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yashpal mehra   13 February 2018 at 14:18

Case 125 (3)

The marriage was solemnized on 17th Jan 15, was declared void by degree on 2nd Nov 2017 (by family court Indore) Meanwhile lady had field case u/s 125 and got order(ex parte) on 10th July 17 by family court Surat where she stays. After that she filed recovery suit u/s 125 (3). What should be my approach for:

1. Which court I will have to approach.
2. Should I approach high court Ahmadabad for with copy of void degree to quash order.
3. Should I approach court hearing 125(3) application with copy of void decree and request them to take cognizance of this issue.

Do guide me.

Anonymous   12 February 2018 at 23:31

Possible to amendment ?

I filled a case in Pune Family court u/s 12-1(a) of HMA 1955. in 2016... I have submitted my evidence affidavit to judge .My cross examination by opposite lawyer have not taken yet ..So is it possible now to amendment for Section 13(1)(ia)(ib) of the Hindu Marriage Act...in that affidavit....
If its possible pls let me know ....
my phone no.7798764393.

Anonymous   12 February 2018 at 16:22

Maintenance during appeal

My cousin got a maintenance order under CrPC 125 with some arrears of 13 months ( from application date) to be settled in 3 months from order.

Now, if his wife challenges the order in High Court is he required to pay arrears or he can wait till HC Judgement ?

Since his wife challenges order that means she is not accepting the order of lower court. So what is the logic that other party has to follow that order ?

pappu   12 February 2018 at 14:40

Personal

Hello experts,
I am working in govt. My family choose a girl for me. I also accepted that girl. after one month of conversation we got engagged. but after engagement i found she had past i came to know this and when i asked about this she accept it but she never told me clearly about that relationship i was asking how much that relationship was (means is there any physical ) but she never told, the another problem is her family background is not good. They are weak in wealth but never showed this. Their family is very arrogant in nature. specially her mother and maternal uncle doesnt know how to behave with son in law. whenever argue is with us her mother joined in that and it increases, even her other family members are also very poor in behaviour. I have also dought that in future wheather she will take care of my parents or not. But i want to marry her because i love her. I dont know whether she loves me or not or still she has her past in her mind. Now how will i go from here wether i should marry her or i should left. But leaving her is also very difficult for me because i love her sooo much. What should i do. how will i accept her past its going to very difficult for me.

Ankur   11 February 2018 at 23:21

False allegation of determining the sex of baby

Hi,

My wife put a false allegation of determining the sex of a baby when she was 13 weeks pregnant in the affidavit submitted as an evidence in the CRPC 125 case. However, this is completely false. In fact, I googled and learned that the sex of a baby cannot be determined until 18 weeks of pregnancy.

The CRPC 125 still in evidence stage and I am paying the interim maintenance ordered by the Hon' Court.

Do I have to wait until I prove not guilty in all cases ( 498A, DV, and 125) or is there anything I can do right away? Please suggest.

Regards,
Ankur

ChandanLawyersclub   11 February 2018 at 14:56

Rcr pro and con

Dear Experts
I am married from last 14 years. I have a daughter of 3 years. I was working in South earlier, moved to another metro in North for job. Since my profile jobs are very less in South due to my domain industries base
1. My wife has not joined me from last one year, they still stay in south in my flat. I work in North. My mother take care of small daughter in south . I have senior executive profile cannot compromise my career since I have another half of my career years service , I have to move to another cities as good opportunity comes. My wife is also in job earn rs 20000 per month salary. I have assured many times I will give her sufficient money equivalent of her salary even she leaves the job. She has not joined me as of now.
2. My wife has stopped having marital relations with me from last 2.4 years. I have told many times to her not to do so still she do not listen .

If I file RCR on ground of 1. Not joining me 2. Not having relationship with me from 2 years.
what are pros and cons of RCR
Is there any resolution of this without divorce?. I have tried all counselling, spoken to her parents but nothing worked. I want to resolve this issue without divorce.
I am willing to give in writing even I will give her pocket expenses more than her salary when she leaves job and joins me where every I move ( any metro). In fact she will get Rs 20000 job where ever I move
Regards
Chand

Athi Vishal HD   09 February 2018 at 22:01

Child custody

Respected Sir/Madam, My wife has lost her memory completely, she is physically and mentally abnormal due to the side effect after outcome of suicide attempt(hanging herself). Now she is living with her parents. My in-laws filed a case against me u/s 498(A), case is under trail in court. All this happens in 2013. They kept My twins girl childs from 2013 to for 2017.

In May 2017 they sent my childs to my custody. I admited them in prestigious school by giving huge donation. But now they suddenly forcing me to sent back my child to their custody and they told that they wil take my childs in the month of April without my knowledge when I'm in office. with my in-laws. How can I retain my childs as per law.my childs are ready to stay either with me or with my in laws

Athi Vishal HD   09 February 2018 at 21:48

Child custody

Respected Sir/Madam, My wife has lost her memory completely, she is physically and mentally abnormal due to the side effect after outcome of suicide attempt(hanging herself). Now she is living with her parents. My in-laws filed a case against me u/s 498(A), case is under trail in court. All this happens in 2013. They kept My twins girl childs from 2013 to for 2017.

In May 2017 they sent my childs to my custody. I admited them in prestigious school by giving huge donation. But now they suddenly forcing me to sent back my child to their custody and they told that they wil take my childs without my knowledge (with consent of childs)when I'm in office. If they do that is it attract kidnap case.? Pl suggest me how can I retain my childs as per law

ganesh athraya   09 February 2018 at 21:33

Sec 354d, 323, 504, 506

Experts and kind people,

received a summons from the AJMC, for a complaint filed by my estranged wife on the grounds that i have stalked and fought with here.

Have received a summons from the court to attend next week. She has claimed that she has witnesses and the stuff, but has not mentioned any names.

could you help me understand the sections and also how to counter them.

Thanks + regards
Ganesh


Prasanjeet Das   09 February 2018 at 11:16

Regarding section 25 and detailed answer

I had married a girl under special marriage act 1954 on October 2013.But after the marriage the girl told that she will convince her parents and come back to my house and the marriage will b held socially.any way she was connected to me comming to my house and relationship continued till June 2017.But we did'nt stayed together since the initiall days.suddenly she came and asked me for divorce.Now last month she has filled for the marriage to b null and void under section 25 of Special marriage act.The grounds she has filled in the petition is totally false.She has written that me and my mother mix something in cold drinks and take her sign cunningly.She was not in love with me and treated me as friend.She also mentioned that she was not knowing about the marriage occured earlier and only came to know when i showed her the certificate on last 27th June 2017.This is completely false allegations.The circumstances are different.She also mentioned that she was unaware of my qualification.so this marriage should be null and void.I want to knw the authentication of this petition and shall the court pass null and void order after 4 years of marriage registration?She also mentioned there we did'nt live together and have no physical relationship.I had filled a Restitution to conjugal rights petition too.