Member (Account Deleted)
12 March 2018 at 18:41
Dear Sir, My wife filed false case of dowry, DV (Caveat shows sections-498A,323,504 IPC & 3/4 D.P. Act) against me and my whole family(parents,younger brother, elder sister) along with one of my uncle under the influence of her parents.We stayed together at our working location in other state from our native state.Within 10 days of our marriage she started troubling me with her behaviour to leave quickly for working location. Just few days after that when we were at or working location,Gurgaon,I received info that my mother had suffered heart attack.When we were leaving for my native place she started her dramas when we missed the train due to her and she broke her bangles,removed mangalsutra,etc. However after that when we reached home it was going smooth but again we had quarrels in interval of 20 days.Her parents on complaining always played dual character. I was already in trouble as my mother was later hospitalised in apollo and I had to cross 30 metro stations everyday from Job to hospital & back.Meanwhile I had to bear with my wife's torture. We stayed together for 3 months after which we had serious quarrel in which she dragged my landlord and he being old man had to ask me to vacate his house and I had to vacate it.I was under tremendous pressure due to my mother's serious health & if I indulge in violence I could face dowry act ,so I thought to leave rented house to avoid that.But I didnt took my wife along with me back to home just to teach her & her family a lesson.She also left for her native place next day according to my landlord, but she didnt turned even once to matrimonial home.Her father came to our home for discussion but with false blames of DV on me.It was decided that none will talk to each other for 3 mnths as everybody is in anger,but before that my Wife under her parent's dual character filed an FIR with false allegations looping my whole family. Despite showing Judge some whatsapp messages of girl that it was her own will to marry me after turning down, the Judge without verifying allegations sent the case to mediation. Through several meetings ,she was ready to live with me then again under her parent's influence changed her mind in next meeting. Since the marriage was arranged at my native place my family took the whole responibility and done major expenditure covering the girl's familiy's part as well. But the Family is so shrewd that they are asking for 40 L which they could nt afford to earn or spend, all under the influence of their counseler.They dont have any document to show that marriage was arranged by them as we have done all things for catering marriage hall ,stage,etc. But the mediation centre doesn't verifies either of these . Morever today's appointed date Girl's mother openly declared in High Court mediation centre in front of my mother that she will register another FIR against me for calling her daughter on phone.Can we register counter FIR against her for this. Till now we have failed to register any counter case against them as on given dates of appearances lower courts face strikes,judge is on holiday,etc kind of reasons. I know that whole law is with the woman and we have to pay price for not filing FIR first because my wife used to indulge in violence and who thinks to break marriage in 1st 4 months.But we & mediation centre knows by my in-laws response that they want to enjoy their daughter's and my salary. There have been no. of sittings in mediation with the latest one in which my mother-in-law threatened my Mom to file FiR against me. I want to fight against these culprits but dying slowly due to my parent's old age ,health & my brother's future. Every lawyer,or police is of the view who have seen the caveat have declared as the weak case. My sister lives with her husband in different state AP.She wasnt available at the time of violence.It was my wife's parents who have filled her ears with abuses & false stories of blaming her character.Wife has hardly lived for 10-11 days after marriage and in 2-3 days during holi festival at matrimonial house. How can we tackle with cross FIRs as they registered in July last year and without mediation getting failed we cant register different FIR on them. I m pretty sure if they can ask for what they havent spend they can keep on plot to suck for compensation as well despite my Wife earns as well.Fortunately I have one of her letter with Dept transfer with salary break ups.
Bindu Kumar
11 March 2018 at 22:24
An order is been passed by family court in Kerala for return of ornaments for the amount I have requested. However since my ex-husband do not have a permanent address execution is getting delayed. They have gone for an appeal in the High Court but there is no stay on it. My advocate says provide with their correct address then only execution can be completed. My ex-husband works at Dubai and his mother and my son is staying at Kerala. Is it true, that the execution is delayed only without their current address. Is it not possible to get the address from their advocate
Anonymous
10 March 2018 at 23:57
Due to some family issues with my parents husband is taking revenge on me. The reason he mentions is I have not taken good care of his mother,don't know to cook, I don't know to look after kid etc. We have been married since 6 years now. All of a sudden his behaviour is changed, ever since our child is born and a subsequent quarrel with my parents. He was actually looking out for a chance to throw me out from his house. We both were staying together since 5 years. For an occasion he allowed me to go to my parent's house for 2 days in June '17, at that time baby was 11 months old.Now baby is 19 months old. He has not taken us back. Now he is saying, he will be taking my baby with him forever without me.Also he needs a mutual divorce from me, but I don't want divorce. He has threatened me saying, I will be insulted in public if I don't agree for divorce, so I agreed. With him, mine is the 3rd marriage. We were in love even before my 1st marriage. I broke my second marriage only on his advice. He used me financially and physically for 5 years. It's his first marriage. He knew all my history before marrying me. I have apologised en-number of times, admitting my mistakes. He has not given a single penny ever since I am at my home. Therefore I started working again. I have been working even before and after marrying to him. When asked to give expenses for child, he said, if he has to give money then might as well he will take him from me.What do I do to resolve this issue and live with him. Can I get maintenance for me or my child? He used to beat me frequently for some reason. He has tortured me physically and mentally a lot, can I file domestic violence for this? Also he has threatened me saying, if he is not allowed to take child then he will cut my parent's hands. For this, should I file a FIR in the police station?
