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Member (Account Deleted)   22 February 2016 at 10:46

Expedite trail pros & cons

ld. members please guide me on expediting the trailing of below cases

1. 498a - Running from past 5 yrs, totally false case, CS filed after 4 yrs & last year charges frames against only husband.complainant not appearing in court.

2. 125 crpc - Running from past 4 yrs, interim fixed 2 yrs back for wife & 6 yrs daughter. Wife got Govt job then family court revoked interim order.wife is not regular on dates as her job place is 300 KM far.

3. Domestic Violation - Running from past 4 yrs, no interim fixed (Wife got Govt. Teacher job 1 yr back & have one daughter of 6 yrs) Now she is not regular on court dates due to her job and delaying it.

I live in Delhi and cases are in UP 500 km from my home. Please advise which case should be expedite first & its consequences on other cases

Vishal   21 February 2016 at 08:16

Wife cheated, reconciled now threatens with false police complaints

Dear Experts,

I got married in 2004 (love marriage), in 2007 a male child was born out of the wedlock.
Wife had a dominating and nagging nature and she never got along with her parents or siblings. Life wasn't easy with her and ignored her tantrums to maintain peace and harmony at home.
In 2012 she had an affair with the landlord's son, upon discovering the same tried to make her understand that it's wrong and the following ensued:
1. She became defiant that whatever she is doing is right.
2. Everything gone bad is my fault.
3. She continued the illicit relationship unabated.
4. Upon suggesting seperation 8 months after discovery of affair she attempted suicide (took 10 saridon tabs, only to threaten me and shut me up.
5. Changed residence hoping it'll help but March 2013 she ran off with the child from school.
6. I filed a divorce case at Gurgaon.
7. Case filed by her at women cell saying I had beaten her up and threw her and the child out of the house.
8. At Women cell Gurgaon it was agreed that I will provide stuff for her and the child which I had packed and kept at the stairs.
9. She came with a 17" truck and broke the lock of the house, ransacked the house. I called police but could not have her arrested since the child was with her.
11. 5 days later she left the child with me and returned all stuff and left.
12. Exparte divorce granted in Dec 2013.
13. Feb 2013 she appeals in court saying she did not receive notice.
14. During this time, numerous bogus complaints were filed against me at various police stations in Delhi NCR (gurgaon & ghaziabad)
15.The magistrate asked us to start meeting so that we could iron out differences.
16. We were sent to reconciliation which failed.
17. Visiting rights were granted in March 2013 by a lok adalat.It was agreed there that she and I will stay seperate and custody of the child will remain with me, She will meet him in my presence on weekends. (my lawyer did not tell me it was a lok adalat, had to change lawyer post that.)During this period my job changed and I moved to Ghaziabad from Gurgaon.
18. She was well behaved and all nagging and her affair was gone as I was made to believe. In the interest of the child I decided to stay together in Dec'2014. Hereby giving our life another chance.
19. She moved back with me in Jan 2015. Post which she again started to show her old self.
20. she doesn't take care of the child, does no household chores.
21. There have been numerous fights between us. In sep 2015, my job changed back to gurgaon where she also works. She has been fighting with me to move to gurgaon, which I did not want since have spent so much on court battles and the child is 8.5 years have to think of him and I need to make a base somewhere and start savings.Also, cost of living in gurgaon is higher than that of living in Ghaziabad.
22. I had a servant who was taking care of the child and home all this while. In the absence of servants I was responsible for all chores right from sending son to school to making lunch for him and all the other stuff.
23. On 14 Feb,2016 she put an allegation on the servant that he saw her while she was bathing.
24. The servant was asked to go, she also went to gurgaon to her friend's place post that to seek peace for herself without thinking how will I manage without servant.
25.took me 3 days to manage without servant and had to do lot of convincing for the servant to return on 18 Feb 2016.
26. She returned the same day and I told the servant to not do anything for her thinking that she might say that he has laced her food. She was supposed to be cooking for herself.
27. She called the police at 9 pm alleging that am beating her up, not giving her food and throwing her out of the house.The police came, explained everything in detail. They asked us to report to the station the next day.
28. The next morning got late in going to the thana, she called the police again, they came and took the servant who was asked to go without any action against him.
29. Now she wants the child to be sent to the hostel and then she will seperate. else she will not.
30. She wants 25 lacs for the harrassment me and my son have gone through.
31. Doesn't listen to anyone has company of few lawyers who are apparently encouraging her.
32. My inlaws although support me they are helpless. The same behaviour was with my mother in law before marraige. She had even attempted suicide earlier.
- Have all the proofs of her illicit relation.
- recorded conversations between me and my inlaws outlining her wrong doings and plannings to harrass me.
- Anyone from my inlaws coming to support me are threatened by her of the same fate as me.

