist of all thanks everyone for valueable response.Plz guide me that both cases are running same district under differnt judges.Both parties raise differnt issues,but request for divorce.under clubbed trial how can we contest because we pray for divorce.and to which court case can transfer opposite party case number 47 & our case number 737.what are the consequences of clubbed trial,if judge ask us for mutual divorce can we deny or it is mandatory after this situation to file mutual divorce.if i deny on what grounds.
plz reply it is very urgent
thanks & regards
advocate
Anonymous
14 August 2010 at 20:47
Dear experts
My wife is living separately in uttranchal from 3 years , I am in Bangalore. I have gone earlier to take her 9-10 times but she has not joined me. I had send here RCR notice 12 month back. She is coming to Bangalore from uttranchal this month. She is only coming for 15 days , she is not leaving her job in Dehradun. She is saying she will return back after 15days. I have good job I earn good salary, she is teacher in Pvt School. She earns around 8000permonth. I am alreday giving here 5000 per month for her pocket money. She can get similar job where ever I am posted. I can not get job in other cities other than metros. My worry is once she will go back after 15 days , she will again come as visiting faculty after 1 years. We are married from 6 years, have no kid. My wife don’t have any interest in family life, I have tied to take her to councillor to save our marriage but she do not listen to me and she do not listen any of her relatives. Every ones says to her go back along with husband.
My question is suppose she comes this month, again goes back after 15 days to Deharadun , she will just blame me I have not behaved properly with her and will not return back again for 1 year. Will my RCR notice will be effective? Will our separation will be considered from 3 years or legally it will be assumed she joined back and it will nullify my RCR notice. My biggest worry is, it seems she is just coming for formality. She is not ready for mutual divorce also.
Pl. advice
Anonymous
14 August 2010 at 16:21
MY HUSBAND HAD AN AFFAIR WITH ONE OF HIS EMPLOYEE. BUT OW HE REALISED IT WAS WRONG AND HAD CONFUSED TO ME BUT THAT WOMEN IS NOT READY TO LEAVE HIM. IN FRONT OF HER PARENTS SHE ABUSES MY HUSBAND AND ALSO SAYS THAT SHE NEVER WNTED THIS REALTION BUT SHE KEEPS ON CALLING MY HUSBAND AND ALSO THREATEN HIM BY SAYING THAT SHE WILL KILL ME AND MY DAUGHTER. BECAUSE OF THIS MY HUSBAND IS VERY UPSET AND DOES NOT KNW WHAT TO DO. NEED YOUR HELP AND SUGGESTION.
THANKS AND REGARDS
F L SHAIKH
14 August 2010 at 15:49
HI,
THIS IS A QUERY IN REGARDS TO A DIVORCE CASE IN LUCKNOW UNDER MOHAMMEDAN LAW
PETITIONER IS WIFE AND
RESPONDENT IS HUSBAND
THE RESPONDENT OF THE CASE HAS ATTENDED 2 DATES IN LUCKNOW BUT ON THE LAST DATE PETITIONER AND HER FAMILY GATHERED WITH SOME GUNDA'S AND TRIED TO CORNER THE RESPONDENT AND TAKE THE DIVORCE UNOFFICIALLY BY SIGNING ON 5RS STAMP PAPER HOW EVER RESPONDENT MANAGED TO ESCAPE AND WENT TO THE POLICE STATION TO LODGE A COMPLAINT AND HELP BUT AS THE PETITIONER'S FAMILY WAS FOLLOWING THE RESPONDENT THEY INSTEAD COMPLAINT THE POLICE INCHARGE AGAINST THE RESPONDENT AS PETITIONER IS WIFE AND THEY ARRESTED HIM
FURTHER THEY WERE LATER BRIBED INSIDE AND ASKED TO PRESSURIZE THE RESPONDENT AND TAKE THE SIGNATURE ON RS 5 STAMP PAPER FOR MUTUAL DIVORCE THE POLICE OFFICIALS THREATENED THE RESPONDENT AND WANTED TO FRAME HIM IN OTHER CHARGES AS WELL SO THE RESPONDENT SIGNED IN PRESSURE JUST TO ESCAPE
RESPONDENT IN MUMBAI HAS ALSO FILED RCR AND HAS ALSO GIVEN A LETTER IN LUCKNOW COURT REGARDING THE INCIDENCE
NOW PLEASE SUGGEST AS FOLLOWS
1) IF THE PAPER HAS BEEN SIGNED AND KEPT WITH THE PETITIONER AND SHE PURPOSELY WILL NOT ATTEND THE FURTHER DATES SO THAT THGE CASE MAY DISMISS ITSELF AND SHE HAS THE MUTUAL DIVORCE PAPER TO CLAIM THE DIVORCE NOW CAN SHE DO THE SAME OR WHAT COURT WILL TAKE STEPS.
