raahat
14 August 2010 at 10:44
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 She also filed a petition U/S 3 of Muslim Women (Protection Right on Divorce) 1986 which was later withdrawn by her after the dismissal of the RCR. 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. Now my Q is in 125 my wife claiming dt i m earning Rs. 40,0000/- on the other hand in 498 she is claiming that i m doing nothing. 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.
Ur adivce in this regard requested and guide me at very earliest.
raahat
14 August 2010 at 10:35
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 She also filed a petition U/S 3 of Muslim Women (Protection Right on Divorce) 1986 which was later withdrawn by her after the dismissal of the RCR. 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. Now my Q is in 125 my wife claiming dt i m earning Rs. 40,0000/- on the other hand in 498 she is claiming that i m doing nothing. 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.
Ur adivce in this regard requested and guide me.
Anonymous
13 August 2010 at 16:01
Dear Experts,
My wife left me a year ago and didn't returned. Filed RCR against my wife. LD court ordered an interim of Rs.2500 + Rs.2000 as litigation cost from April'2010. I have paid 2 times and then stoped paying the interim because till date, i have no certified copy of the order inspite informing the opposite lawyer by my lawyer.
My wife on the otherhand filed Sec.125 against me. W.S. submitted from my side.
No hearing started either in RCR or Sec.125 due to transfer of judges.
1. Whose responsibility to get the certified copy?
2. My lawyer said, I have to pay the amt. at a time later. On this order copy issue, he told me it will take considerable time to get it. I stoped it now. Is it a correct move?
3. A reply was given from my wife's side in RCR, that she want to live with me but separately. My point in the RCR is the same, that wife want me to separate from my aged ailing parents, by hook or by crook and want me to stay in her residence with her mother as ghar jamai.
Is the reply of oppsite party will give us advantage?
4. My, lawyer said, let stick to RCR. He delibarately avoiding the hearing of the Sec.125. Reason he showed that, sec.125 simply burden me by giving another interim may be higher or the same amount wich was ordered in Sec.9. So better to delay it as far as possible. Is it a correct strategy adopted by my lawyer?
Pls. suggest.
Anonymous
13 August 2010 at 09:55
Sir,
During the pendency of the partition suit the respondents constructed a pucca house on the partition schedule property. We have obtained status quo order from the High Court at that time, still the respondents continued construction. In the meanwhile the case came up for final hearing and decree was pronounced in our favour by the High Court.
Whether the status quo order is still valid and maintainable or it will become null and void during the final decree of partition. The status quo order was not vacated by the respondents till todate. What will be situation when there is partition of the suit schedule property ? Please suggest what can be done at this stage.
Please clarify.
Thanking you,
MSN
Anonymous
13 August 2010 at 09:52
Sir,
During the pendency of the partition suit the respondents constructed a pucca house on the partition schedule property. We have obtained status quo order from the High Court at that time, still the respondents continued construction. In the meanwhile the case came up for final hearing and decree was pronounced in our favour by the High Court.
Whether the status quo order is still valid and maintainable or it will become null and void during the final decree of partition. The status quo order was not vacated by the respondents till todate. What will be situation when there is partition of the suit schedule property ? Please suggest what can be done at this stage.
Please clarify.
Thanking you,
MSN
Anonymous
12 August 2010 at 22:43
Hi Experts,
I filed divorce petition under 13 HMA 1955 from wife,alongwid application u/s 24HMA,case was intial stage even summon are not served to the husband,we came to know that husband filed petition of divorece under 13 HMA.Wife did not receive summans.now what is the next procedure.A 1 year daughter under custody of wife & husband is private employer earning Rs 5000/ & he has landed property under his father name, what amout of alimony seek for wife & daughter.What should i request to court on next hearing.
plz reply me soon
Advocate
pramod kumar
12 August 2010 at 16:59
My usa borned nephew whose mother father was borned in india and married in india later become citizen of USA, has been married to a indian citizen bride as per Hindu customes in gorakhpur,up india on 14th april 2010, we filed the papers for registration of marriage under HINDU MArriage ACt. The sub registrar of marriage, Gorakhpur says he will regiter the marriage only if USA Goverenment office/counselar usa embassey certify the details of bride groom ( my nephew). we approached the usa embassey and usa embassey delhi issued a notarized statement from the U.S. citizen party to the marriage, affirming that the citizen is free to marry, and his other details which often is accepted in lieu of a governmental statement. The sub registrar is not accepting this notorized statement from usa citizen duly notorized by authorised signatory. the rules regarding usa citizen marriage are given on this web site where it is stated that :
"This office occasionally receives requests to provide "No Objection" letters concerning a person's intent to marry in India. U.S. consular officers are expressly forbidden from making an official statement regarding a person's eligibility to be married. Please find below the relevant excerpts from the U.S. Government regulations that govern what services a U.S. consular officer can and cannot provide. The complete regulations are available online at
http://www.state.gov/documents/organization/86802.pdf"
" 7 FAM 1453.2 What Consular Officers Can't Do
c. You cannot make any official certification about the status or eligibility to marry of persons residing in the United States who propose to be married abroad, or about the laws of the United States or of any of the fifty States or Territories about eligibility for marriage or the solemnization of a marriage.
7 FAM 1455.1 Foreign Countries' Requirements
a. Some countries require persons who wish to marry to provide written proof issued by governmental authority, that there is no legal impediment to the marriage. No such document, or governmental authority to issue such document, exists in the United States.
b. In consular districts with such requirements, a notarized statement from the U.S. citizen party to the marriage, affirming that the citizen is free to marry, often is accepted in lieu of a governmental statement."
pl. suggest how to get this marriage registered in HINDU marriage act.
pramod kumar
email : the_search_boy@yahoo.com
Member (Account Deleted)
12 August 2010 at 15:05
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Anonymous
12 August 2010 at 12:16
Hello Sir,
My wife has filed a false 498A case against me any my parents. I want to know which court has the rights to dismiss or dispose the case if the relevant evidences provided by me. Hearing is yet to be started in civil court.
Thanks.
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125 crpc as well as 498-A
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.
Ur adivce in this regard requested and guide me at very earliest.