Namita Bakshi
21 September 2015 at 07:21
My divorce case has been going on since Jan 2011. July 2013 an order was passed directing the Respondent to pay maintenance for the child under my custody. Non payment is a standard feature with the respondent, RDs were filled earlier and strike off of defence due to non payment by my lawyer, however, the same were dismissed and he was asked to clear dues within 3 months. This order too hasn't been obeyed. What remedy is available to me now, kindly advise.
Namita Bakshi
21 September 2015 at 07:18
My divorce case has been going on since Jan 2011. July 2013 an order was passed directing the Respondent to pay maintenance for the child under my custody. Non payment is a standard feature with the respondent, RDs were filled earlier and strike off of defence due to non payment by my lawyer, however, the same were dismissed and he was asked to clear dues within 3 months. This order too hasn't been obeyed. What remedy is available to me now, kindly advise.
Shalini Sharma
21 September 2015 at 01:45
Dear all,
In 498 A bail court order to husband to deposit fd of 50,000 in wife's name for accepting the bail. Due to compromise between thm,Wife did not get it released nd is still submitted in d court. both d parties get into compromise nd got 498A quashed ny high court, but husband did not comply with conditions and v get 498A restored frm HC. Now can wife get that fdr released as she is need of money .
GM Khan
20 September 2015 at 16:10
1.I am a Muslim and was married to a muslim woman. I have given Talaq to my ex- wife . My Talaq is irrevocable and was given in october 2014. All the re conciliation efforts that were made before the divorce failed. The divorce was given in a written form through a letter. I have completed marital moral obligations towards her.
2. I am a serving army officer hence the woman in question has contested the divorce given by me in front of the army authorities.
3. The army has asked me to get a judicial decree regarding the same.
4. My plea is whether a man married under the Muslim/ Mohammedan law is required to get a judicial decree in order to prove the divorce?
5. To the Best of my knowledge its the woman who should approach the court for want of divorce.
indranil bhattacharjee
20 September 2015 at 14:20
along with other cases, wife filed 125 CrPC case also before APJ,Fam Crt, Lucknow in 2008, maintenance ordered for 2 children but no maintenance granted to her... after 2 years a compromise (temporary in nature) was executed between the parties on 26th July'10 in Fam Crt, Lucknow in the case of 13A, HMA, pending before PJ, Fam Crt according to which parties were supposed to live together....around May'11 situations again became unbearable for the husband so he filed an application before 125 crt, lucknow (as original PJ Court was vacant) informing the court that he is withdrawing himself from the compromise and prayed the court that it should decide maintenance amount for wife and pass suitable order for meeting children... court passed an INTERIM ORDER for certain amount with consent of the husband..the date of this order was 22nd July'11..on the next date the court was about to dismiss the petition annoyed by non-appearance of wife..an exemption was filed by her on that date immediately, which certainly become a proof that she got to know about the order of 22nd July'11. After that she never appeared in any proceeding of the case...on 3rd Sept'11 the wife, without informing anywhere in the courts at lucknow permanently left for ahmedabad, gujrat (her parental home). Her non-appearance in the case continued since the date after 22nd July'11... In May 2013 she filed a recovery case of 125(3) CrPC at FAMILY COURT,Ahmedabad for execution of the INTERIM MAINTENANCE ORDER passed by Family Court, Lucknow.. directly a warrant followed by a order for salary deduction was executed on the husband by Family Court, Ahmedabad...Husband filed a revision before Gujrat High Court... salary deduction order set asideand Fam Crt is supposed to hear the parties on merit and jurisdiction of the case
My Question is :
is the case U/s 125(3) CrPC maintainable at Ahmedabad anyway when the original case of 125 is at Lucknow (keeping in mind that order was an Interim Order) ?
VISHNUMURTHY CHADALAWADA
20 September 2015 at 14:05
Expert Advocates
sir,
I couldnot bring to your kind notice in detail my case previously, Section 41 A Cr PC issue.
1.Daughter in Law married my son on 15-04-2012 while she was working in Infosys (software).
2.then my son has been working in TCS (Software ),Chennai since 15/6/2008 and deputed to London for two years period in the year 6.2011. We told at the time of marriage settlement to brideparty about my son future employment and service in detail, he will be back to India in 2013.
3.DIL resigned her job and went to London to continue marital life in the year 7/2012 as housewife..
4.Happily spent in UK during marital life and toured in UK.
5.DIL Came to India with son to attend her brother’s function on one month leave in the year 4/2013.
6.After expire of leave again both left for London.
7.Immediately transferred to Chennai from London in the year 6/2013 due to availment of one month leave
8.Put up family in Chennai from 7/2013, her ambition was to spend her life in foreign but it couldn’t fulfill, stated harassment and non co operation .
9.Started dispute between them, her demand was to settle in USA but my son refused her proposal.
10.Left Chennai on 19/06/2014 and living separately with her parents and threatened many times through SMS to commit suicide. Then we (ME and Wife )were living in Hyderabad very near to my DIL parents house (walk able distance) by virtue of promotions we left Hyderabad to Warangal informed the facts . DIL Pattu sarees and other items were in her almarah, she never came to my residence to take back her clothes and items but his father along with two other persons went to Chennai while my son was there in the month of 9/2014 and collected all dress materials and certificates and other items even not giving any receipt threatening him. I suspect he might have taken locker key and playing tactics and demanding to open the locker.