2)WHAT STEPS SHOULD BE TAKEN BY THE RESPONDENT TO NOT GET THE CASE DISMISSED AND SHOULD GO ON AS RESPONDENT DOES NOT WANT TO DIVORCE HER HE STILL WANTS TO STAY.
PLEASE SUGGEST ASAP BECAUSE NEXT DATE IS ON 20TH AUGUST 2010
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498-A/406 IPC
Dear Experts,
My wife filed a petition U/s 125 crpc as well as a case U/s 498/406 IPC She also filed a suit of RCR which was dismissed as infractuas being not maintainable by the civil court. She also filed a petition U/S 3 of Muslim Women (Protection Right on Divorce) 1986 in which is accepted the divorce but later she withdrawn the same after the dismissal of the RCR and she also started to denied the factum of divorce. The Court has awarded her interim maintainance Rs.4000/- pm and the main petition is on crossing stage of PE. I could not get the opportunity for evidence so in the 125 crpc so i applied 311 crpc which was dismissed. In 125 my wife claiming dt i m earning Rs. 40,0000/- on the other hand in 498-A/406 she is claiming that i m doing nothing and she has maintained to me by doing service but she later denied that she is working although i have placed on record the ESIC certificate but court has overlooked the same. I have divorced as per shariat law but the court insisting on evidence although i have placed all the evidence like Talak-Nama, the reciept of the post.I have served the 13 months JD custody for the non payment of maintainance and her dues is around more than 3 lacs. 6 execution is pehding against me.Can court send me jail / order for attachement once again against the non payment of dues U/s 125.I m absolutly dipressed and at the edge of deteotriation. Although i m paying her on each court date but the court asking me for the balance maintainance.
I filed the revision in the session court right after the interim maintanace order but the same was dismissed. Can i again go for the revision ? if yes, where i file the revision ? it is pertinent to mention here that session court has refused to stay on execution for the payment of maintainance.
Kindly note it that after the interim maintainance order i filed the revision in the session court. The same was dissmissed. I also filed the revision in the Honble High Court against the withdrawl order of the Section 3 of Muslim Women Protection act because in Restitution petition the civil court has accepted that divorce has been effected on ground the defendent (Wife) has herself mentioned the divorce in her Sec 3 (MWPA) 1986 and asking for ailomony for herself.But High Court also dismissed the same as the trial court has open for both parties to lead evidence on divorce in 125 crpc.
1) I want to know whether legal divorce has been effected or not?
2) Is it be beneficial to me file a revison on the present stage of evidence in 125 Crpc as well as in 498-A ?
3) I also want to file an application for the DNA test of one of the defendemt whom i m not the biological father in 125 crpc, will it effect the case?
4) Under what provision can i file the DNA application ? is there any citation on this ?
5) Can the wife booked the husband Under DV Act after all the above mentioned circumtances ?
6)What remidies are in law for such above mention situations ?
I hope ur worthy guidence/suggestions/advice will help me to over came the tauma i m undergoing for last 10 yrs and still awaiting the relief.
I will highly appreciate the efforts of Subramanium Sir as well as Nandkumar sir for their useful advice and guidence. Other respected experts are also wellcome for their valuable/worthy suggestions.
Ur adivce in this regard requested and guide me at very earliest.