kavkaz
24 March 2018 at 18:32
My Query: In a Domestic Violence proceeding, if wife cannot prove any of her raised allegations against the husband, then can the FINAL JUDGEMENT come in favour of wife due to gender biased laws in our country?
As per the gender biased laws in our country the below 2 assumptions are dangerous for husband.
1.) It is assumed in Indian laws that no lady can raise false allegations against her husband for money sake.
2.) It is assumed in Indian laws that domestic violence happens within the four walls of the house so there cannot be any evidence of violence in such cases, thereofore there is need for the wife to prove her raised allegations against the husband.
Anonymous
24 March 2018 at 16:39
Hi,
I have 3 years boy.My wife recently got unwell so she (with my son) went to her parents home (as per her wish only). Few days after, she started argument with me and doing emotional blackmail that she won't return to my home till I leave my parents. Then I said I won't leave my parents because (1) .iam only the son of them (2) .my parents never done any mistake to hurt her.
Then She is started threatening me that she won't send my son back anymore and will stay with her parents. On the same day night I have called 7 times and sent SMS. After that day she didn't replied me and not available to contact.
Fact is my in-laws was brain-washing my wife from many days to give divorce. One instance is my mother - in law was telling to to my wife to take divorce when I was talking to her on call few months backs when she went there. Everytime when my wife/I went to her parents home her mother will get into argument and starts insulting me and creates arguments between me and my wife.
Earlier, I have tried many times to convenience my wife that not if we take divorce then our son life will be spoiled. She will says OK for that instance and repeat the argument when she went to her parents. I can't stop sending my wife to her parents home when she wished because its against human rights and don't want trouble her
I want to know few things
1. How to prove My in-laws was behind this because unfortunately I don't have any call recordings and no other witnesses since all arguments happened between me and them during the calls. Is there any chance of getting call recordings from telephone operators?
2. In case my wife apply for the divorce, then who will have more rights to acquire him.?
3.I really worrying about my son health incase she had the more right to acquire my son. ONE IMPORTANT THING IS My WIFE never spent single paise to purchase milk bottles /medicine to my son in case of urgency when she was working and I was not available. How to prove that she is least bother about my sons health and life?
4. How to take legal action against my in-laws and my wife? I don't have any information on my sons health and not in contact with me from almost 20days which is causing high mental pressure on me and depression
5. My in-laws damaged my family prestige many times. One instance is they arranged meeting with my relatives and their relatives and accused me that I dropped my wife near to their home instead of at their home.What I did was as per my wife wish.so they declared me innocent. Can I take any action on the perspective of damage to prestige?
Legal
24 March 2018 at 01:01
My opponent filed package of matrimonial cases against me and my family members 1 498a,406,34 IPC charge framed pending in JFMC for order of an application filed by me u/s 91 of CrPC in my hometown say place H court
2 CrPC 125 for maintenance in which 4 k per month was ordered to her which I went to HC also but, it was dismissed by HC in her hometown say place W court
3 DV in which the same amount was ordered and adjusted in which I appealed in court of sessions but, shocking judgement was given by sessions court where other reliefs which were not demanded by her in trial court were given to her by appleate court like house rent, and compsation and protection orders which was also at Her town W court.
