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Radheshyam Pareek   14 September 2015 at 21:23

Divorce

Sir I have applied for divorce before family court a year back, but it is still in process in my last hearing i was asked to produce evidence on my next hearing on 22/11/2015. i am totally fed up of all this legal issues and want to get the procedure wrapped up soon. my question are as

1. what are the steps taken by court from evidence call and then after? how many hearing may it take for final decree?
2. My ex-wife had filed false 498A case against me and my family in december 2014, which get dropped by the high court. I read an article that a false 498A case is sufficient ground for getting decree of divorce. can i fight on this ground.
3. what if i marry to another girl who knows every facts about me.

Vedanta shah   14 September 2015 at 20:30

Regarding child custody case

Hi

I have filled child custody case and after 2 years i got access to meet my child.the access is given by court to pick the child from my x wife apartment . However , for some time the child came with me and was very much interested and bonding was maintained now the child has stopped coming to me as the child is threatened by my xwife to get the good alimony for child. my case is still going on in court and i am normal service class person but demand of my wife is 1.5cror which court also didnt accepted and asked to continue the case.

I have placed the application in court that she is not allowing me to meet child but court is not accepting any videos where child has been shown threat.

I want to know if there is any separate law to file for child threat in criminal court against my xwife. as the civil procedure are not helping and not allowing to submit the valid media proof's.

I heard about the crpc 94/95/96 but not sure if that works.

any guidance is much appreciable and thanks in advance



Regards

logeshwari   14 September 2015 at 19:18

Husband divorce

I got married last year 2014Jul. Its an arrange marriage. I married him by sayin my past life tat I have love failure. For tat he asked whtr u have sex contact I said no. He promised me and married tat he Wil not questions my past life. Due to fight with his mom since she scolded me in vulgar words I came out from my husband home on April 2015. Til now am in my parents home. Only my husband know bat my past life. Since mother in law fighting with me I called my husband to go separately but he didn't come. So from April 2015 to till sep 2015 am with my parents. In tis day my husband call back me to his home but an scared of his mom an his brother who scolds in vulgar words. So am not going back instead of tat calling my husband for going separate family.
Once I committed suicide due to fight with my husband but he saved me. Aft tat he asked Mr me to write in paper tat Wat Al fault I made and for tat am only reason and his family members and he is not responsible.
Since I didn't go back whenever he calling me. He had doubt on my char. Sterday he came to my home an showed d proof of my past life chatting with my frdz. I agreed tat I had chat with my boy frdz. But he is saying tat I had sex contact with them all. He knows my email password and without my knowledge he took d chat list from my mail which I had. Now he is saying tat u made mistake in past life. So Stil u have tat contact so only u left me so am having doubt tat Stil u have contact with them aft marriage also. He told me tat he had spend 70thousands money once I came out from his home to track me an my char thru detective agency. He is saying I Wil forgive u but accept tat u had sex affairs with them and ask sorry I Wil take u back aft tat I Wil never question u. I asked sorry he said he Wil take back me home. Since my father didn't ask sorry from my husband he felt me and went to his home. Now he is threatening me and scolding me to come back and join with me. He was ex rowdy bfr marriage. He is very aggressive man. Am afraid to go back. Wat shld I do now plz plz help me....

