Nayan
13 October 2016 at 20:54
Hi Dear All,
My query is that can a father be present as an advocate of her daughter in the matter of 13(1) as an opponent party?
Than how can i call him (to advocate) as my witness?
suresh agarwal
13 October 2016 at 15:40
Sir,what type of proofs required for a divorce if she don't agree upon it.
Rakesh gupta
13 October 2016 at 14:18
Dear experts,
RCR & Maintaiance under crpc 125 was field by my wife in bangalore which is going on in family court. Intreim maint is still under way for arguments.
NOw she has filed 498a on me which get charge sheet completed and moved to court we suppose to receive summons on x date.
Now A1- A4 ( whle my family) are on Anticipatory bail sicne FIR. Bail have few conditions not leave judistriction with out court permission.
Please let me know whether can i take Anticipatory bail condition relaxation now so that i can move to abroad for work purpose.
OR do i need to get regular bail in magistarte court first and then take permission from court to move abroad
Please clarify me Thanks all in advance
BN
13 October 2016 at 13:26
Hello Sirs,
I am 51 yrs old person and my wife is 47 yrs. We have 2 adult children.
My wife left my home in February 2013 to her parents home in another state and refused to return despite my requests and advice of relatives and friends. I sent her a notice through advocate during April 2015 and not getting any response filed for divorce during May 2015.
Since she was avoiding the court notices, I gave a newspaper publication in the state of her present residence after court allowed for it. Even after that she has not attended the court. Court declared her ex-parte and posted the matter for petitioner evidence. I have filed evidence affidavit and process of marking the documents is completed. Now matter is posted for hearing.
As per the above, I have the following queries.
1. What does hearing mean and what is the next step court will take. Within how many days max. can I get the divorce.
2. Is my wife entitled to claim maintenance even if she has deserted me and I get divorce on that ground.
3. What happens If my wife comes to court on next court date.
4. can my wife tell the judge that she is not interested for divorce and can the court ask me to accept her in this stage of the case?
Please help me with your reply.
Ismayeel
12 October 2016 at 18:00
Dear Sir in my case RcR nd crpc 125 my father in law has given evidence and it has been proved false and he has helped the defendent in support.. Hence wt action can I take on him
shankar
11 October 2016 at 20:20
ours is a respectable family and wife happens to be far relative married 9 years back... my father is a bed ridden paralysis patient and aged cannot move totally dependent.. i am in a good job and i have one son.. my wife is also a lawyer by profession and i only got her job... in a month we won't talk almost 20-25 days and her mouth has no limit... i will be forced to use foul language.. she always targets my mother which i envy.. we [mother] struggle so much to keep father out of danger every now and then he is hospitalised and always will be under stress.. my wife never co-operates and threatens me my family always... she never teaches my child and i take extra care for his health as well as studies and he is doing well... her parents doesn't care and i have stopped going to them.. her mother supports somuch that she keep on threatening me by saying she will die and write all our names.. etc., i want to issue one warning notice how i should proceed and on documents part how i should prepare myself... my son had fever and she never bothered to check and didn't speak even a word with my only son... please help
Ravi Verma
11 October 2016 at 19:13
Dear experts,
Marriage Happned on 27/04/2015. Wife left:03/05/2015
Total days we stayed together :5 days
I have made attempts to bring her back and i have proofs like call recordings made to her father to come and solve the matter etc etc.
Main allegation by wife : that i tortured her ( totally made up, c wantd to go back frm day one and wz looking for fight so small fight happened and c gt the chance)
Aftr the fight c called her family members to take her back, on which we also called our relatives and we recociled the matter and her family went back aftr all drama (all this happened on 30/04/2015)
Aftr this c stayed till 3rd may 2015 on which date her brother came as agreed by both part earlier and c went o her home. I have food and shopping bills of these 5 days c stayed wid me.
Aftr that we have called her father twice to appear for reconciliation but he nvr showed up(i have call recordings) and on one occasion we went up to her place wid prior information to her and her brother but they went absconding for which we gave information in local ps and have met our samaj people in her town along with girl's chacha. I have one instance of chat in which c said c wont come bck.
After one yr i.e on May 2016 we have filed for RCR sec-9 in which they nvr appeared and the case went Ex-Parte and ordered in my favour on 16/08/2016. On 06/10/2016 i have received summons from court for CRPC 125 Case on me asking for 40,000 pm and notice contains all bollywood masala story none of which is close to reality.
