Anonymous
12 April 2016 at 20:15
Dear seniors.
I m a govt employe,salary is around 35k, during delivery my wife went to her parents home and blesed wid a baby girl in 2011,after that I tried so many time to bring her back but she always refused and finally after 2 years I file a divorce petition in 2013 in district court of howrah tht was misguided by a adv tht he can give divorce degree in 1,yr by exparty, in d meantime she filed 125 in lower court. whn expartee was going to order my wife has filed hma24 in oct2014. Nw on 26apr16 my evidence hearing is therethere but this time i can't able to attend
My query is if withdrw divorce petition thn wt ll happen? Does her hma24 can nt b executed thn.
Wt shld b best for me ,to withdrw divorce petition or to continue it. Since after filing hma24 its stopped.
Deepak
12 April 2016 at 19:24
REPOST : THIS IS A REPOST AS I HAD POSTED THIS QUERY EARLIER AS ANONYMOUS AND HENCE SOME EXPERTS DIDN'T WANT TO ADDRESS THE QUERY FOR THE SAME REASON.
Dear learned experts,
My sister has been married for almost 2 years now. She was deserted by her husband soon after the marriage, as he fled abroad and her in-laws started traumatising her for dowry, subjecting her to immense amount of agony and harassment.
Husaband ceased all contacts with her and as it became unbearable, she started living with us for past 10 months. Now having exhausted all our options to sort out the matter through talks as they are adamant at their demands, after much deliberation and having run out of our patience, we have filed a complaint in CAW cell stating all the facts. Ever since her in-laws and their relatives are trying every trick up their sleeves to pressurise and threaten us to take back our complaint and remove their names.
Now, alongwith these nasty developments we received an envelope today, addressed to my sister, that mentions our home address incorrectly (but was still delivered as the postman is quite old and familiar with other details of our address), reads SPEED-POST, and bears stamped details of the lawyer who seems to have send it. My sister received it assuming it might have something important. There are no other details on the envelope whatsoever except the Registered Post sticker on the back that has details about the weight of the package. As soon as we opened it, we found it contains a set of blank papers. We immediately showed it to the delivery-man, counted the pages in front of him and made a video of it too. He didn't allow us to leave any remark on the delivery challan though. We even contacted the post-office, but they also denied saying no remarks are allowed on the delivery sheet except the name of the receiver and the phone number.
It appears to be a clear case of some kind of fraud or mischief or a tactic to bog us down by my sister's in-laws. I instantly searched for the details of that lawyer whose name was on the enevelope, and I was shocked to see that he is holding a very influential position in one of the BAR Associations of District Courts of Delhi. I immediately called the President of that BAR Association and he told me that it's a common malpractice nowadays and that I should file a Police Complaint and also told me not to disclose that he advised me to do so.
I, then contacted the CAW Cell and also the concerned courts. They advised me the same. Now, as you can see that under the garb of this tactic this process can be blatantly misused against us by my sister's in-laws to address their ulterior motives. So, my humble query is what is the way out to nip this malafide intention of theirs in the bud and also what action can be taken against that lawyer to excise his unethical practices and any further attempts of threatening, blackmailing and doing fraud with us to weaken our case and thereby save ourselves from any unwarranted, unforeseen developments that may put us in trouble. Moreover, since this lawyer happens to be a member of BAR Association, can the BAR not pull him up and punish him accordingly post a departmental enquiry? Please show us the way.
Thanking you all in anticipation!
Member (Account Deleted)
12 April 2016 at 17:53
Wife had filed for divorce on false impotency and mental cruelty allegations which got dismissed on merit after my medical checkup and trial.
So, can I file defamation suit against her on her false impotency allegation in the dismissed divorce petition? If yes, which on is better ie. civil/criminal?
In general, what are the reliefs the respondent could ask for from the petitioner in court, after getting divorce petition dismissed on merit, for the years lost in the court and defamation in public due to allegation like impotency, mental problems etc.?
If the petitioner go for appeal in high court, should I wait until the appeal got decided to file defamation on impotency allegation even though I have medical board report in my favor?
aishwarya
12 April 2016 at 00:30
dear sir,my husband has filed a judicial separation after sending me for delivery to my moms place,I got tis summon wen my female baby was one month old,but they filed after d baby born,later husband came for Diwali nd many more times saying tat he will with draw d case nd take me to Banglore I'm staying in chennai he used to have physical pleasure nd stay at my home nd took me to many hotels,were he aborted thru pills also 2 nd child,later his parents came said tat pay 20 lacs as down payment for new flat he will pay emi I refused it since d case is on in the court no body approached there after,I have all his evidence were he stayed with me is it possible to show d court they r cheating me nd dismiss d judicial separation,plz guide me,I have filed restitution but he is not at all coming to d court,still I have not filed maintenance on him
Member (Account Deleted)
11 April 2016 at 23:00
What is a prenup?
A prenuptial agreement is a legal contract between spouses before the marriage to outline plans for division of property and finances in case of a divorce. It can help couples decide whether certain debts are personal or shared, and to define plans for managing household finances.
A couple with children from prior marriages may use a prenup to spell out what will happen to their property when they die, so that they can pass on separate property to their children and still provide for each other, if necessary.
My query to Expert is Whether it has any legal standing in Court ?