Anonymous   14 September 2015 at 19:13

Husband divorce

I got married last year 2014Jul. Its an arrange marriage. I married him by sayin my past life tat I have love failure. For tat he asked whtr u have sex contact I said no. He promised me and married tat he Wil not questions my past life. Due to fight with his mom since she scolded me in vulgar words I came out from my husband home on April 2015. Til now am in my parents home. Only my husband know bat my past life. Since mother in law fighting with me I called my husband to go separately but he didn't come. So from April 2015 to till sep 2015 am with my parents. In tis day my husband call back me to his home but an scared of his mom an his brother who scolds in vulgar words. So am not going back instead of tat calling my husband for going separate family.
Once I committed suicide due to fight with my husband but he saved me. Aft tat he asked Mr me to write in paper tat Wat Al fault I made and for tat am only reason and his family members and he is not responsible.
Since I didn't go back whenever he calling me. He had doubt on my char. Sterday he came to my home an showed d proof of my past life chatting with my frdz. I agreed tat I had chat with my boy frdz. But he is saying tat I had sex contact with them all. He knows my email password and without my knowledge he took d chat list from my mail which I had. Now he is saying tat u made mistake in past life. So Stil u have tat contact so only u left me so am having doubt tat Stil u have contact with them aft marriage also. He told me tat he had spend 70thousands money once I came out from his home to track me an my char thru detective agency. He is saying I Wil forgive u but accept tat u had sex affairs with them and ask sorry I Wil take u back aft tat I Wil never question u. I asked sorry he said he Wil take back me home. Since my father didn't ask sorry from my husband he felt me and went to his home. Now he is threatening me and scolding me to come back and join with me. He was ex rowdy bfr marriage. He is very aggressive man. Am afraid to go back. Wat shld I do now plz plz help me....

Sudhakar   14 September 2015 at 16:21

Loss of 5 years time frame.. how to cost the value of my time...

Respected Experts,

I have file against my wife to declare marriage as null and void u/s 12(1)(a) of Hindu Marriage Act 1955 in 2011.

My wife filed Counter to my petition as to dismiss my above petition in 2012.

At the Same time in same year, she filed for maintenance u/s 125 Cr.p.c.

For the same above I have filed the counter for divorce petition.

Firstly her Divorce petition got dismissed by court because of her non appearence to court.

Secondly when I filed Evidence Affidavit and sat for cross as petitioner evidence affidavit one, and as soon as I have given Oath, the opposition lawyer has submitted memo to the judge, that to declare marriage as null and void as per petitioner. So judge declared that marriage was null and void.

Now my question is after several investigation and confirmations, I have interpreted in evidence affidavit that respondent(wife) has said during first night thay she accepted for the marriage by the force of her mother because they will get their father accidental insurance money after submission of marriage wedding card in MVOP 1690/1999, which is an accidental insurance. Soon away within 15days she left the matrimonial life.

Basing on this please suggest me can I file criminal case in lower court or using lower family court orders in high court on grounds such are that my 5 years of life has been spoiled because of their money issues. Now how to cost my life.

Awaiting for your favourable replies.

vaibhav   14 September 2015 at 16:14

Divorce

Respected Sir,

Facts of case.
1.Married in 2006 as per HMA
2.lived in joint family till 2013 and then as nuclear
3.both are doctors by profession
4.wife was not interested in marriage as she was career oriented and used to go to her parents house which is round 500 km every 2 months and stay there for 4 to 5 months.
5.this lead to fights between us.
6.by 2007 my sister got married to other community man .
7.with this my wife started harassing me and my family saying we had not disclosed this fact to her ( we our self were not aware of this)
8.things used to get worse whenever my sister used to visit our home to meet my parents.
9.wife aborted 2 times without my consent first when she was at her fathers place and 2nd when her father was operated near our home .
10.in 2009 we had our 1st daughter.we enrolled my wife's name in our town and her mother came up for her delivery at our place .( her parents has un-necessary involvement in our life)
11.her mother started fighting for no cause .and threatened us to file 489a against us . took my wife and flewed back to their village along with my daughter.
12.mean while their daughter in-law committed suicide and my wife and her parents were accused under 498a,306,34 etc.
13.none of my family members nor me visited them as they had threatened us before
14. their case lasted for 3 years and they were not convicted.
15.In 2010 i got her back due to intervention of a middle person of both families
16.we had our 2nd daughter in 2011.
17.but things were same as before .she started fighting ,giving bad word to me and my family and one fine day she even slapped me which in reaction i did the same
18.parents told us to move out of house as the same is self acquired property
19. we moved to a rented flat which is nearby my parents home as our work place is also in the same area( my parents never talked to her or visited our house once we left their house )
20.even after shifting no use ,instead her intensity to fight and disturb my mental peace increased
21.she started threatening me that she will commit suicide and will write mime and my family members name
22.having crossed my threshold i stopped talking to her in month of april 2015 and stayed together just for sake of daughters
23.in august 2015 her parents came at our house and started living with us.
24.with discussion with them her father told me to leave the house and go and stay back with my parents and they will stay with their daughter and will take my daughters care.
25. i strongly objected this. in return my father-in law threatened to file police complaint against me
26. left with no choice i had to leave the house and come back to my parents till i find a new accommodation.