4 Divorce in which also she filed HMA 24 application for maintenance and legal fees and lodging and transportation expenses of her and 1 escort as she filed divorce at h court. In which court ordered legal fees and lodging and transportation expenses per hearing in which I filed transfer petition in HC to her place which is still pending in due course meanwhile she submitted some forged and fabricated documents in the divorce case which I came to know from various RTI's from different departments and even I filed application in court to investigate the documents which was rejected by the court then she send 1 person for settlement of all cases in which we prepared an notarized agreement that we will take divorce by mutual consent and withdraw all civil and criminal cases and complaints against each other she agreed to volentery leave all the court orders of maintenance and etc and we will do all these activities parallels but, after that also she filed execution in which I paid and proceeded in divorce also didn't produced the agreement in any court , and unfortunately as there was lots of cases on me I requested the court to adjourn the divorce case for a month as I wanted to produce some documents which are suprressed by her and also mean while got to know that she has opened her business centre in my hometown where the divorce case was going on but she was claiming money for transportation from me but court didn't have me time and I was ill at that time so court produced ex partee degree against me which is now 4 months later . Now, I got other evidences also that she presented forged and fabricated documents in the case and I have evidence of her business centre also so my question is can I file an application of CrPC 340 now after passing of exparte judgement in the same court. For divorce I have decided to move HC and will ask the court that as it was already decided by both and family agreement which notarized so I accept the divorce but, not the allegations. if any other suggestions experts can suggest then most welcome. I am contesting all my cases in person suffered a lot but learned a lot too
Jg
23 March 2018 at 19:14
The bridegroom presented herself as 12 th pass before marriage ( also mentioned in her marriage biodata), but after marriage if she accepted that she is actually 12 th fail, in such case can I file petition for annulment of the marriage?
Anonymous
23 March 2018 at 02:36
How to check case status Ecourts website. Court is Medhchal Athvelly Court.
Anonymous
22 March 2018 at 22:36
I am 35 years old i do marriage at 2012 After marriage i got she have a serious affair with somebody and for that she hurry to get marrage as to get freed from her parents and so i get divorse by her and her family supports me that was past but at present i got marriage with a lady who dont respect any body have some bad languages and all time quralling with others neighbrors she even dont respect me nor my parents and relatives so my parents dont live with us i she all timr gets abusing my married sisters and my parents due to that i got more depressed i am professional and she is also after marriage i opend shop for her which have being closed due to her not good relations by her neighberors and main thing between Quarlling she hits me so i some time i also got hit her but that i feel bad but she have some problem that i got before marriage she was not good to her parents also and main thing i get drink also some time one day i got some drink and came home she Quarrel with me and hit me at that time i also hit her she got normal wound to her i i done medically treatment to her and she goes to her family and between marriage she pulls all her income to her family she nevers do any thing to my family and all proofs i have that abot her all behaviours and her mentality no one likes her i try to adjust her shows her reality and her relatives and parents are mis guiding her plese sir what should i do she is having so bad nature now i dont want to marry now but i also dont want her to me i want divorse plese guide me
Uma
22 March 2018 at 19:07
Can a minor son file a succession suit directly (father died, mother absconding for over 12 years but no missing complaint had been filed)? Minor son has an elder brother and one elder unmarried sister.
sarthak kumar
22 March 2018 at 10:38
Looking for a judgement in which cost was imposed on wife for lying to get maintenance. She was also asked to deposit back the maintenance she had received uptil then. I think the girl's father was a lawyer. Can't recall where i read it. Please help
Read more at: http://www.lawyersclubindia.com/forum/Maintenance-judgement-cost-was-imposed-on-wife-for-lying-170521.asp#reply
Anonymous
21 March 2018 at 16:57
Dear All,
I need help in case of filing divorce petition to understand which place has the jurisdiction ,below are the case points:
1. Got Married in Mumbai
2. Last staying together in India was in Calcutta.
3. Went to USA for few years and there difference cropped up and both got separated and both came back to India. Girl stays in Nagpur and Boy now in Chennai.
4. No contact since last 5 years and efforts for mutual consent divorce last year did not work hence went for divorce petition filing .
Now question is where should the case be filed ? Any reference case laws would certainly help here. Thanks for reading .
Regards,
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Gender biased laws
My Query: In a Domestic Violence proceeding, if wife cannot prove any of her raised allegations against the husband, then can the FINAL JUDGEMENT come in favour of wife due to gender biased laws in our country?
As per the gender biased laws in our country the below 2 assumptions are dangerous for husband.
1.) It is assumed in Indian laws that no lady can raise false allegations against her husband for money sake.
2.) It is assumed in Indian laws that domestic violence happens within the four walls of the house so there cannot be any evidence of violence in such cases, thereofore there is NO need for the wife to prove her raised allegations against the husband.