Anonymous
21 August 2010 at 00:40
Wife, a teacher, filed 125 Cr.P.C for maintenance for herself and 2 children.
During case trial, husband deposits 1.75 Lakhs in the name of wife as maintenance for her and two children for the period from the date of petition.
Husband deposits Three lakhs for each of child. But Judge not consider this pass final order.
Maintenance by wife dismissed. For each child Rs.750/- per month ordered.
As of today arrears amounts to Rs.54,000/- husband deposited Rs.7.75 lakhs.
Now on revision to High court . Judge ask to pay some amount. What is the remedy for job less husband
Anonymous
20 August 2010 at 23:52
I got married on 22Nov,2008.My wife unty was in our relation, she lied that her daughter is in govt job and MCA and all and married with me. She was thrown out frm job becoz of her nature. we never reliased wht is gng on,her family members always lied with her,we got married bt still she continue telling lie,share each n every thing with her parents,she never understand,my father mother and family member tried to understand her tht any wrong step will ruin our family bt once she took,she lied tht my sis and mother hit her,her full family came to our home quaralled and took her away,nw we are nt in talking terms,they are nw telling lie as usual to relatives,bt they know and there relatives also telling thm they done wrong thing,bt they are nt understanding,finally i am hinking for divorce as she can put alligation on me any time.we r simple family,this is the second daughter with whome they are doing this,before marriage I dn't understand she used to abuse me and my family, her full family abused us. Please suggest how to live with such type of girl and family.Wht is the posiblity of getting divorce.I am unable to understand why did she got married.all her relatives are in our favour,they had very bad reputation in their relatives.pls suggest hw to proceed wht is gurantee that she will nt repeate things in future if she returns back,she always threatens me of court and police without any reason,all she tell lie.hw should i tackel the situation she made my life hell,seriously speaking none of my family member faced this type of situation bt her family memeber r in habbit of this type of cases,we don't want to involve in courts and police,if she live with her parents thn can after some time period i can get divorce based on that,she is pregnant also,i can take my child frm her if she dn't want to keep the child,also suggest hw in future i can tackel the situation,i m very depressed,throu relatives we came to knw tht she will nt give divorce to me,as she know tht nobody will marry her,all my elders are saying to keep quite and i m also giving time to her that she will understand someday tht she was wrong,she has to live with my family n seriously my father and mother love her,she also know this thing,pls suggest wht action to be taken,i also want everything shuld settel down as soon as possible,bt worrying abt future with her...
ravikumar p
20 August 2010 at 22:00
Dear Seniors,
I request your clarification on the compensation on divorce. The case is:
where both husband and wife are working in a reputed corporate. Wife wants divorce. Inspite of ill-treatment and disrespect by the wife, husband, has no choice of giving freedom to her. They have two children in the age of 6 & 3.
The wife is also threatening the husband that she would not leave him peacefully. Whether wife has the right to claim the salary of husband.
Anonymous
20 August 2010 at 21:44
dear experts,
i adopted in 14 years old,my certificates are continuing with my natural parents name
--> can i change my name and father name(adopted father) etc... with the adoption deed in gazette ?
-->now i am major(male) my age is 26(unmarried)
-->in future i want to continue with my adopted parents details
farooq
20 August 2010 at 15:54
Hello All,
We are Muslims. My brother married two years ago, Her wife had some Gynecology problem and she cant have children. So our family members decided to remarriage again, first she accepted for that now after talking with their family members she is against it and now she said she will not give divorce and will book a case on all of us for torturing her.
How can we get out of this Please Help.
Can we get divorce due to her inability to become a mother or can my brother can marriage another women?
Regards,
farooq
Anonymous
19 August 2010 at 21:47
Is Interim Maintenance a mandatory provision of the statute?? Are there any judgements where the Hon'ble Courts have turned down the maintenance plea of the wife because the wife is an educated professional and cpable of maintaining herself and should not attempt to live like a parasite off the husband.
