Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sudhir   08 September 2015 at 21:42

Validity of mediation agreement

My mediation with my estranged wife is going on at Supreme Court Mediation Centre in 498a, DV, 125 cases. She is insisting on coming back but I doubt her intentions as simultaneously she is deposing against me in trial courts and may use this as an opportunity to file fresh cases. By coming back for few days, she will also negate the desertion period of divorce. Now, the mediator has suggested an agreement that we live together for a trial period of three months during which no party can file cases against each other and if things remain bad, then either party will be free to take a divorce and other party will not oppose. Will such an agreement legally valid and will Supreme Court accept it?

Sumit   08 September 2015 at 18:26

Validity of marriage under hindu marriage act

a man and woman marry and they have a daughter and son from previous marriage respectively. Can these two marry i.e. the son and daughter?

Vk   08 September 2015 at 11:58

Ways to Avoid residence order in domestic violance and 498a

Hello experts
Hello experts
query details
WIFE called police left matrimonial house stating that husband beaten or slapped her and miss behaviour with her parents so she is going her parents home with child. She want to action and mlc now. If needed would complaint to caw cell.
Few days later filed complaint in caw cell and few months later filed maintenance-crpc 125.
All r from delhi only
In her complaint she made false allgations like harassment for dowry abuse beating etc with no evidence and mlc.
After more than ayear she filed domestic violance case requiring order under sec 17 18 19 20 22 & 23
Hon MM without listening husband side ordered maintenance as husband is working in service with regular I T R and wife is house wife and child fees and all she writen.
Husband is afraid residence order as she is putting all efforts to harrase and extrot money with support of big criminal lawyer. Matrimonial house where she is also lived many years is on husband name through gift deed by mother few year back.
Query
1 ways to avoid residence order in domestic violance with estimated time in procedure and appeal procedure with reference to Delhi only (for e G should husband and mother cancell gift deed and house goes back on mother name or offer in rent but wife may insist for residence order only or or as suggested by experts This property was purchased by husband father.


2All precautionary measures to be taken


3 When to file divorce as already more than year living seperatly

4 When to file custody for child

5 As Hon judge has ordered maintenance and statement that not selling matrimonial house so instantly without giving time to file reply from husband now what is further procedure as it will give time to reply and arguments or directly pass residence order. What action needed from husband to avoid residence order
And early help needed query details
WIFE called police left matrimonial house stating that husband beaten or slapped her and miss behaviour with her parents so she is going her parents home with child. She want to action and mlc now. If needed would complaint to caw cell.
Few days later filed complaint in caw cell and few months later filed maintenance-crpc 125.
All r from delhi only
In her complaint she made false allgations like harassment for dowry abuse beating etc with no evidence and mlc.
After more than ayear she filed domestic violance case requiring order under sec 17 18 19 20 22 & 23
Hon MM without listening husband side ordered maintenance as husband is working in service with regular I T R and wife is house wife and child fees and all she writen.
Husband is afraid residence order as she is putting all efforts to harrase and extrot money with support of big criminal lawyer. Matrimonial house where she is also lived many years is on husband name through gift deed by mother few year back.
Query
1 ways to avoid residence order in domestic violance with estimated time in procedure and appeal procedure with reference to Delhi only (for e G should husband and mother cancell gift deed and house goes back on mother name or offer in rent but wife may insist for residence order only or or as suggested by experts This property was purchased by husband father.


2All precautionary measures to be taken


3 When to file divorce as already more than year living seperatly

4 When to file custody for child

5 As Hon judge has ordered maintenance and statement that not selling matrimonial house so instantly without giving time to file reply from husband now what is further procedure as it will give time to reply and arguments or directly pass residence order. What action needed from husband to avoid residence order
And early help needed in form of genuine advice protectecting husband interest

Vk   08 September 2015 at 11:56

Ways to Avoid residence order in domestic violance and 498a

Hello experts
Hello experts
query details
WIFE called police left matrimonial house stating that husband beaten or slapped her and miss behaviour with her parents so she is going her parents home with child. She want to action and mlc now. If needed would complaint to caw cell.
Few days later filed complaint in caw cell and few months later filed maintenance-crpc 125.
All r from delhi only
In her complaint she made false allgations like harassment for dowry abuse beating etc with no evidence and mlc.
After more than ayear she filed domestic violance case requiring order under sec 17 18 19 20 22 & 23
Hon MM without listening husband side ordered maintenance as husband is working in service with regular I T R and wife is house wife and child fees and all she writen.
Husband is afraid residence order as she is putting all efforts to harrase and extrot money with support of big criminal lawyer. Matrimonial house where she is also lived many years is on husband name through gift deed by mother few year back.
Query
1 ways to avoid residence order in domestic violance with estimated time in procedure and appeal procedure with reference to Delhi only (for e G should husband and mother cancell gift deed and house goes back on mother name or offer in rent but wife may insist for residence order only or or as suggested by experts This property was purchased by husband father.