11.Both side elders have done mediation to settle their dispute, but failed and finally they have decided to go for divorce. During the above process son decided that she won’t accompany to London. Went to London for one year.
12. DIL filed a false case against my son, me and wife on 4-5-2015 before Women Police station,Hyderabad U/S 498 A & 406 IPC stating that we have taken dowry, Jewelry(gold & silver), & household articles shifted to Warangal (Telangana ) from Chennai while husband leving for London. Further Dowry an amount 3 Laks and others 1.5 lakh and demanding more 3 Lakhs and harassing , punish in laws and husband and demanded maintenance .
13Police personnel are also sincerely done mediation to settle the above issue but DIL parents demanded 10.5 Lakhs for MCD and demanded at one time payment on or before 7/2015 concluded MOU by force threatened us took signatures on MOU. I did not pay any amount till date. I brought the above false incidents in detail and MOU to DIL notice by post through 4 Regd. Post letters , accepted two and not claimed two, copies submitted to the concerned Police authorities for information and denied that we have not taken any dowry and her jewelry (Gold & silver ). The jewelry was kept in a bankLocker by herself with husband jointly. The Locker was misplaced by her and lost due to negligence.
14.Both DIL & Son applied through letters to bank authorities to brake open locker in the moth of 6/2015 by son and DIL on 8/2015. Bank officials were ready to brake open the locker on 24/8/2015 in the presence of both side parents.
15.Due to cheating and bogus MOU issues noticed my son ,requested the concerned bank officials to stop brake open locker till settle the above 498 A & 406 IPC case and further settle the MCD issue through expert advocates , the bank officials stopped the brake open the locker.My son is having some Important documents and others in it.
16.DIL demanded FIR, the police registered the case and submitted before Hon’ble CMM court Hyderabad and directed me , wife and son to come for investigation to Police station (WPS) and issued notice U/S 41A Cr.PC on 31-08-2015 by regd Post we acknowledged the same on 4-9-2015 both attended before police on 6-9-2015 and 7-9-2015 separately and furnished a undertaking and informed about son, son has been living in London since 28/02/2015 before filing a case by DIL (DIL filed case on 4-5-2015.)
17.Dil party playing hide and seek game with us sometime they are ready for MCD and other side threatening .
The police have not arrested us and taken a undertaking that in future co operate for investigation. We both Govt.Employees ready to retire from service within one year.
My request is “ Is it necessary/required to seek/obtain bail to avoid arrest in future before Hon’ble CMM court Hyderabad in my and wife side and what about son ?” whether all can seek bail from Hon’ble Court ?- Local advocates are not giving proper advice some advice to go for bail and some not require (Junior advocates) . Previously I got valuable reply from experts in service matter and got benefitted for which I shall be highly thankful to expert advocates for ever.
Pl Reply, Awaiting valuable reply. Thanks
Vishnu Murthy. Ch
Chvm05@gmail.com
Member (Account Deleted)
20 September 2015 at 00:23
Respected sir/madam,
Video footage audio clip of any violence by wife, how much valid in the Court, i am a PSU bank mgr, getting this physical harassment several time without replying, one of my friend advice me to capture clips so i captured one of such incident fully, where she kick me atleast 5 times abusing me and my parents with unutterable slangs. I did two GD in local police station, one infront of her today, mentioning kick and slap she agreed in the gd she has also put a complaint against me, we gone there together.i have also visited local clinic and reported several minor injuries mentioning last gd number which was just done before. I stay in navi mumbai, originally from Kolkata. Having arranged marriage 2 yrs back. Pls advice me further, she doesn't even go to his parental home, nd her mother also using abusive language nd threatened me several times when ever i called her for the same in the past. Is there any solution over this legal terrorism.
gauvaskum
19 September 2015 at 21:34
I have a maintenance case @125 CrPc which is disposed ex-partiate based on the affidavit and witness of my wife, where she says she has not withdrawn money from the ATM of her account where i deposited money and also claiming that she is not working. Lately i found out that she has been working in a school during the pendency of the case. The judgement was given by the District Family Court. I tried to file a perjury application against the two facts mentioned above in a JMFC court. The matter is not being accepted as the JMFC Judge wants clarity on the jurisdiction of the complaint. Any citation where the JMFC court has accepted such complaint subsequent to Order is required urgently. Request for your cooperation, this shall save me from grave injustice.
Thanks & Regards
PS: you may contact me at gautamkum@yahoo.com
Kalpesh suryawanshi
19 September 2015 at 16:05
Hello all,
Party A and party B have gone throught a divorce deed on mutual conserned A being a female had filed the deed .present status is court has given a 6 months time duration but now A wants to cancell the deed and go for 498 .is it possible to do so and what if yes the which way to go.......thank you
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Arguments in family court
Hello experts
Pl guide. Man is paying maintenance allowance to his wife as per court order according to the salary whereas the lady is leaving in adultery with a child from another husband. Divorce case is pending in the court and after 2-3 days man has to face the advocate of opposite party in the court. Where the advocate will try to find out about the job and location of his job. Now the question is that can the man refuse to give any information about his job and its location or department name. Although the man has given correct information about the amount of his salary in the court. He want to hide this factor so that the wife can not disturb him in the office. PLEASE REPLY