Aneesh
06 March 2017 at 13:42
Dear Sir, i am muslim,i am workig in gulf my qulification plus two, my wife was file fulse 498a case to me and my family,that wedlock i have daughter 5 years old, she file fulse affidavit in family court 125 recovery of gold and mony,thats way i was given thalak to her and i am remarried again, few month after she also remarried to her relative, now in family court order come against me 250000 laks rs deposit for my daughter for her marrage expence and 5000 rs pm monthly maintenance, she not prove my salary in lower court i have no any property but my parents property court attached in this case,this order appel in high court right now, this much huge mony i canot give what i can do help me
Tejas
06 March 2017 at 00:22
Experts, Please advise– Family Court FC- Recovery / Execution proceedings-CRPC-125. Wife files CRPC 125 in Family Court in the STATE of A (FCA), where none of the parties Resided for 19 years - by showing C/O address & that property does not exist even. Along with petition itself she filed documents to show that (i) She resides in City B in another STATE of B i.e. live & License of flat along with Electricity Bills of past 1 year confirming actual physical residence & working as Doctor in City B. He had Objected Jurisdiction in W.S., but still assumed Jurisdiction.
HC rejected Husband’s Revision of CRPC 125 Decree filed on 5 grounds (No Jurisdiction, Fraud, Desertion, working etc) . Then he filed Objection [ S-47, S-21 (3) CPC] in Execution Proceedings in FC on 2 grounds – Decree obtained by Fraud & Collusion from Court having No Jurisdiction is Null & void- cannot be executed. Can challenge any time in any court. Every court even lowest court is competent to cancel the decree. Principles of Res-judicata not applicable for Fraud & lack of Jurisdiction. Gave many SC Case Citations.
FC rejected my objection stating that -(i) This is criminal Execution - court’s job is only recovery and objections under Execution Rules of CPC not applicable- since this is Not Civil Execution (ii) Since High Court rejected your Revision Petition – U cannot question the Jurisdiction & fraud again (iii) You may file cancellation of decree U/s-127(2). [ I did not file U/S-127, since when Decree Does not Exist, No Question of filing Change of Circumstances. If I file, then it amounts that I admit that Decree is Not Null & void].
ïƒ Since spouses divorced by Mutual consent & one of the term of consent is -husband to pay maintenance till 9-9-16. Earlier he paid some amount. Now the balance is about 30K, which he can pay & forget. But if he wants to challenge (since this case has made a dangerous precedence) what R the options. Pls advise
1)Whether Husband was Right in objecting execution on grounds stated above?
2)Whether FC was right in rejecting the objections on reasons stated above?
3)Can He go to HC again against the Order Passed in Recovery Proceedings? If yes (a) Civil or Criminal Appeal ? or (b) Criminal Revision ? Time Limit ? (c ) Writ U/A-226, 227 ?
4) Since None of the parties Resided in that state past 19 years, not even today, can He file in the state where parties actually Reside ?
I can give full details also if required
Ash
06 March 2017 at 00:12
I am married for last 8 years. My husband is a doctor and I am a trainer. My husband is from a rural family with his parents in the village. I meet him through a common friend and we started to date each other.His parents never liked the relationship.we went ahead to marry with our own earnings. Exactly after the 3rd day of our marriage, he went and told my mom that he did not want to continue this relation. After that, he has been rude and fighting. I thought that as time goes on things would change. meanwhile, there was a lady who proposed him who was working with him. It was two years that we kept trying to make our relation. I meet with an accident and he left me after the surgery and did not meet me for 2 months. then he asked for forgiveness and continued the relation. Later when I was carrying for my son he again fought and left me. During the same time the lady called me and stated that I was the one who was intervening in their relation. When i asked him he said there was nothing b/w them. My son was born and time passed by. When my son was 2 years we left to a differnt state. he did not want me to come over there. i still took a transfer and went to stay with him. all the time he kept in contact with this lady. My son is 5 years old now. he hardly spends time with me or my son. he sometimes taunts at me and does not bother what my son does. He is always on the phone or watches tv. He does not speak and keeps on commenting. There was an instance where he told his mom that I did not provide him food and do not take care of him, which I overhead. He continuously abuses me time and again. I have several times landed to the lawyer for divorce, but did not find the courage to apply may be for my son. I am currently not working. I don't know what to do. My son likes him, but now I fear that if I keep fighting with him them my son will suffer. Planning to see a counselor but not sure whether he will join me.Please suggest
Bindu Madhavi
05 March 2017 at 04:22
Hello everyone,
My husband applied for divorce 10 months back. We had 3 mediation sessions but nothing worked out.
I am taking care of my kid from 5 years. I'm not employed right now, looking for better opportunities and so not in a position to take up lawyer expenses.
My lawyer is asking for % in final settlement, hearing charges and so on.
Highly appreciate suggestions about free legal aid in Bangalore.
Thanks.
Deepu jaiswal
05 March 2017 at 01:33
I had done court marriage from delhi tis hazari but im from ghaziabad uttarpardesh.is there is any problem due to different state.?
Anonymous
05 March 2017 at 01:31
I had done court marriage from delhi and my wife is not living togther since marriage.her family didnt know about marriage..there is any promble we are living separtly
Member (Account Deleted)
04 March 2017 at 23:05
If hindu parents on advice of an astrologer, in order to save their child's life give him in adoption to their maid in a formal adoption ceremony and maid gives that child back to the natural parents for bringing him up on her behalf, but every month she come to meet the child and give something to the parents for that child. Later on can natural parents claim that they didn't have an intention to give their child in adoption as their the consent was vitiated under mistake of belief ?
James
04 March 2017 at 19:53
Me and my wife are living separately for more than 7 years. I dont know any thing about her(where she is staying). We are not in touch. how to get divorce from my wife. I know where she was living last( 7 years ago). I heard she relocated somewhere.
Since she was working in bangalore , her parents also went and were staying with her.Now i dont have any one to get her details.
How to get divorce in my case. please advice me.
Jaigopal Soni
04 March 2017 at 16:26
Principle Judge Family has dismissed the application under section 125 of CrPC filed by wife against her husband which is dismissed under section 125(4) citing that the applicant wife has left the company of husband without any just or valid reason. hence she is not eligible to get maintenance under section 125(4) even through husband has admitted in its cross examination that he is now not ready to keep her wife now after 7 year of separation without mentioned any reason but wife is ready to accompany him.
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Bank fd
dear sir our family friend have nominated me in all his bank fixed deposit account he has 2 account in same bank but in 2 different branches in one branch he nominated me as nominee and in other branch no nominee is register he was unmarried and no fimaly member is alive he left a will also but it is unregistered will in one branch locker, i have found a copy of that particular will in which he mentioned my name but the other branch in which i am not a nominee is asking me to bring succession certificate what should i do please suggest me.