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Anonymous
17 April 2023 at 21:00
The wife has filed cases under 498a & DV after 2yeras of staying away from her husband,
1st they had filed a mutual concent lawsuit for divorce, now she is demanding 15 to 20 lacs for signing the mutual concent petition, which was not agreed upon by the husband, so she has filed for contested case at her parents native place,
She has been returned all ornaments in the court & signature taken, she has named husband 's parents also in the DV case,
1) can a contested case could be filed against husband and parents after staying away for two years?? Though they had filed a mutual concent divorce petition to begin with,
2 ) on what grounds can the husband & parents can quash the false DV cases, specially when they are not staying with the wife since two years??
Anonymous
17 April 2023 at 20:41
The wife is demanding Rs 15lac back, which she claims to have spent for household expenses like ration , servents pay & other such sundry expenses when she was staying with her husband and daughter, from the husband to return it
1) is such a claim sustainable legally, even she gives the details of the amounts spent?- presently she has not given the detailed breakup of the expenses incurred,
2) will the court make the husband pay such expenses, as it was done for the family and not individually on husband.
Anonymous
16 April 2023 at 01:49
Hi Sir, please see the order of lower court (DVC)
Business : In the result, the petition is partly allowed and the following reliefs are hereby granted in favour of the petitioner. 1) A monetary relief u/s 20(d) of the PWDV act is granted hereby in favour of the petitioner whereby the respondents no.1 is directed to pay maintenance of Rs.10,000/-(ten thousand only) per month to the petitioner form the date of this order, payable on or before 10th of every succeeding month. 2). The respondent is directed to return the cash of Rs.1,00,000/- and motor bike presented to him at the time of marriage to the petitioner or the worth of it, within 6 months. 3) Am amount of Rs.5,00,000/-(Five lakhs only) is hereby granted to the petitioner towards compensation and the respondent No.1 is hereby directed to pay such amount to the petitioner, within six months from the date of this order. 4) The other reliefs sought by the petitoner are hereby dismissed. 5). The petition against the respondents No.2 is dismissed. 6) The petition against the respondent No.3 is abated. 30. officer is directed to serve the copy of order on both parties at free of cost as per sec.24 of the act. Copy of this order shall be communicated to the concerned protection officer and concerned police for the purpose of assistance in its effective implementation
I preferred fot appeal in the MSJ court and my appeal was dismissed confirmation the lower court order.
Please help me
Anonymous
15 April 2023 at 14:55
I have married in year 2008. After two months of marriage, due to immense pressure from my wife, I had been forced to saperated from my parents.
Unfortunately, on 2012 my wife saperated from me.
On 2013, I have filed RCR case, but she had requested to dismiss my RCR petition. I have withdrawn said RCR case before judgement.
On 2015, I have filed divorce suit. The said suit is in argument stage, wherein the District Judge agreed to pass divorce in my favour- since the wife has requested to reject RCR petition.
On 2016, she has filed 498 A against me & my family without any specific allegation.
Sir,
As per her statement, after eight years of saperated from in-laws she is filing 498A case.
After four years of saperation with husband she has filing 498 A case.
Charge-sheet is filed, but charge is not framed till date.
Can I file acquittal petition in concerned court based on limitation period ?
SoniaRajesh
13 April 2023 at 13:19
Section 498a of the Indian Penal Code (IPC) deals with the criminal offense of domestic violence against women by their husbands or in-laws. It was introduced in 1983 to protect women from cruelty and harassment in their matrimonial homes.
Amit Talreja
12 April 2023 at 18:03
Hi!
I have a property with my names and my mother as the secondary name, she is deceased. She has 3kids including me 1 Girl and 2 Boys, the apartment is in Mumbai. What documents do I require to get from the remaining two in order to have it solely in my names.
Parnika
10 April 2023 at 23:35
Dear All Good evening I have a query and hoping that i will get relevant answers here. My husband and myself got divorced under mutual consent. Now I did not want the divorce, my husband forces upon me because he was seeing someone else and wanted to get married to her. My wish and want didn't help and we finally went for mutual i did not demand for alimony.. he came up with a figure of 60lakhs and upon divorce gave me the cheque. I deposited the amount and my life was just goin fine . Suddenly after 2 yrs he comes back and says ... He made a mistake and wants his family back ( me and my son) after a lot of thinking i decided to go back to him for my child. Now I left my job and joined him ... So now he says his 2bd wife needs alimony and he doesn't have the money... If i give him that amount which I got from him as alimony, he will pay her and we can get married again , else it's a long process and will take time... Without even thinking i gave him all the money to give his 2nd wife and get away with it. It went as per plan and we got married and after 3 yrs that we are together.. we started developing issues again... The same old... Extra marital affair etc (which i don't want to disclose here) and it started affecting my mental health. Now he knows i am dependent and don't have any money... He says i can leave the house and go and let him live peacefully. I asked him for the money and said when he was in trouble I helped him with all the money even if it was his wrong doings .. now when he wants me to go, then he should settle me also... Right! To which he says that alimony money was never yours , it was that women's and i gave it back to her . Now I want to know is it humanly possible to be this... Is that now my money what the court granted me . Can't i claim that money . I need clarification on this please Thank you
Read more at: https://www.lawyersclubindia.com/forum/alimony-money-228837.asp
Parnika
10 April 2023 at 23:29
Dear All Good evening I have a query and hoping that i will get relevant answers here. My husband and myself got divorced under mutual consent. Now I did not want the divorce, my husband forces upon me because he was seeing someone else and wanted to get married to her. My wish and want didn't help and we finally went for mutual i did not demand for alimony.. he came up with a figure of 60lakhs and upon divorce gave me the cheque. I deposited the amount and my life was just goin fine . Suddenly after 2 yrs he comes back and says ... He made a mistake and wants his family back ( me and my son) after a lot of thinking i decided to go back to him for my child. Now I left my job and joined him ... So now he says his 2bd wife needs alimony and he doesn't have the money... If i give him that amount which I got from him as alimony, he will pay her and we can get married again , else it's a long process and will take time... Without even thinking i gave him all the money to give his 2nd wife and get away with it. It went as per plan and we got married and after 3 yrs that we are together.. we started developing issues again... The same old... Extra marital affair etc (which i don't want to disclose here) and it started affecting my mental health. Now he knows i am dependent and don't have any money... He says i can leave the house and go and let him live peacefully. I asked him for the money and said when he was in trouble I helped him with all the money even if it was his wrong doings .. now when he wants me to go, then he should settle me also... Right! To which he says that alimony money was never yours , it was that women's and i gave it back to her . Now I want to know is it humanly possible to be this... Is that now my money what the court granted me . Can't i claim that money . I need clarification on this please Thank you
Read more at: https://www.lawyersclubindia.com/forum/alimony-money-228837.asp
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