Anonymous
10 March 2018 at 06:17
I have problem with my marriage life, marriage duration is 2 years+, wife has already a boyfriend even after marriage still she is contacting him and befaviour is not good with me. Wife is still confusing that she want to live with me or not but her father force/want her to live with me and don'nt beake the relationship.
But my decision is final that i can't live with her and want to divorce.
Can anyone suggest what is Matrimonial case and how this help me.
Anonymous
09 March 2018 at 15:38
sir,
My brother employed in private telecommuniations in Bangalore left job in jan 2018. He staying now in our house in home town. Brother is unmarried and now unemployed and lives with savings that he got while in service and stay in House was build by our father and father expired in 2012 . Our mother expired in 2016. House was looked after by a servant earlier and since 2016 to months and due to demand of salary increase and as we cannot afford house was locked and brother from Chennai come see home and go once in month. Three brothers are owners of this house including this brother.
Elder brother (one of owner of his house} is in UAE and comes once in 5 years and he a divorcee and create nuisance whenever he comes home . Second brother in this ownership is in Chennai , employed as Software engineer stays with family. Third owner is above mentioned now unemployed brother.
As other two brothers of this owners ( UAE and software ) , are not coming to home frequently and this brother only looks after maintenance of house since 2012 and now as such he don’t have job and stays ALONE in that house for 2 years , not allowing any body including relatives to enter into that house since months. He want one of brother should stay in this house and maintain. Now next year 2019 is elder brother visit to india from UAE .As told earlier he create nuisance , drink alcohol and not clean home also where it is extra burden for all
We made understand this unemployed brother( from Bangalore ) , but not getting convinced .he don’t want that house to be sell , as such he don’t have house of his own and now no job.
We think he feel depressed by staying ALONE ( unmarried and parents expired) and thinks NO BODY is there to see him nor to take care of him now every now and then threatens committing suicide inside this house . He not allowing anybody to enter house and lock that house gate. He have his food from hotel .
Even though he says he will commit suicide, How he can he be prevented . relatives requested him to come to DELHI or signapore for job , but not going . Always he sit and think . By manners- he cleans house daily , take bath , pray in front of mother etc. And usually feed poor people by giving food ( inspite he starves)
His SMS statement daily at night –will commit suicide worry us all times
What can be done, request help
Anonymous
09 March 2018 at 11:10
How soon can get stay in Transfer Petition in Kar HC in divorce matter. Other family court date approaching soon so.
moorthy
09 March 2018 at 09:52
I am have brother he is mental growth is low and IQ is poor he unable to earn we have made work for him xerox shop he goes there 9 am come back 12 pm again go at 3 pm come home 6 pm earn 60 to 100 rs. The first marriage was broke up and done second marriage but that also broke up and a HMOP was filled and his wife filed DVC case she order stay at home and my brother have pay 6000 rs we have file appeal. Now my brother not able to get box and tell statement. So how can I get divorce from court. All property was earn by my father only. is there any way to get out of this matter. plz help me a way from this
Law Querier
09 March 2018 at 08:25
1.Earlier an application of rejection of plaint under Order 7 Rule 11 of C.P.C. has been rejected by family court. Can a party file again the application of rejection of plain under Order 7 Rule 11 of C.P.C. with new different grounds/reasons/cases which was not mentioned in earlier old application?
2. Does an order rejecting the plaint under Order 7 Rule 11 of c.p.c. is Revisable or Appealable in High Court?
3. What is the time limit to file Revision and Appeal in High court against family court order on application filed under Order 7 Rule 11 of C.P.C.?
Dipak
09 March 2018 at 07:58
1.What is the time limit to file civil revision petition or criminal revision petition in High Court for Family Court's Interlocutory order?
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Maintenance
i am living in joint property in the name of my husband and me alongwith my 5 year old daughter and senior citizen parents. I have been paying the EMI of this house for last 2 years since i separated from husband.
though the DV court has ordered my husband to pay monthly amount he has not been paying the same. arrears are now for almost a year. The courts are not taking any action against him.
Question:
My father has been bearing all the expenses for household since i am not able to manage EMI and son s expenses etc in my salary.
Since my parents are staying with me and the additional expenses of me and my kid is also becoming a burden for them, can they rent out their vacant flat in order to get some additional income for monthly expenses? It is my father s self acquired property. Can my husband use it in court to reduce maintenance?