Pooja Banker
03 November 2017 at 10:16
I had filed 125 for my child andas per judgement my husband have to pay Rs. 30000 per month. He gave cheque in favour of court and then I collect cheque in name of my son. But my husband bounce the cheque which is in favour of family Court. Now my question is who file case against my husband me or court?? Cheque is in favour of family Court.
Anonymous
03 November 2017 at 09:42
In a CrPC 125 case, lower court has ordered interim maintenance of Rs. 6000 for wife and 9000 for 2 years old son, in total Rs. 15000 from date of order. My take home salary Rs. 30000. I had been sending monthly expense @ Rs. 6000 already to my wife since separation which MM didnt take cognizance. Hence the basic pre-requisite for the relief under CrPC 125, that neglect in maintenance of wife and child despite having sufficient means, does not arise. So, when there is no cause of action, how MM admitted the false case where my wife knowingly suppressed all the facts and rather gave fabricated statements? Even in the order MM overlooked this aspect despite that I have attached all monthly money transaction receipts. So, I have challenged the order and filed for revision/appeal at HC. At this condition, am I legally liable to pay any interim maintenance till the dispose of the revision in HC?? Only 05 months arrear pending till date. Can my wife file for execution even though I hv challenged the order?? My main query is that, whether the lower court order comes to stay automatically when it is challenged in higher court??? Please clarify. Am I supposed to disburse the maintenance amount partly/fully even when the order has already been challenged in HC?
V.N.K. MENON
02 November 2017 at 20:54
Background
==========
“E”Is the living senior most member of HUF.
A, B,C & D [who were elder brothers and sisters of “E”] since expired.
Each A, B, C &D (since expired) have descendants, say 3, 5, 4, 6, each respectively, and each descendant has his own families - huge.
Status of the matter (in Kerala): “E” the Plaintiff filed a partition suit through an advocate “P” making all living members as defendants.
Question:
==========
This is my case & shall appreciate a considered opinion from experts
(1) Whether, I (defendant in the suit), being a descendant-member, is obliged to pay advocate’s fee to “P” over and above stamp duty.
(2) There is an ex-parte order for partition. Without the knowledge some members, some other members took their shares on the strength of the exp-arte order.
Ronit
01 November 2017 at 18:21
Hi
My wife working is working in bank as clerk and having service period of two year only. We have our infant daughter 9 month old was born at my permanent resident where my wife, me and my mother were living. My wife took transfer to my native place just 1 year back on spouse policy of bank. On 10 Sep 2017 heated argument occur between her and me and we hurled abuse on each other. She immediately called her parent and they took her along with infant daughter and said she will return in few days. After few days I contacted my father in law he told me not to contact her as she is depressed. After that my wife stopped replying though I was asking her where She is but all in vain. Then after few days on 6 oct 2017 her uncle Called me saying you just tortured her and threatened me of police and court. After that I send a leagal notice to her return back but no reply. After getting suspicious i asked her branch manger why she is not coming to bank he told me that she got transferred to her parental place due to political pressure. Then I asked my wife she did not gave me satisfactory answe. I send RCR notice to her and waiting for her response. I asked her to hand over infant daughter if she is staying alone and give her present address so that I can come to meet her but she is not telling her present address too. So can this be a case of fraud against my in laws and wife as they took infant daughter from my place and she took transfer to her parental place??? Considering the fact that she is clerk in bank and is not eligible for transfer before 5 yr and how she got transferred against spouse policy and this happend just with in 1 month after leaving on 10 Sep 2017. Can I claim custody of my minor daughter as She is working and most probably maid must Be looking after her ????is this mental cruelty or not, leaving matrimonial place and shifting to parental place considering the fact that husband has permanent residance and only son in his family????
Anonymous
01 November 2017 at 02:55
Hi
We had supari(Roka) of my younger brother in January 2016. It was decided to have the marriage done, after my marriage as this was a love marriage. It was agreed by bride's side. I got married in May 2017. After my marriage we started discussion on his marriage date and 23rd November was confirmed for engagement and marriage.The expenses to be beared by bride's party.
In September 2017, bride found an affair of my brother with his colleague. He had sexual intercourse with this girl. He confessed the same with bride. She also got some photos of them, but those are not inappropriate. When we came to know about this, my brother claimed he went on to wrong path due to possessive nature of bride. They earlier had some quarrels due to her nature. But they never brought this to either's parent's attention. She had tried to block his female friends on facebook using his credentials.After this incident, she checked messaged his female colleagues asking if he has any relationship with them. This has caused him a reputation damage in his office and now he is avoiding any contact with his female colleagues.
During our first meet with bride's side, it was decided to still get the marriage done in order to avoid any reputational /social damage to bride's party. Both were told to not bring the issue again future and both agreed.Still she brought up the issue after 2 days, due to which my brother requested to not have the marriage on 23rd November and instead give some time for their relationship to settle down.
This was not agreed by bride's side and instead they asked to have the marriage done on 3rd November. During our discussion my brother shot a video, of which we were totally unaware. The video shows a discussion wherein bride's parents confirm that they are having this marriage earlier despite being aware about the differences between the two. Unfortunately,he also shared the video with bride.
Upon coming to know about the video, bride's parents decided to cancel the marriage. They came to our home and asked us to give a note of marriage cancellation and said they need no money. Next day when we went to their town to settle things, they threatened us to write note of cancellation from our side instead of mutual agreement. They also threatened us to write that we were not threatened to write cancellation note. They did not even give us a chance to copy the note. After receiving the note, they immediately asked for Rs. 5 lakh as an expense. As the marriage has not happened such huge amount is not actually invested. We did not even had a single penny from them. Now they are threatening us of filing defamation case if we do not pay the amount in 2 days. Also they are not ready to negotiate the amount.
