JAVED AFZAL
13 February 2016 at 09:31
Dear Expert,
Will you please guide me following
1. That in the Domestic violence case/Matrimonial cases presence of the respondents/accused is not necessary.
2. IF respondent avoiding summons continuesly and later on proceeded ex-parte by the court. Pls guide me whether he can set aside the ex-parte order.
Neha
13 February 2016 at 00:01
Sir
I am married since last 11 years and have a son aged 10. My husband is working in his fathers business and gets no salary and has no signing right in business also. I am working as a teacher to support my son's education as there is no financial support from any other source. My father in law has another also and an unmarried daughter also.The other son is a lawyer and he has been making threats to me and my husband on basis of his legal powers. My father in law are also in his control. Now since few months my father in law says that both of us should go out of this house and stay on rent. Sir please guide me that is it legal as my husband has no other income and he will not get any rent from family business also.My brother in law stay in the upper storey of the same house with a separate kitchen. Plz guide me
venkat
12 February 2016 at 23:22
Hi Experts,
my wife has filed a false 498a against me in hyderabad and the case pending trail since 2013 and till date 26 trail adjournments, she is continuously absent and now trying to transfer the case to her home town by filing a trasfer petition in Supreme court. on every these adjournments the sho wps and APP have submitted to the court that the complainant is not residing in her address mentioned in her 498a complaint and is not reachable and refusing to take the summons on phone. the court ordered SHO WPS to submit the report which APP has opposed and filed a memo saying the complainant has filed for transfer petition 512 in supreme court and asked for an adjournment and succeeded and now the supreme court has issued a stay on the proceedings in transfer petition 513 filed by complainant and is pending on march for disposal.
APP knowingly filed the memo just based on a message sent by the complainant. there were many times the court has issued BWs to my wife but the SHO WPS has failed to execute them.
though i have forwarded a complaint about her disobedience to court, both SHO WPS and APP are acting in favour of my wife and trying their best to harass me with continuous adjournments.
I have been attending the court regularly. to day I have filed memo seeking the direction to SHO WPS for submitting the absence report of my wife and reasons for not executing the BWs isssued many times so far(5 times) which the APP has opposed and refused to direct the SHO WPS to submit the report.
my wife has filed the TR in supreme court based on false fabricated complaint which she filed at her home town as life threat complaint to police saying my freinds have threatened her and showing this false complaint as a cause to supreme court as reason to transfer under affidafit.
the same I brought to the notice to APP and magistrate and they asked me to go and fight in supreme court and they can not give any report while the stay is on.
kindly advise for this APP's favouring the complainant and asking continuous adjournments though the court said many times as last chance.
your advise is highly appreciated.
Regards,
Venkat.
SUBHASH CHANDRA JAISWAL
11 February 2016 at 12:03
Sir , my grand mother purchased rajistered property . she died in 1950 . my grand father also died in 1963. Both died intestate. He had one son ( my father) and three daughter .
1- who have right to inherit my grand mother's property.
2- To whom property will go .
JAYANTA KUMAR PAUL
10 February 2016 at 21:35
Sir, my elder sister having 5 years daughter is being harrased by her drunker husband since from 6 years. He is doing gov't job,have no mercy for both of them. Sister and her daughter presently staying in our home. Sometimes her husband came and meet her daughter in a drinking situation. We tried several times to maker him understood to quit all bad obsessed habits. But all try came out with no result. His health condition is deteriorating day by day due to day and night liquor intake.
Sir we are lower middle class family. Please guide us how to solve this problem and also what measures needs to be taken in order to safeguard my sister and her daughter's future.
mahesh
10 February 2016 at 20:11
Wife filled false 498a,420 cases. I want to give divorce on the grounds of cruelty. I can prove all false allegations. Will I get divorce? Do I need to give any alimony after divorce on grounds of cruelty
P Kumar Agrawal
10 February 2016 at 16:35
My marriage date was 16.04.15 after four month my wife left my home with her mom dad and near to my home given a information to police station that she is going with her own interest. And then after 4 days on 22.08.15 she given complain of dowry at her home town . Police arrangeed counselling on 07.09.15 but she refused to come with me I told that I want to take her back I love her ...then conseller advised me to file hma sec 9 I filed section 09 of hma on 22.09.15 then she also lodged fir under 498a.34 on 19.10.15 I and my all family got ab from lower court and chargesheet submitted on 22.1.16 she filed another case maintenance ....in the month of April she told me that she was I love with other and not interested with me she was also pregnant at April after two months later her parents abort and left to my home . My question is
1. Should I will be allotted maintenance or not as she has given statement to near police that she is going on her own interest?
2. Should I file hma sec 12 on ground of pregnant n no physical relationship.? Parallel with Sec 09
3 . is this case will be quashable at high court because no medical and no eyewitness?
4. How much time I will spend on this issue??
5.personal loan ,car loan ,insurance premium, house rent and medical bill be considered while considering maintenance amount ???
Anonymous
10 February 2016 at 15:50
I have done marriage from arya samaj mandir now i want to register it in court. Kindly guide me and whether it is necessary to register from my home district or it can be registered anywhere. I have been confused many lawyers telling different versions. Plz help
Thanx
susheel
09 February 2016 at 20:32
Sir, After 4 years of my marriage , I filled a divorce case (13 )charging bad character and cruel behavior with me since one years. She left my house and live another area in same city with a person as paying guest. I found this address after phonic conversation with her. A Notice sent her by court's person and delivered, date for coming after one month. Both were present , counseling karai gai by family court but not successful , next date after one month . But she was absent. Court gave another next date after one month. She was again absent . family court judge gave expartee divorce in favour of me. Than according to lawyer I sent xerex copy of divorce with acknowledge ment letter to her temporary address( where notice delivered) and her permanent address ( where her family lived). I got acknowledgement of delivering of post from post office. And I approached to high court for caveat also. Both are happy with their life but after 10 month of court order she will contact me again and wanted to live and demand 5 lakh rupee. Nahi to police se milkar jhoothe case me phasa degi. Next day I met my lawyer he advised to give a application with divorce copy to IG. against her. After interfair of police matter was closed. Than she approached to court with a lawyer wanted to sat aside decree . I received a notice she said ki Maine dhoke se decree li h, court aayi hi nahi uski jagah koi doosri ladies aayi hogi jabki time 10 months ho chuke h.
Q.1- is there any possibility for sat a side jabki she knows about it.
.Q.2- can I go high court directly for close the case as appealing period (90 days) has been time barred.
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Maintaince under section 24
Hello All,
i am a 40 yr old male, i was married 15 years ago. one year back i filed for divorce on the ground on mental cruelty. my file filed DV act, 125, 24, 26 and other cases. she got immediate maintenance of 35000 pm under DV act. later on she got increased maintenance 50,000 pm in 24 case. i have two kids, those are staying with mother. i run my business and earn around 1, 25, 000 pm. My mother recently expired and now me and my father are living together. My wife is not working.
My question is...
1) if i challenge order in high court what are the chances of getting success to cancel order of section 24 as maintenance in DV case was already granted
2) is it possible that instead of decreasing high court increase maintenance as my both kids living with my wife and i have only my father to look after,
3) how exactly maintenance decided, one of lawyer told me my income will be divided in two 5 parts and 3 parts she will keep and 2 parts i will. is it true. can high court issue such kind of order.