Anonymous
18 April 2018 at 23:10
My 7 months pregnant wife left me with our 6 years old son on Feb 2018. I went to my in laws home to meet my son and to talk to them but my father in law started abusing me and then they called the police and started accusing me of domestic violence. They then lodge a police complaint for the same. But police found that they are lying so case was dismissed and sent to women cell for reconciliation. When the women cell called them they refused to come for any kind of reconciliation. I tried talking to my wife and she says that she won't live with me and also she won't divorce me. Last month I filed a RCR petition and in response to that my wife has filed a section 24 where she has again accused me of domestic violence and has asked for a hefty maintenance amount.
Now what happens to my RCR petition?
Do I need to prove my innocence in the case of domestic violence ? or is it her responsibility to prove ?
If proved or not proved, do I need to pay hefty maintenance amount ?
Can I file for divorce on the basis of mental cruelty ? If yes how can i prove it and how long will it take ?
How can I get my son back at earliest ?
My wife is misusing the law, can I file some criminal case against her ?
Umesh Pandurang Jadhav
18 April 2018 at 00:42
Ronika and manish married on 10-10-15, husband & wife running their case in family court .
In beginning Manish filled petition for divorce from Ronika...
Even Ronika gave replied to Manish's notice and submitted W.S on 10-3-17 in family court..
In mean time Ronika declared under oath on affidavit regarding marital status as UNMARRIED ...on 20-10-16
Manish received her affidavit of unmarried via RTI and submitted to family court judge ..
Now Manish is for cross examination stage in family court..
My questions as follow :-
1.is it possible for defence lawyer to take cross examination of Manish , even though Ronika being marriage status , she declare in public on affidavit that she is unmarried n in WS she wrote she is married ??
2.is it possible for Manish to request judge for no cross examination ....bcoz her wife declared unmarried on affidavit , then under which act or section judge can pass the no cross examination order?
3.which criminal cases can launch against Ronika ? As she told court she is married and want Maintance & on another side in public she take oath on affidavit that she is unmarried ...
PRAKASHCHANDRA MARU
17 April 2018 at 22:40
Hello all learned
On which stage court denied to applicant for the production of documents in the petition of domestic violence act ?
Regards
Anonymous
12 April 2018 at 15:14
My father was working in BSNL .
He died on 27 of November.
My father has two wives first one was legally divorced with decree. My father has two child's with first wife and two with the second one that is my mother.
The family detail given by my father in the service book has not the name of previous wife's children's.
But now they had made the legal heir in which they are claiming for the money.
But they are not in the family detail nor in the medical card issued to my father from BSNL .
As per BSNL rules only wife can get the money but they are considering that son as there previous wife son without proof.
Tell me how can we prove that he is not in our family and all the emoulements should go to their wife that is my mother.
Thanks
John
12 April 2018 at 07:11
Hi All,
A day back my wife took my child and ran out of my home without informing any one. She went to her mothers home .
The reason to run, is a day before her sister came to my home first time. I told see it looks good when your relative came. But you always get angry when my relatives came in. Why you are not allowing my relatives. She got at most angry and next day she went out.
Now when I tried to call and ask when you are coming home, she I need to ask sorry to their parents and then she will think when to come to my home.
From marriage 2015 till today, she is adamant and rude. But considering her age we left it will change over a time . But after a child�s birth in 2016 , she never stayed in my home further she roams every where with her father and mother and hardly 5 days she stays in my home in month.
Later she orders our family members and me that if some one wants to see child, come to home see from morning to evening and go back.
This kind of order creates more pressure and irritation among my family members and literally my presents are crying without seeing grand child.
We went with family elder and 3rd party peoples to her home to call her, but she is refused to come. She says if your son needs life, then I will be in my home if not I will go for divorce/ seperation.
Due to this she got angry and last year she filed false compliant on my parent, grand mother and me in women police station and took all of us there. Her mother gave money to lady police and they scolded in bad words.
My father told this time don�t worry, your wife is small girl . You try to ignore she will come back.
But she didn�t come and can�t see my child�s little age period.
I consult with a senior lawyer and send am warning notice last week stating � I need my wife and kid. Please come to my home in 7 days �.
But she never responded or reacted. I don�t know how will I be see my child. I am ready to ask sorry or go separate from my parents or do what ever for my wife. But she dominates sitting in her home.
I am the only child to my parents. They are retired and no. Earning. Only I need to take care my parents. But still my father says go out and stay alone with your wife. But wife doesn�t bend for no reason.
As an all lawyers forum , I need an help how to get back my wife and kid. Please say how to do this with tears ....
Arpitha Kundu
11 April 2018 at 15:14
Hi everyone, in the year 2016 i appeared for a registry marriage by a commissioned marriage advocate. Post that i went to live with the groom bjt due to huge mental toeture i couldn't bear the pain and left the house. I'm looking for another marriage, i showed my registry scanned copy to a registrar he claimed that is not genuine. I informed the same to this new groom but he wants that marriage certicate to be verified at the high court level and request to issue an unmarried certificate. Can someone help me with this please.
athar
11 April 2018 at 14:33
Hi Sir,
I have a home of my grandfather which should be divided between three brothers(One is my father and his two brothers). My father brothers want to sell there part to another party not to my father due to some misunderstandings. My father are willing to buy that property but there bothers are not intrested to sell him. So i want to know that is there any rule in muslim personal law to bound them to sell there part to my father first .
Name -Arshad umar
City-Pratapgarh
State-Uttar pradesh India
sachin sharma
10 April 2018 at 22:15
Hi Respected Members, One of my client has been sent to jail in maintenance proceeding as due to paucity of fund he was not making payment towards maintenance in ex-parte under 125 crpc. Also, the Judge didn't follow the 125(3) provision and also refused to accept 127 application which we filed on ground that because in jail, hence no income in that period with Bombay HC judgement which he refused in a arbitrary manner. I have filed a writ petition in Delhi HC which is under objection that proper parties are not made. I chose only husband and wife as a party as this was my first writ petition in HC. If any respected member can please tell me what other parties should be included in this writ petition. I am asking for Habeas corpus and writ of certiorari.
Anonymous
10 April 2018 at 21:56
Me & my wife got married on 24th Jan 2017. After some complications, we are living separately from 13th May 2017. I filed RCR under section 9 of HMA but didnt attend any dates of court. She moved application for interim maintenance on 16/08/2017 & got maintenance as 6k per month. When she was living with me from 24th Jan 2017 to 13th May 2017, she started abusive words to me & my parents. She even tried to suicide by knife & tried to hit me by knife. She started screaming at my home without any valid reason just like I am beating her. What is procedure to file divorce in this condition ?
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Dv act maintenance in change in circumstances
i.my wife file dv act on 28/1/13.Lower court order me 5000pm maintenance.Then Session court order me 24000pm.I did appeal in HC,HC order me 18000pm.But now im not service,loss in bussiness, . i get heart attack 2yrs back. Im not liable now 18000pm to my wife.my wife also file divorce case & asking me for permenant alimony of 30 lacs which one im not able to pay her.my question is 1)may i able to file case to reduce maintenance in dv act?according to which section.2)where to file case ? which type of court? 3) my wife file all cases in her district.in her district no family court. My district have family court. May i able to file case of reduce maintenance in my district family court?