Kindly guide me on what can be legal implications if we are unable to pay the amount.
Is there anything we can do from our side as my brother is also suffering from mental stress due to the act of bride.
We do not have any proof of them threatening us to write down the note, however my brother is still ready to marry the bride if some time is given. However, truth is bride's side is the one who want to cancel the marriage.
Sk Rajjak Hossain
31 October 2017 at 13:31
Dear Experts
Wife has filed false case 498A. I have filed RCR
On 1st notice she has received and appear in court with her advocate.
After 6months she has not submit her statement. Court has passed the xpart order against her.
Now what is the net steps for creating pressure on her.
Dipak
31 October 2017 at 13:06
Sir our marriage took place in Feb 15 and we both moved to Mumbai for my job in Mar 15. In May 15 my wife went back to her home for M.A. and B.Ed exam and returned in Sep 15. In Nov 15 she tried to hang herself at night in Mumbai. I asked the reason and she replied that i dont listen to her. In Dec 15 she was admitted in hospital for Missed Abortion. However she complains me that i made her to abort. Once i noticed that she tried to cut her hand as there were several light cut marks on her left hand. I asked the reason and she replied that it was nothing. She always ask me to leave her at her home.
In Oct 16 when we went home together, i dropped her to her parent's home but while we were about to return Mumbai she denied returning with me and cited reason that i tried to kill her by pressing her neck. Whereas the actual reason was she completely stopped talking me for about 15 days prior moving and i pressed her mouth to open up and say reason for not talking to me. She changed it to pressing her neck. I returned Mumbai alone. After 2 month i had to accept her allegation before her father over phone so as to get her back. She returned. Thereafter i came to know that their family was planning to take her home anytime and also keep pressuring me to shift near to their home. Her married elder sister along with her husband shifted permanently back to her parent home (ghar jamai).
In Mar 17 we went home for a function at her home. While returning we had a quarrel over keeping jewellery few with her and rest keeping them at her matrimonial home. She stopped talking with me. From Apr 17 she started to sleep separately in another room and continuously stopped talking with me till Jul 17. I told the incident to her father and he told that my wife is too Sentimental and i might have understood this by now so if i didnot adjust with her then he will take necessary action.
In Jul 17 we had quarrel as i asked to stay with her in same room. She even asked to pay her money for the same. During quarrel i punched her leg and asked that where will i go and with whom will i talk. She told she will do whatever she wants.
Thereafter in mid Jul 17 her father called me and told she has exam at home so he is booking flight for her and she will return after few days. She went and refused (2nd time) to return Mumbai and told that i tried to rape and beat her. I had nothing more to say.
In Oct 17 she called me and told she will not return as she took a job at private school and if i wish i can go and visit her at her home and also blamed me for numerous reason.
Stil now no legal action has been initiated by any of us. The following are my points:-
1. She gets angry on any matter.
2. She completely stops talking.
3. I m constantly under fear that she may again comit suicide.
4. She locks herself in a room whole day.
5. She dont allows me to stay with her in same room.
6. She asked me numerously to leave her permanently which i denied.
7. She constantly ask me to shift near to their home.
8. Now she tell me if i want to see her i can go to their home to visit her but she will not return to me.
Now of late, it is really becoming difficult for me to convince her or her family. How can i get out of this. Pls guide. Regards Dipak.
D G Raghunath
30 October 2017 at 21:10
My case is in Bangalore but I am living in Davangere . Every time I am attending the Domestic voilance case that is very difficult to attend me. Now I want to transfer that case to my native place. What are the procedures for it and how long it takes time to transfer my case. Currently stage of case is for evidence for interim maintenance.
Guru
30 October 2017 at 20:27
Hi ..my self guru (hindu)an graduate of residence tamilnadu age 29.my wife retcy(christian) resident of state Kerala age 29.. We got married in 2015 and registered in my native register office.. Now we have an one year son also..
Here my quary..while registering the marriage we registered our marriage in Hindu marriage act ..instead of special marriage act..actually we married in an simple function with invitation.. Of both family..even in register office our parents only signed as witnesses..
As we both professionals.. Am belong to BC in state caste grading..my wife resident id and all still in her native itslf not yet transfered into Tamil nadu as the state election was conducted in Kerala that time..the officials reduced to transfer that time .
Here my quary..
1.based on our marriage we get any job benefit.
2.as we registered in Hindu marriage act in register office.. That is enough for the job benefits.. If not any chance of Correction's in register office legally..
3.even though the chance of job benefit is not for us.. What is the benefits of my son in future..
Kindly guide me in this matter experts..ready to provide additional info if needed for your reference..
I know my message is too long..but thus is the better way to explain the scenario experts..
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Mcd
Hi All
My wife hv filed divorce petition in Mumbai u/s 13 (1) (ia). She also filed application for interim maintenance u/s 24 & 26 for her & child. After 1.5 years we both have decided to go for MCD. In mediation I agreed to pay RS 6 Lac for my child & she agreed to give visitation to my child once in a month. (to be invested in FD nationalize bank & interest of the same will be use for child exp.). On the next day (after one month) her lawyer refused to file even amendment application (convert from sec 13 1 (ia) to u/s 13B) & consent terms also. She insisted us to first deposit money into the court & then we can file amendment application & consent terms.
Please advice
After depositing money in court, if she is not agree with some terms regarding e. g child visitation & depositing money in nationalized bank, what is the risk to me. Can I withdraw my money deposited in court if she is not agreed to the certain terms & conditions.
Thanks