Ranganath
25 August 2009 at 19:08
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
Vikram Chandra
25 August 2009 at 14:25
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.
vinod bansal
24 August 2009 at 23:16
R/Members
My friend is living with his wife as Husband-wife & they have blessed with a baby also now they wants to legalised their marriage through court instead of marriage registration,they have no any proof of their marriage,its a runaway marriage couple case,what type of case i can file in court for legalisation of their marriage they both are ready for any kind of court proceedings.plz suggest. Thanx
DIPAK KUMAR GUPTA
24 August 2009 at 12:08
Respected Sir ,
My marraige was solmnised on 22/02/2004.The marriage was consumed and a female baby was born on 24/12/2004.My wife left me on 22/08/2005due to some petty quarrel on the issue that I can not keep my self away from my dependent parent and brother.
For this reason,she filed false cases u/s 498A under instigation from my inlaws and thereafter she filed maintenance u/s 125 and so many police complaints.
In spite of that I always tried to repair the relationship.I have arranged family councilings,send relatives to their home but I did not find any positive result.
Thereafter I have a filed restitution of conjugal rights but wife filed a maintenance case for harrasing me .
Now , four cases are pending as follws :
1) 498A since Jan. 2006 :- charged has been framed but no evidence has been produed
2) 125 since July , 2006 :- I am paying interim maintenace from august , 2006 onwards.The case is pending at evedence stage .
3)Restitution of Conjugal Rights since Dec.2006 :- The case is admited but proceedings are deferred till disposal of the following case filed by the wife.
4) Maintenance under Hindu Marriage Act since Jan , 2007 :- Although I am paying maintenance under criminal court , she has filed maintence under HMA and the case is pending at evedence stage .
Now , the relationship is no more living , I would say it "DEAD" and I am 100% failure in repairing. I am suffering since last 5 years .
So , I want to give back all her belongings which are occupying at my flat.
I am following my in-laws & wife :- when they called me at police station , I attended the Police Station; when police did not take any action due to prima facie false allegation , they approached to court and I am giving attendence in court at the cost of my employment ; when they asked for monthly maintenance ,I started paying maintenance; now they are asking for a lump-sum payment and I gave my consent for lump sum payment . Now they are not responding since last one year.
After leaving her matrimonial home , my in-laws asked for return of sridhan during so many times . I always replied them to come through proper channel for taking away her sridhan . Now they are silent.
I did my best for purchase of peace but I I found no remeady.
Now I am adamand to disolve my marriage but cases are adjourned due to non-fuctioning of court , sometimes advocates are busy , sometimes petitioner is absent .So legally marriage can not be dissolved.I have not filed divorce case .
For escaping my parents from death , I shifted to my new flat two months ago and all her belongings are kept in my old flat.
Please suggest me what should be the proper way to return her sridhan.
Should I hired a lorry for despatching her belongings to her destination ? I haver not taken any cash . All domestic items were gifted.
May I hope to get much expected reply .
DIPAK KUMAR GUPTA
24 August 2009 at 11:52
Respected Sir ,
My marraige was solmnised on 22/02/2004.The marriage was consumed and a female baby was born on 24/12/2004.My wife left me on 22/08/2005due to some petty quarrel on the issue that I can not keep my self away from my dependent parent and brother.
For this reason,she filed false cases u/s 498A under instigation from my inlaws and thereafter she filed maintenance u/s 125 and so many police complaints.
In spite of that I always tried to repair the relationship.I have arranged family councilings,send relatives to their home but I did not find any positive result.
Thereafter I have a filed restitution of conjugal rights but wife filed a maintenance case for harrasing me .
Now , four cases are pending as follws :
1) 498A since Jan. 2006 :- charged has been framed but no evidence has been produed
2) 125 since July , 2006 :- I am paying interim maintenace from august , 2006 onwards.The case is pending at evedence stage .
3)Restitution of Conjugal Rights since Dec.2006 :- The case is admited but proceedings are deferred till disposal of the following case filed by the wife.
4) Maintenance under Hindu Marriage Act since Jan , 2007 :- Although I am paying maintenance under criminal court , she has filed maintence under HMA and the case is pending at evedence stage .
Now , the relationship is no more living , I would say it "DEAD" and I am 100% failure in repairing. I am suffering since last 5 years .
So , I want to give back all her belongings which are occupying at my flat.