How should I approach nw and wat are my chances for interim maintainance...can c b denied anything by court as i have RCR.
One more thing : RCR summons wer made on her name only bt ws received by her father, is it a valid service of summons or c can challange RCR orders based on this fact.
Do filing of contemp of RCR orders after the mentioned period in the decree will b of any use ?
Ismayeel
11 October 2016 at 17:12
Dear Sir my wife has left home willfully and harassing me to come nd stay in their home and to maintain their family after denaying it she was blackmailing to file 498a and Dv act but I conducted a meeting with elders and they advice her not to repeat it but disobeying them she sent a legal notice to me stating the false allegations of dowry harassment and Dv act and claiming the maintaince but I filed RcR and in that she agreed that her marriage expensive were borne by my father and she is not willing to leave with me more over we only both were resided in separate home in other district, the RcR has decreed in my favour stating the alleges of cruelty in negative and order to join matrimonal home with in six month and crpc 125 has awarded the maintenance of 10000 month and now she has filed 498a and Dv act claiming composition of 26 lakhs but no alleges are mentioned In notice pls tell me how does it impact me and give some citation on denying double jeopardy
Thanks
Sanjeev
11 October 2016 at 16:28
My father passed away in 2009 and we belong to a Hindu Rajput family of Bihar origin.
He has three sons, two daughters and a wife. All his children are married. The eldest brother Sunil stays in Mumbai and works there. The two sisters are also married and one lives in UP and the other sister in Bihar but in a different place than the native home. The younger brother Ravi and the youngest brother Mohan live in the native home in Bihar. The youngest brother Mohan takes care of the mother and she stays with her. She is suffering from a serious disease but is doing well. The younger brother Ravi and his wife are not behaving well with the mother. The house in which they live is in the name of the mother and it is registered in her name. The younger brother Ravi is living happily with his wife in the same house and has two children on one floor.
Due to the bad behaviour of the younger brother Ravi and his wife, mother wants to send them out of the house and evict them. When she say this to the younger brother Ravi, he says that I will implicate everyone in Domestice violence Act and Dowry Act. There is high probability of Ravi doing this in future. The younger brother Ravi and youngest brother Mohan got married after father died. The youngest sister also got married after the father died. Father got Sunil and his eldest daughter married while he was alive.
How can I prepare from now itself so that when the younger brother Ravi files the DV and Dowry case against the eldest brother and his family, youngest brother and his family, mother and the family of sisters so that the case can be proved false and foiled?
What are the legal options for my mother to get the younger brother Ravi evicted from the house in which he is living?
Can the eldest and the youngest brother not file DV and dowry case against the younger brother Ravi?
We have ancestral property and some property in the names of the three brothers whis is mostly agricultural land. The three brothers have signed on a 1000 rupee stamp paper that they agree to divide the mentioned property in the stamp paper which is in the names of three brothers in equal shares among the three. The stamp paper has not been notarised. For ancestral property the three sons are already legal owners after father and for individual property they three have already consented in the signed stamp paper. My question is even if the 1000 Rupees not notarised, is this still a valid document and can it be taken in court and is it legally binding for the three brothers? Can the agreement be notarised now and a copy handed over to each of the brothers? What else can be done to make the agreement on Rs 1000 stamp paper more valid and binding. If Sunil and Mohan want to initiate division of the ancestral and name property how can they initiate even if Ravi does not agree to go for it?
Sometimes, Ravi says that mein chawallis karwa dunga on the agricultural land so that no one uses it for some time for cultivating crops. What is this chawallis? Is it some section of the IPC and what is the full name? Is it 44, or 144 or anything else?
Ravi also withdrew money from the mother's joint account by forged signature and also sold the soil of the agricultural land of Sunil without consent and earned 4-5 lakhs of Rupees because Sunil stays in Mumbai. These incidents happend 3-4 years ago. What can be done now?
Ravi is also forcibily using the Agricultural Tractor to earn his livelihood which is in the name of mother. Mother does not get a single penny from the income earned from the Tractor. What can be done by the mother?
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Lok adalat for child custody and visiting right
My cousin has filed for child custody and interim visiting rights till the pendancy of the case, 4 months ago in Ahmedabad. Till date respondent did not file their response and mere counselling at lawyers' level done having no result. During last hearing Judge transferred the case to Lok Adalat with the consent of both the parties lawyers.
Now the question is :
Lok adalat will do only counselling or they can pass order on the application of interim visitation right (for the welfare of the child) even if one party doesn't agree for the terms ?