false Case under DV act for maintenance.

Sir,
The woman to whom I was married (Aug.2002) in good faith and not knowing that she was married earlier, took divorce by mutual consent from her first husband (in Dec 2002) 6 months after her marriage with me. I came to know of this in the hospital when a child was born after one year (in Dec.2003). Because I enquired about this, she has not come back to my house and I was forced to file a case for nullity of marriage. After a full dressed trial, the family court decreed the marriage as null and void giving child visiting rights to the father (in Feb 2007). I have paid interim maintenance during the family court proceedings of Rs.4000/- p.m till the date of judgement; which was also not justified and I did not go on appeal for it.
She is keeping the child with her and not allowing me to even see it since birth. Whenever I ask for visiting the child, she and her parents use abusive language and ill treat me and say that the child cannot be seen. As the child will be affected if I take any action, and in good faith that the child should not be separated from mother, I have not made further attempts to see the child nor taken any legal or police action to enforce the visiting rights. She says that she will commit suicide if I do so.
At the same time, thereafter in order to harass me and extract money, she filed a false case during july 2007 misusing the newly enacted Domestic Violence act, 2007 which came into force from Oct.2006, through the local women’s commission, invoking all sections and making false allegations and claiming exhorbitant maintenance and lumpsum amount for her and the child invoking all the sections in the act- economic abuse, right to shared accommodation, etc. Then I was employed as Bank officer and last year I have taken VRS and am now jobless, living with my pension. This I have not informed the court as they may ask me to pay from the terminal benefits that I received- which is my sweat and blood of 26 yrs. The magistrate court without any trial simply awarded maintenance of Rs.8000/- p.m and thereafter I had to go to the high court for quashing the magistrate court order, for which the HC directed me to refer to the sessions court. Accordingly, on my appeal a stay was granted by sessions court on the magistrate court order and I have prayed for setting aside the false DV case filed by her on the grounds that the lower court has given a judgement without giving me any opportunity to adduce evidence and looking into facts. They have submitted various citations of the Supreme court where maintenance is awarded even if the wife has committed bigamy and the husband is drawing only pension.
Please advise me how the sessions court is likely to view the case. Arguments are over and the case is posted for judgement orders.
There is no law to protect men from the atrocities women commit on men and therefore, I am totally shattered.

I have not filed a case for custody of the child (now 6 years)since I may be asked to pay interim maintenance for the child and since I could not able to see the child or befriend the child by visiting it, the custody may not be given to me though the father is the natural guardian. ButI am willing to take custody of the child and take care on my own.Pl. advise.
Rajashekar.
email: virgo5274@yahoo.in

Cancellation of Marriage certificate

Hi My name is vineeth,three years back i was in love with a girl, after that we got breakup, Now to my shock she showed a marraiage certificate saying that we both are married

In that certificate my address and her adress are not existing at all, but she has registered it with by 10th and birth certificate as proof (as said by her), I didnt beleive this intially but the
Marraige is registered and i could see the entry in one of the goverment site also, Orginal certificate is with that girl and she is not willing to give divorce on mutual concert

Please advice is there any option to file a fraudlent case so that I can free from her

Interim Maintenance

Respected experts,

Mine is a divorce case and in this the court had granted me interim maintenance, however my husband paid the interim maintenance for few years.

But now since one year he did not pay me maintenance and also did not appear in the court even thought the court had issued a notice of appearance.

Now when the court had passed an order to proceed exparte my husband has given and appication to set aside the exparte.

And since I filed a recovery petition for interim maintenance he has come up with the application of change in circumsatances due to retirement that also after one year of non- payment.

I would like know that :

1) Can the Respondent after one year of non-payment of interim maintenace, when a recovery Petition is filed by petitioner(myself), give the excuse that he retired one year back and therefore could not pay ?


2) Can I claim maintenance from the PF and other retirement benefits that the husband has received ?

This marraige is of 30 years and he deserted me and my daughter 5 years back, now since my daughter (unmarried daughter aged 27 years) is working my husband is trying to shift the whole respobility of my maintenance on her.

Please advice.

application u/s.14 of DVA

pls send me the format for the application U/s. 14 of DVA, and containt in the application

Right to Grandmother’s property

Right to Grandmother’s (father’s mother) property

Marriage

if church wedding and temple wedding is done and when the couple goes and registers under Special Marraige Act, will the original religion of the boy and girl stay with them legally or their religion is according to wedding order (temple wedding 1st and church wedding 2nd)

can the special marriage act override howsover the couple had married earlier??

DIVORCE

SIR MY ELDER BROTHER MARRIED A YEAR AGO NOW HE AND HIS WIFE ARE NOT ON GOOD TERMS AND THEY WANT TO GET SEPARATE. BUT WE DONT WANT IT TO BE PUBLIC AND WE WANT IT OUT OF COURT SETTLEMENT BUT IT SHOULD BE LEGAL AS WELL. SO WHAT ARE THE FORMALITIES TO BE FULFILLED LIKE REFUND OF EXPENSE INCURRED BY THEM ETC. PLEASE IF ANYONE CAN PROVIDE ME PHONE NO. I NEED ONE LAWYER TO DEAL

time to lead evidence in family court

Ld counsels,

Once counter has been filed in family court is it possible to seek time to lead evidence in the family court.. how long will the court permit

Pls clarify, Thanks

transfer of DVC case along with 498-A case

Dear Sir/s,

Wife filed a case under 498-A & Domestic Violence Act on the husband and his family members at the place of her parents residence jurisdictional court and on the first appeareance some local people belonging to the bride's side threatned the husband and asking him to come to the terms of the bride for living seperately. Husband inview of life threat wants the above two cases under DVC & 498-A to be transferred to the nearest criminal court. So, can we ask the High Court by filing a transfer petition to seek transfer of DVC along with 498-A case to any other competent court rather than trying the same before the bride's jurisdictional court. If so, under what grounds any judgments regarding the DVC cases can be transferred ? kindly answer.

regards.