2All precautionary measures to be taken


3 When to file divorce as already more than year living seperatly

4 When to file custody for child

5 As Hon judge has ordered maintenance and statement that not selling matrimonial house so instantly without giving time to file reply from husband now what is further procedure as it will give time to reply and arguments or directly pass residence order. What action needed from husband to avoid residence order
And early help needed query details
WIFE called police left matrimonial house stating that husband beaten or slapped her and miss behaviour with her parents so she is going her parents home with child. She want to action and mlc now. If needed would complaint to caw cell.
Few days later filed complaint in caw cell and few months later filed maintenance-crpc 125.
All r from delhi only
In her complaint she made false allgations like harassment for dowry abuse beating etc with no evidence and mlc.
After more than ayear she filed domestic violance case requiring order under sec 17 18 19 20 22 & 23
Hon MM without listening husband side ordered maintenance as husband is working in service with regular I T R and wife is house wife and child fees and all she writen.
Husband is afraid residence order as she is putting all efforts to harrase and extrot money with support of big criminal lawyer. Matrimonial house where she is also lived many years is on husband name through gift deed by mother few year back.
Query
1 ways to avoid residence order in domestic violance with estimated time in procedure and appeal procedure with reference to Delhi only (for e G should husband and mother cancell gift deed and house goes back on mother name or offer in rent but wife may insist for residence order only or or as suggested by experts This property was purchased by husband father.


2All precautionary measures to be taken


3 When to file divorce as already more than year living seperatly

4 When to file custody for child

5 As Hon judge has ordered maintenance and statement that not selling matrimonial house so instantly without giving time to file reply from husband now what is further procedure as it will give time to reply and arguments or directly pass residence order. What action needed from husband to avoid residence order
And early help n

Vk   08 September 2015 at 11:18

Divorce needed

Please help in fighting false domestic violance case wife filed domestic violance case and requesting residence order as matrimonial house is on husband name. Wife already filed caw cell complaint and maintenance-crpc.

puja gupta   08 September 2015 at 09:48

Registeres case in 498

I have registered fir for 498 case against my husband. I have prove that they have taken money from my father. I have given the same to police. Police is saying that the boy say that money is given for marriage expense. My husband also stole jewellery when i was living with him, He told to police that in was not in jaipur in that day. I have asked police to verify it phone record. But they are not doing it. Just asking to me to end thing mutually. I ask lawyer but he is saying that let case come in court we will fight it over there. What should i do.

CHARAN SINGH   08 September 2015 at 09:15

Medical checkup of the wife

I have a case of judicial separation running in the court. I and my wife have been living separately since 12 years. Also, my wife has had sexual relationships with other men. That's why in the cross examination with my wife, when I asked her for her medical check-up to prove this, she refused. Now, can I file an application in the court for medical check-up of my wife regarding this?

Giridhar   08 September 2015 at 01:53

Legal right

We are two brother and 4 sisters. My father made a registered WILL in 2003 in name of his real sons i.e. my brother and I. The WILL divided the property in two equal share, thereafter my father died in 2005 but we made a partition deed based on the original registered WILL my father left. This deed was registered as well. My mother is still live and living with us. One of the four sister has sent a legal notice to us asking for a share in the property. What legal right we would have to deny her legal notice considering the fact that the registered WILL was left by our father and we also have registered partition deed.

B Guru Murthy   07 September 2015 at 22:09

Waht is the position of the case

Dear Members,

The Queriest is A1 in 498a.

A2 filed a Quash petition in the High Court. In result, interim stay granted. This was in 2011

The Advocate who pleaded our case become JUDGE. And this was in 2012.

We came to know this & we went to Advocate Office and we met his Father who is also Sr Advocate. He informed that 2010 cases are going on and said to wait till 2013.

Mean while Father of the JUDGE (then Advocate) expired, after few days we went to the ADVOCATE OFFICE. We came to know that all the cases of the JUDGE (then ADVOCATE) were taken care by his Son & his nephew. Both of them are advocates.
When we discussed about our case status they said to wait till 2014 till it gets listed.

We were following through phone once in quarter regularly in the year 2014, WELCOME 2015, 2014 also passed no response from them.

After that in JAN'2015 we went personally to know the status of the case. They said that our case was listed in DEC'2014. They did not even inform us about the same until we met & asked about the same. When we asked the same they simply said that that they tried to call us and said that we did not respond.

I did not know what to do and came back, after they said that we have to wait for some more time. Till no call from them???.

I'm running every month up & down to lower court only for attendance since 5 years, because QUASH petition is in STAY

Queries:
1. When will it get listed again, it is already 4 ½ years.
2. Many cases after 2012 are getting cleared. What about my case
3. Why advocate did not attend the case respond and did not inform us
4. A separate vakaltha is needed again for him, if so, whey did not he till date
5. Is there any problem from the ADVOCATE side.


Please enlighten me what to do in this regard.