Vijay Kumar
09 March 2016 at 18:44
Hi all,
we have won 498A( 6 years legal battle) and dvc case is currently going on. Now wife filed divorce on cruelty and desertion grounds, we have no children. hardly lead marital life of 40 days.
I want to accept the divorce, but at the same time with out any alimony or maintenance as she is working since before marriage, the same was accepted by her in one of the cases and I also evidence.
what should be my stand now from legal side.
1) should I file another divorce petition from my side in the same court or accept the divorce and contest her allegations.
2)what if she withdraws the petition after I accept the divorce and contest her allegations.
ALPESH VEKARIYA
09 March 2016 at 17:06
Fact:
My relative sister's marriage is in dispute [about for month they live together. No child]. She has suffered lots of trouble at her husband house. Her husband is in affair/relation with other girl. Sister's parents and relatives has tried to make understand him many times but he do not change. He has cheated, mentally harassed to her. He is too liar and annoying her. Also her husband has taken money from her. still they are using the all things of Dowry.
At the time of Junmasmi festive [2015] she came at her parents' home, than after her husband/husband's family has not responded to her or her parents. Her Relatives and parents tried many times to meet each other and settle the issue but they are not responding properly and not ready to meet. After all complained in the Month of November at RAJYA MAHILA SURAKSHA SAMITI (Run by Gujarat Government). Up to the date many hearing is gone, in the one hearing they were present. They have not given any clarity. No output comes.
Our query:
1. what steps should be taken by her and her family for her future and safe guard?.
2. is there any time limits for maintenance from her husband?
3. they should take oath of legal procedure [police complain, etc]?
3. She can complain from city where her brother is living from long time, presently she is living there.[permanent residence is different].
msr reddy
09 March 2016 at 15:21
sir i went to malaysia recently on tourist visa to meet my husband as he refuse to send my dependent visa, he did nt open the door and with the help of indian high commission and police i entered the house after that my husband never came to home and the commiss arranged for counselling that also he didnt come after that he send mail that he want mutual consent divorce but iam not willing for divorce i came back to india now i want to send summon to my husband to bring india and also to file domestic and maintenance money and for abonded me for last 4 months and also to take my husband for counselling i want advice and how to send summon and how long it will take the whole procedure is i can send summon to malaysia and also for his native adress in india
Madhavan
09 March 2016 at 14:38
Hi sir I am Tamil person I ll explain the Tamil
Sir enakku enga Appa job compassionate ground appointment anen. Enga Appa ku 2 wife's nan dhan 1st wife son enakku job vandhudichu. Job vandha 2 r 3 days le father died. Ippo enakku vandha job enga Appa second wife son ku vendum appadinnu kekkuran. Avan case edhavadhu pottu job vanga mudiyuma...
skr123ster@gmail.com
09 March 2016 at 00:57
My sister has been working in a public sector bank since last 2 years. She got married 2 months ago. Soon after marriage she was kept like a prisoner at in-laws home (no movement outside the room without permission; even for toilet). She came back to her matenal home after 1 month where she is working . Her husband now starts forcing her to take tranfer/leave job at once or he will file divorce. Even mother-in-law abuses her on phone and takes sides with her son. Is the husband justified in claiming divorce ? Can the wife file case against husband and in-laws under domestic violence act ?
Sundram N
08 March 2016 at 14:56
Dear Sir,
kindly suggest :
Family court ordered ex party mainteance order. i filed miscellanious petition for set aside the order of maitenance. my misc. petition started and service is served to wife as judge of faimily court mentioned in the order sheet. after three date on misc. petition, judge issued warrant and i approached before the advocate of high court patna and now in thinking :
1. to file writ before the high court to instruct the family court to hear my misc. petition firstly and stay the warrant.