I am following my in-laws & wife :- when they called me at police station , I attended the Police Station; when police did not take any action due to prima facie false allegation , they approached to court and I am giving attendence in court at the cost of my employment ; when they asked for monthly maintenance ,I started paying maintenance; now they are asking for a lump-sum payment and I gave my consent for lump sum payment . Now they are not responding since last one year.
After leaving her matrimonial home , my in-laws asked for return of sridhan during so many times . I always replied them to come through proper channel for taking away her sridhan . Now they are silent.
I did my best for purchase of peace but I I found no remeady.
Now I am adamand to disolve my marriage but cases are adjourned due to non-fuctioning of court , sometimes advocates are busy , sometimes petitioner is absent .So legally marriage can not be dissolved.I have not filed divorce case .
For escaping my parents from death , I shifted to my new flat two months ago and all her belongings are kept in my old flat.
Please suggest me what should be the proper way to return her sridhan.
Should I hired a lorry for despatching her belongings to her destination ? I haver not taken any cash . All domestic items were gifted.
May I hope to get much expected reply .
raj
24 August 2009 at 01:09
hello sir/madam
i am a medical practitioner and me and my wife got divorce by lokadalat.we had a female child at the time of award aged 9 years[now 13 years].My wife taken the guardianship of the child by lok adalat award.Afterwards,the child due to ill treatment of her and second husband,escaped from thier custody and reached me[through police].since then i am keeping the child with me and looking after her education and all.My es wife know all this and she now and then visits the child.The child is safe and happy with me.After 4 years from date of lokadalat award,my ex wife filed an EP against me for keeping the child against the award.My child dont want to go with her mother and wish to stay with me.I aapeared for EP AND MENTIONED THE CHANGED CIRCUMSTANCES.But the hounourable court told me to follow the award or i will be sent to civil prision.The orders of the honourable court is awaiting.But i want to protect my child.What can i do to avoid this?
Somnath mukherjee
21 August 2009 at 21:24
whether the hearing of mainteneace u/s section 12 can be done without filling the domestic incedent roport. Please give the relevant case laws.
Mukesh
21 August 2009 at 16:44
Honourable Members
I had earlier asked questions and got very satisfying replies. I shall be obliged for your kind guidance in the following matter :
My wife and her parents are exerting pressure on us to take back my wife who is living with her parents for last 1 year after only 3 months of marriage and living with us after all nonsense and false allegations. I have made up my mind for divorce. We are trying a negotiated settlement but are not sure of their intentions. They may file a false case if the results are not to their satisfaction.
We have a 3 room flat and there are 6 persons. 1 room was given to me/wife other being with Mother/Father/unmarried sister and Brother/wife. The flat is registered in my mother's and my name. I had however before my marriage gifted my share in favour of my mother due to family problem with brother. The gift was given on a simple Rs.10/- stamp paper which was not registered.
a) Can my wife claim share on this flat ?
b) What is the amount she can claim from me as permanent alimony ? Can she claim 50% of my other assets like shares, cash Fd etc.?
c) Whether she can claim from the properties of father,mother,sister also.
d) Can she claim one room for permanent residence or can she lock it rendering it unusable for any other person?
e) Suppose I gift a substantial portion of my assets to my mother/father/sister before she files any type of court case, whether it will be legal? I want to make gift so that it will help them in their old age and marriage of the sister.
f) What safeguard should I take in this regard so that I am not faced with unreasonable demand?
g) How the court decides on permanent alimony case?
h) Can I refuse permanent alimony and instead opt for monthly maintenance till she is remarried?
thanks and reagrds
MUKESH GUPTA
ad5
21 August 2009 at 11:14
Mine was an arranged marriage. After marriage my wife was acting strange & used to get upset very often, cry without reason, make statements like "who wanted this marriage?". I was suffering all this torture alone. then slowly after a few months i got to know from her that during her studies she had a 4 year long affair in which they lived like husband & wife then when it broke, her parents got her married to me. all these things have been hidden from me & my parents. now after knowing all this even my family is very upset & it is very evident that she has mentally not accepted me as her husband. I am feeling cheated. Moreover, now she has left our home taking all jewellery & stuff & given in writing that she doesn't want to live with me.
Now after 15 days, the girls parents are spreading the news that our home environment is not good therefore she has left the house & now they want us to take her back.
We are not willing after all these incidents.
How do I resolve this issue?
Can I apply for nullity of marriage?
what should be the grounds?
How to go about it?
Legally where do I stand?
What kind of evidence is necessary?
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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