query

1. can they file DVA against me
2. am i liable for maintenance ( interim/permanent ) as my wife is highly educated and earns same as me
3.can i get benefit of the case filed against them as to keep the custody of my daughters
4.can i file divorce pet on points given below.

points to note---

1. have video recording of the discussion between her parents ,her and myself
2. some documents in her own writing from 2006 stating she was not interested in marriage and not happy with same
3 same also contains her giving bad words to me and my family in writing
4. some voice recordings of her saying threat hing she will abort the child

VISHNUMURTHY CHADALAWADA   14 September 2015 at 15:48

Notice received from police u/s 41 a case filed by daugher in law u/s 498a & 406 ipc

Sir, Case filed by my daughter in law
U/S 498A and 406. the concerned police has issued notice U/s 41A Cr.p.c
:where such a notice is issued to any person,it shall be the duty of that person to comply with the terms of the notice:

we (My self and wife ) complied, we attended before police on 06-09-2015 & 07-09-2015 within three days time.notice dtd.31-08-2015 received by Regd.Post on 04-09-2015, but my son has been living in london since 23/2/2015 before filing case by my daughter in law. We appeared before the police and furnished a under taking as required by the police on 06-09-2015 and 07-09-2015. what is next course of action by the police or court. Applied cerified copies of complaint and FIR. Pl guide me on the above issue- Vishnumurthy

Rajeswariii   14 September 2015 at 13:46

Divorce

Sir, I am the wife of Reserve Sub Inspector of Police in Andhra Pradesh. We have 2 kids. We were married for 8 yrs. The present issue is he is in relation with another woman, who is a doctor and he is not caring for our family.

I request you to kindly advise me what to do? I request your suggestions as I am an ordinary housewife. I have married him by paying around Rs 1 Crore in the form of dowry.

Sunny   14 September 2015 at 11:50

Is that marriage legal?

My gf was forced to marry with a guy without her consent by her parents. Her parents took her signature on marriage papers and filed them in court. But from that day that guy is not living with her. The guy lives in USA and the girl lives in India. It's been over a year that they are married according to court but they have not met and not living together. Is this marriage a legal one? Now she wants to get married to me and even I want to get married to her. If that forceful marriage is legal then what steps should I take to get married to her? She belongs to Muslim community and I belong to Buddhist community.

Vijay Salaskar   14 September 2015 at 10:53

Money gift deed

My father has sold his flat and given me 50 lac rupees in cash and cheque. I prepared the gift deed for that and taken his sign in front of two witnesses. Gift deed format is given below.

GIFT DEED

KNOW ALL MEN BY THESE PRESENTS that I, _____________ S/o Sh.___________ r/o ____________________, transfers voluntarily, CASH OF value of which is Rs.50,00,000 (Rupees 50 lac only) to my SON SRI.____________ S/o of Sh._________________ (hereinafter referred to as "the donee") To Hold the same to the donee absolutely forever. I further declare that the said gift has been made by me out of my natural love and affection for the donee and the same has been accepted by the donee.

IN WITNESS WHEREOF, I have executed this deed this ________ day of __________.


I purchased the 2 bhk flat using his as well as my money. Now my father is staying with me in the same flat. I spend around 5 lac rupees on his medicine and hospitalization. But now after 3 years he wants his money back and wanted to stay seperate.
In this case, how much money should i give him back.
Should i give him 50 lac?
or should i give him 50 lac minus 5 lac spend on his medicine and hospitalization?
or should i give him 50 lac plus interest?

Please advice.