2 Secondly : to file bail petition against the warrant issued by family court and another case for istruction to family court to hear my case
3. Thirdly : Revision before the high court to stay the maitenance order and instruct to family court for giving oppurtunity me to argue the case
kindly suggest what option will be the best to proceed
sunil rai
07 March 2016 at 15:30
Sir.my brother in law married to a girl 3 years back . After that relation between them didnot turned well and they keep quarelling over pity issues. since last year he started taking drugs ,for which he was admitted twice in delhi hospital for de addiction .after discharge he again strated taking drugs.and started stealing and selling house hold items .his wife went to his fathers place and since six months she is there. she has started asking to register house and land on her name than only she will return .Disgusted by son and daughter in law attitude father in law had made him out of legal heir of property and published it in news paper too.recently that girl has filled police complain of dowry harassament against all known persons whether she had met or not.I am serving in army and my wife too serving in govt hospital very far from that place ,one of my sister in law is also studying not at that place.both father and mother in law has no source of earning only the rent they get from house,how can she file complian against so many people whom she had not met ?what should be done please guide thanks
sunil rai
07 March 2016 at 15:22
Sir.my brother in law married to a girl 3 years back . After that relation between them didnot turned well and they keep quarelling over pity issues. since last year he started taking drugs ,for which he was admitted twice in delhi hospital for de addiction .after discharge he again strated taking drugs.and started stealing and selling house hold items .his wife went to his fathers place and since six months she is there. she has started asking to register house and land on her name than only she will return .Disgusted by son and daughter in law attitude father in law had made him out of legal heir of property and published it in news paper too.recently that girl has filled police complain of dowry harassament against all known persons whether she had met or not.I am serving in army and my wife too serving in govt hospital very far from that place ,one of my sister in law is also studying not at that place.both father and mother in law has no source of earning only the rent they get from house,what should be done please guide thanks
Sundram N
07 March 2016 at 13:41
Dear Sir,
i filed petition before the family court for set aside the exparty maintenance order when it came in my knowledge. family court started proceeding on my petition and summon served on wife. after serving notice to wife and merging the file of maintenance order u/s 125 with my petition for set aside , the family court issued warrant for default in payment of maitenace as per order against which hearing and procceding is under progress before the same court.
i approached before the patna court and consulted with some of the advocate. advocates said that i have to file revision directly before the high court and not the petion before the same court for set aside the ex party order.
sir i require your suggestion :-
1. I am thinking to file a writ petition before the high court to give instruction to the family court to hear my petition of set aside of the ex party order on priority basis and stay of warrand so that i can be given full opportunity to submit my evidenece and also argue the case. as wife is wilfully not attending the case after serving notice on my petion for set aside.
2. Secondly : i am thinking to file qush against the maitenace order.
3. Thirdly : filing anticipatory bail agaisnt warrant issued by the family court and another petition for giving instrustion to dispose my petition by family court.
kindly suggest what option out of the above will the best option out of the above three.
2.
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False & frivolous dowry case to extract money
A false and frivolous case of dowry harassment [u/s 498 IPC]was initiated in Crime Against Women Cell by daughter-in-law after leaving our place, and resorted to DV/divorce business. There is no system of dowry in our community so also none has been taken. [My elder son is also married and no dowry was taken in the case - the girl’s parents are ready to vouch for it].
The marriage took place in 2012 camouflaging the fact by the parents of the girl that she is mentally unwell and her parents used to take her to an asylum now and then and used to give certain injection. When the effect of the medicine deteriorates she started abnormal behavior again. This has been secretly continuing even after marriage under one pretext or the other and the fact came to our knowledge recently only, and when the cat was out of the bag, she was taken by her parents and the drama started. First compromise took place on 7th March and the next date is 14th March. This is a well-planned cheating.
I am 68 years old. She used the provision of 498 as a weapon to harass me and members of my family. [Reliance Apex Court judgment: Arnesh Kumar vs. State of Bihar Page-3- DOJ: 02.07.2014]. The business of DV/divorce case was going on quite well prior to the said judgment.
Second conciliation will take place on 14.03.2016
The question is which among the following is prudent and can sustain and can be initiated:
(1) FIR u/s 385 (Extortion), S-420 (cheating) S-34 (common intention) and S-499 (defamation). [There were analogous cases in Bombay and Bangalore respective High Courts where court had taken up cognizance/NBW against erring wife]
(OR)
(2) Criminal case in the trial court.
A considered opinion/ guidance from the experts shall be highly appreciated.
Thank you and with regards.