Anonymous
11 April 2016 at 20:36
Dear learned experts,
My sister has been married for almost 2 years now. She was deserted by her husband soon after the marriage, as he fled abroad and her in-laws started traumatising her for dowry, subjecting her to immense amount of agony and harassment. Husaband ceased all contacts with her and as it became unbearable, she started living with us for past 10 months.
Now having exhausted all our options to sort out the matter through talks as they are adamant at their demands, after much deliberation and having run out of our patience, we have filed a complaint in CAW cell stating all the facts. Ever since her in-laws and their relatives are trying every trick up their sleeves to pressurise and threaten us to take back our complaint and remove their names.
Now, alongwith these nasty developments we received an envelope today, addressed to my sister, that mentions our home address incorrectly (but was still delivered as the postman is quite old and familiar with other details of our address), reads SPEED-POST, and bears stamped details of the lawyer who seems to have send it. My sister received it assuming it might have something important. There are no other details on the envelope whatsoever except the Registered Post sticker on the back that has details about the weight of the package. As soon as we opened it, we found it contains a set of blank papers. We immediately showed it to the delivery-man, counted the pages in front of him and made a video of it too. He didn't allow us to leave any remark on the delivery challan though. We even contacted the post-office, but they also denied saying no remarks are allowed on the delivery sheet except the name of the receiver and the phone number.
It appears to be a clear case of some kind of fraud or mischief or a tactic to bog us down by my sister's in-laws. I instantly searched for the details of that lawyer whose name was on the enevelope, and I was shocked to see that he is holding a very influential position in one of the BAR Associations of District Courts of Delhi. I immediately called the President of that BAR Association and he told me that it's a common malpractice nowadays and that I should file a Police Complaint and also told me not to disclose that he advised me to do so. I, then contacted the CAW Cell and also the concerned courts. They advised me the same.
Now, as you can see that under the garb of this tactic this process can be blatantly misused against us by my sister's in-laws to address their ulterior motives. So, my humble query is what is the way out to nip this malafide intention of theirs in the bud and also what action can be taken against that lawyer to excise his unethical practices and any further attempts of threatening, blackmailing and doing fraud with us to weaken our case and thereby save ourselves from any unwarranted, unforeseen developments that may put us in trouble. Moreover, since this lawyer happens to be a member of BAR Association, can the BAR not pull him up and punish him accordingly post a departmental enquiry? Please show us the way.
Thanking you all in anticipation!
kehar singh
11 April 2016 at 16:49
Sir,
My son in law got married with second wife about 5 months ago. He is a state Govt. employee in Police Department. retired in February 2016.
His first wife did not file any suit because of the apprehension that his service may get dismissed resulting as a result even she may also loose the benefits which was about to rip had her husband did not re married.
thus, both of them mutually agreed to share all the pension benefits (Pension, Death cum retirement gratuity, cash against unutilised leave etc ) in the ratio of 50:50 and prepared a written agreement in the stamp paper and got signed by both in presence of witnesses.
There after the first wife continuously received her share (50%) of salary till the month of his retirement.
A copy of the agreement was given to the drawing & disbursing officer both in administrative department (POLICE) and Pension Department, Govt. of Sikkim for onward action while making the pension payment.
Now it is said that unless the agreement is vetted by the court of law the Pension Payment Officer is not bound to distribute the pension as written in agreement if the husband raise objection for distribution to his first wife with new plea.
Under this circumstances what should the first wife do to get the agreement equivalent to the decision made by court of law.
Though both of them are staying separately at two different places though not divorced legally but by virtue of the agreement so signed.
Since there is very little time as his file for grant of pension has already been processed so kindly give the ways n means to provide the right of first wife.
Saranya SA
10 April 2016 at 21:19
Hi im born christain bt nw converted to hindu im in love wit my mother's sister's son (his father is not realtive to us) he was hindu and nw converted to christain.our parents are against us since 5yrs the problem continous.after facing my problem we did register marriage it comes us hindu marriage..even then the priblem is the same if our parents appeal to court this marriage will b a void,i understand.but nw we r in the idea of converting to muslism.tis is the last chance for us to live.else shld definitely sucide.i cnt live witout him!pls anyone reply
Member (Account Deleted)
10 April 2016 at 21:02
Wife's divorce petition got dismissed on merit after trial by family court. Now she has filed appeal against family court in high court.
So, what will happen if I do not contest the same either by non appearance or by filing a statement that I don not want to contest the same due to health or money problems?
Will court itself go through the merits of the judgement before allowing / set aside it?
If I do not contest it, can she add any additional demands/reliefs and get it allowed easily?
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crpc 125
Hi
In Dv case I m giving 5k as order from date of application(3k for her+2k for rent) but she residing her mother owned house. maintenance as there is pending amount I m giving in installments. As wife write in petion she is unemployed. she has not any evidence for my income
But wife filed crpc 125 For kid
My query is
1. can she get in both cases she said to judge she is getting Dv for her. And she filled crpc 125 for kid. kid is with her
2. she is an M.A. b.ed. and I have her perivous salary certificate. Can I fight for quash the crpc 125
3. In crpc 125 date judge is asking she can cancel Dv order and in crpc125 i m going to order 5k for only kid and order from till date not from application.
can she do that ? can she has power to dismiss dv case bcoz she is family court judge and dv case was running in lower coury
now my 125 case in argument stage. how to prepare argument.it should be in written or verbal
Plz help me solve my query