Request advise to get rid of this henpecked life.
Thank you
Vishal
9650252555

Anonymous   20 February 2016 at 23:31

Prohibited relationship details

Sir I can marry my own brother wife. Elder sister own daughter.. Her Christian girl (B.C) but I'm Hindu...(SC) She fall in love with me... I wish to marry her.. My age 23 Her Age 18 ( she not a sapinda relationship...) Pls suggest me to marry her.. Thank you for advance

RAVINDHAR   20 February 2016 at 23:25

Prohibited relationship details

Sir I can marry my own brother wife. Elder sister own daughter.. Her Christian girl (B.C) but I'm Hindu...(SC) She fall in love with me... I wish to marry her.. My age 23 Her Age 18 ( she not a sapinda relationship...) Pls suggest me to marry her.. Thank you for advance

jaichamaraju   20 February 2016 at 17:40

compensation

If wife left husband, is any law is their? compensation will give wife to husband

Sundram N   20 February 2016 at 15:53

Recall of warrant rejected by family court

Dear Sir(s),

i filed the petition for recall the warrant issued in ex party order of maitenance case under section 125. as i already filed revision and my revision is accepted and principal judge ordered to serve notice to party.
in such circumstances, family court issued warrant and rejected my recall petition.family court mentioned that husband was aware about the maintenace case and he is not paying maintenance. as i am out of state as case is in Bihar and i am in west bengal.

kindly suggest :-

1.where i have to go to saty the warrant ?
2. where i have to go for giving opportunity to my revision petion aganist ex party order ?

subash sanan   20 February 2016 at 15:16

Custody of child

If me and my wife want to stay away from each other on a mutual understanding,who will have the right of keep our 4 years old son.Our marriage is not working properly and we want be live separately for few months.If it works well,we can rethink reunite at later stage.

Member (Account Deleted)   19 February 2016 at 20:19

Collusion between advocates

Hi,

I was married 13 years back and the filed for divorce on grounds of cruelty. I dont want her to get a divorce because she is planning to remarry and ruin my daughter's life in a new matriomonial home under a new husband, while making access to my daughter very difficult for me.

Thank you for your all of your time.

Karthik   19 February 2016 at 17:31

sale of minor property

After obtaining court order sale is executed and sale share money given in cheque to minors bank account s but the natural guardian does not completed court procedure after sale will there any problem for buyer after sale
Court order issued in name of natural guardian ( father). Property in the name wife she was experied already

Kakuli Sarkar   19 February 2016 at 10:34

Claiming alimony

Respected Sir,
As on now after talking with my son judge had granted a full day visit with his father once a week. In this circumstance my husband now want to finalize the divorce.
My asking are:
1) If I do not want to run a new and separate case for alimony can I demand one time alimony while finalizing the divorce?
2) My husband’s income is 30 to 40 thousand (approx.) and my income is 11 thousand. Though my my job is temporary in private sector. Many times I have to survive jobless. What amount of money I can claim?
3) Can I say to Judge
I will not marry again. My economical condition is very poor for hire any lawyer and run any case. My demand is Rs ………….please ask my husband to keep ready the amount and I will come and sign in divorce. As I am not economically strong and working in a private company in temporary basis. It is difficult for me to spend money and time for any legal case. My husband had stopped my son’s maintenance for 2 times in 3 years. He is not regular in paying money and my job is not permanent many time I have to survive jobless so I want to secure my son’s life.