Dinakaran S
22 August 2023 at 08:56
Case background:
Already divorced in 2017. She filed a Domestic violence under sec/12(sec-18,19,21,22)including full false allegations along with asking maintenance to her and my minor daguther in 2018. Unfortunately, it was a ex-parte order i didn't appear for the case. The order was in May 2019 summarized that the false allegations were not proven and only remedy is to provide Maintenace to my minor daughter.
In 2021, i filed a Visitation rights which is pending in family court. In dec, 2022, she filed a petition under Sec 128 of CrPC connected to DV judgement in CJM court.
Queries:
1. Is Section 12(sec-18, 19,21 & 22) of DV judgement can be enforced through sec/128 CrPC? Why she didn't file under sec/31 of DV act / 468 CrPC convertable? Due to time limit expiration of sec/31 she didn't file or might be anyother reason?
2. In DVC, Can she file section 128 of CrPC to connect DV case? Will it be maintable? can i challenge to dismiss the petition because of time delay or can't file DV case judgement in sec128/CrPC?
(DV case Judgement date was May 2019, after that her sec/128 filing date is Dec/2022. Registration date is July/2023)
3. Or how should i proceed with this case?
4. Shall i gohead to trasnfer my Visitation rights case and this Sec128/CrPC or challenge the same if i'm able to win with any strong suggestions?
(Note: already a police complaint done and CSR has been provided against petitioner's father. This may be a strong ground to get transfer direction i believe)
Thanks in advance
Anonymous
19 August 2023 at 01:00
is it legal to obtain a copy of a will and reveal it to others before the will owner's death without his permission? .
my brother's will has been revealed to his sons by one of his friends.
Since then my brother has been facing a lot of problems from his son who is excluded in that will ?.
can we file a case against that friend who is also a lawyer for revealing his WILL to his sons without my brother's permission?
Anonymous
16 August 2023 at 21:58
Hello,
I am writing this query on behalf of my sister, who's husband passed away recently. When we approached for Legal heir certificate, the Local body (Panchayat Office) told us that since the deceased mother is alive, as per Hindu succession act, along with the wife and children of the deceased the mother also will be a part of Legal heir. My question is if Mother passes away, will her other children (i.e. deceased brother/sister) will also turn to be Legal Heirs? Or after mother passes away, the wife and children of the deceased only continue to be Legal Heir.
Anonymous
15 August 2023 at 22:12
dear sirs
I am paying interim maintenance u/s 125 cr pc to my wife and minor daughter since October'2015 at the rate rs 4000/- to wife and rs 5500/- to minor daughter per month. I have got RCR decree and order in my favour in November'2019 where the additional district and session judge ordered my wife to join matrimonial home along with daughter immediately.
She didnot come though i wrote three letters to her to come back. I have updated the judicial magistrate court about the decree and order through petition and prayed for withdrawal of maintenance u/s 125 cr pc to wife and daughter as well since she is now 23 years old. But nothing is happening. My maintenance case is at the evidence stage for last 5/6 years. My wife is simply enjoying the maintenance for both herself and daughter. i could not my daughter for last 6 years. i am now 55 years old and my income is 15000/- per month. I am feeling helpless. what should i do ?
1. should i appeal to the district judge for removal of maintenance in the light of the RCR decree and order or pray for speedy disposal of my maintenance case u/s 125 crpc
2. should i go to the High Court for redressal of this matter
Please help
SANJAY SINGH
13 August 2023 at 20:34
I have filed written statement last year on 16.11.2022 through advocate hired over phone to send signed ws and affidavit executed in ghaziabad through speed post. This year in February 2023 my advocate in connivance with the opposite party and her lawyer, shown me appeared in Darbhanga, Bihar but the truth is that till date I have not visited Darbhanga, Bihar due to danger to the life and limb. Since 16.11.2022, the case is at reconcilliation stage. As I kicked off cheat lawyer, presently I want to defend my case in person. can I send the application papers etc. throught speed post. I do not want for any reconciliation. after this what are the steps proceedings for the finalsation of the section 9 case.
2. my divorce case which was filed on 11.08.2022 in family court, Ghaziabad , got transferred to Darbhanga, Bihar vide supreme court's order dated 19.07.2023. So far she has not filed written statement (after one year of filing the case). What are the steps after ws in divorce case and how logn can it go?.
SANJAY SINGH
10 August 2023 at 13:47
As in my case , summon was received by the respondent on 07.09.2022 and she was continuously absent on the hearing dates and thus on 11.01.2023, ordered for ex parte evidence on next date i.e 01.03.2023. I presented ex-parte evidences. Now the respondent got case transferred to other family court. So far she has not filed ws. will ex-party evidences/ witnesses already presented in absence of the respondent be valid ?
SANJAY SINGH
10 August 2023 at 13:34
I have filed written statement last year on 16.11.2022 through advocate hired over phone to send signed ws and affidavit executed in ghaziabad through speed post. This year in February 2023 my advocate in connivance with the opposite party and her lawyer, shown me appeared in Darbhanga, Bihar but the truth is that till date I have not visited Darbhanga, Bihar due to danger to the life and limb. Since 16.11.2022, the case is at reconcilliation stage. As I kicked off cheat lawyer, presently I want to defend my case in person. The court was vacant from March to July. Now on 02.08.23 judge has joined and my case is fixed for 22.08.2023. Kindly suggest me in this regard. can I request through application to dismiss the petition u/s 9 and grant divorce as same request was not made in ws because divorce case was already pending in Ghaziabad.
Further more my divorce case which was filed on 11.08.2022 in family court, Ghaziabad , got transferred to Darbhanga, Bihar vide supreme court's order dated 19.07.2023. Kindly suggest me what should be my strategy to get quick divorce.
Kushali
09 August 2023 at 11:20
Hello Sir request to please reply on above query what if he doesn't appear in court even though order of his presence is there
Kushali
09 August 2023 at 00:37
What if he doesn't appear court even after courts order of his appearance
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Registered divorce paper after divorce from community
I am from Pune and I was divorced in my community 8 years ago (2015). I was given a community divorce paper with signature of my ex-wife as well as 2 witness from the community. The paper was in another language which was then translated, affidavit and was duly notarized by the notary. Now, I am facing a situation where I have to present my divorce paper to a government body and they are not accepting this paper and they want a court registered divorce paper only and no other declarations. I have no contact with my ex-wife and I am sure she will not co-operate to get a divorce paper and will create problems even if I send notice. Is there a way to get a divorce paper without contacting her, maybe on the basis of my community divorce paper?