I am looking forward to some useful citations in this regard as my friend needs to contest maintenance claim by his wife, who has maliciously filed a DVA application and also Divorce petition not to mention other proceedings under 406 & 498-A have also been initiated
Anonymous
19 August 2010 at 15:55
Namaskar to all ! I was married on 2000 & after some time start dispute with my spouse cause of her family members, we decided many times but our Punchayat also not success for short out our problms & she filed case against me & my family of 498/323/406/319/125/DV. after 5 years one relative came at my house for solve the matter & her parents produce an condition of the 1/4 part of my parents property on the name of my spouse, my father was agree & do it, but after 6 month she again goto her home & filed case for property those he had agreement, being time on January 2010 the CJM of Gannaur decided the case in our fevour & we quit from the case, we filed an Sec-10 at our session court panipat those final date on 27 july 10 which are exparte from her side. but the judge of the case not make order on that & dismiss the case with her reply of that " if I decided the case againt her then the male person cheat & destroy the all cases those r running in her distt. court" me & my adovate not satisfy with this & decide to go on High Court Chandigarh & at Session court file an Divorce petition against her now 2 & half year is complete to living separated each other .Please some body give me suggestion about that
Thanking you in advance!!
Sunil Kumar
Panipat.
Anonymous
19 August 2010 at 15:42
A girl (x) is married to man (b) who is christian. They have a girl child out of the wedlock. Due to conflic between x & b, x begins having an affair with (h). X is driven out of house by B. H has physical intercourse with x and over time, X and H marries without divorce to B and without knowledge of B. X and H has a child. In the meantime, H is no more interested in X and leaves her. X stays with her mother and son. X files a 498A aginst H and also a DV against H for maintenance from him for herself and her son. I want to know can X claim maintenance from H when they were not married or will the son be entitled for compensation from his father H. Pl. reply urgently on this peculiar case before me
neha
19 August 2010 at 11:33
Dear Sir,
My friend is filed maintenance under hindu apoption & Main Act under sc 18 r/w 23 in mumbai FC
and her divorce was filed by husband under cruelty in a pune court and the divorce was granted on grounds of crulety though enough oppurtunity to lead evidence was not given hence the said divorce order was stayed in the FCA High court and admitted
Meanwhile as the divorce was granted the mumbai Family court wherein the maintenance petition was filed had deleted issues of cruelty and desertion in view of the divorce granted on grounds of cruelty.
Now as in maintenance case the only point to be proved was the status of husband ,the quantum of maintenance wife should get
and whether the husband is capabl to pay the said maintenance
now the wife had field written argument
but the judege did not grant any maintenece
stating that as divorce is gratnted on grounds of cruelty
and as precedor judge of mumbai FC had deleted issues of crulety and desertion
the wife is not entitled for maintenace
now pl give judgements wherein it states that wife will be entitled for maintenace
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498a+406+34 now DV act 2005
Hi All,
I need your help from your past Experiences faced related to DV act 2005.
Brief History
• 498a/406/34---Registered in CAW Nanak Pura but under investigation
• 7 Days notice already grant by court before arrest.
• Both FIL and Wife are GOVT Servant.
• Not Living since Nov 2009
• 10 months of Marriage, 8 month spend in Rented Accommodations near to wife office.
• DV Story is same as mentioned in the 498a FIR.
• Main Point: FIL has given 2 cheque 21000/41000 to me and claiming that these are a part of DOWRY in the DV Notice whereas She has admitted in the Stridhan List that all these are gifts to buy Engagement ring/Clothes.
1. Complaint Filled as per the rule 2 (B) of Protection of Women from Domestic Violence rules , 2006 read with Sec 5 of DV act 2005..
2. Protection orders under section 18 as more specific mentioned in the application u/sec 12 DV act.
3. Residence orders under section 19 as more specific mentioned in the application u/sec 12 DV act.
4. Monetary Relief under section 20 as more specific mentioned in the application u/sec 12 DV act.
A. Medical Expenses: 10000 PM
B. Food, Clothes, Medications and other necessities : 10000 PM
C. Household Expenses 20000 PM
D. She is working and claims that Rs 35000 Salary and my 1 Lac.
5. Compensation orders under section 22 as more specific mentioned in the application u/sec 12 DV act.
6. Damages for the injuries including mental torture and emotional distress caused by the acts of DV committed by the respondent amounting to Rs 20 Lac
7. Interim and ex-parte orders under Sec 23 : Not sell the property which was in the named of my Mother and Brother.