Wakle
25 March 2018 at 10:58
hi sessin court in dv act order me 24000pm maintenance.my wife filed crpc128 but i went to HC ,HC order me 18000pm.my wife according to hc order ask money in old crpc128 case which was on session courts order of 24000pm. My Question is 1. my wife able to ask money in old crpc128case which was on session court order of 24000 pm or she should be file new crpc 128 on order of hc 18000pm???
SANDEEP GUPTA
24 March 2018 at 23:19
DEAR SIR, MY WIFE FILED A POLICE COMPLAIN ON 01/3/2015 IN WHICH SHE DENIED TO STAY WITH ME AND SEEKING DIVORCE. ALTHOUGH SHE SAID TWICE ON PAPER WITHIN TWO MONTHS. AFTER THAT, I FILED SEC 9 AT MY AREA IN WHICH SHE HAS DENIED TO ACCEPT THE NOTICE THEREBY NOT APPEARED. MEANWHILE, I FILED SEC 13 ON CRUELTY, DESERTION AND UNSOUND MIND GROUND WITH SEC 9 PENDING. SHE APPEARED IN SEC 13 AND FILED OBJECTION. ACCORDING I HAVE WITHDRAWAL THE SEC 9 AND SEC 13 BE CONTINUED.
NOW AFTER, 18 MONTHS, SHE HAS FILED SEC 9 ON 18/10/2016 AT BHOPAL AND ALSO FILED 498 ON 23/10/2016 JUST AFTER FOUR DAYS AT UJJAIN. PRESENTLY SHE IS WORKING AND POSTED AT STATE GOVT. BHOPAL. MY QUERY IS THAT :-
(A) CAN SHE FILE SEC 9 AT BHOPAL WHERE NEITHER WE HAVE RESIDED TOGETHER OR NOR MARRAIGE SOLEMNIZED. ONLY SHE IS POSTED AT BHOPAL.
(B) IS HER SEC 9 MAINTAINABLE AT BHOPAL AS SHE HAS DENIED TO RECEIVE THE SEC 9 NOTICE FILED BY ME EARLIER.
REGARDS
SANDEEP
kavkaz
24 March 2018 at 18:34
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.
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.
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dv act maintenace and hmp sec24
hello sir. In dv act jmfc order me 5000pm maintanance.After that in hmp.order me 9000pm upto case disposed. After that hmp diclosed. session court order me in dv act 24000pm.after that Hc order me 18000pm. my wife now proceedings both hmp sec.24 amount in senior civil div and sec.128 in jmfc. My Question is1) may i give both maintrnance? 2)my paying maintance money will be adjust in both cases?