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Kunwar   01 September 2015 at 20:34

Dv act and fake 498a

Respected Experts,
I belongs to Gorakhpur district in Uttar Pradesh and working in PSU & posted in Maharashtra, and my wife is working in state govt. and posted in the hometown (gorakhpur) due to some issues between us our matter reached to the district court in which firstly i have filed RCR and in return of that initially my wife filed DV against me and my family members in last year, now after 1 year she has registered FIR under sec 323,406,504,506,498A, Dowry act 3 & 4, but she has not any evidence to prove all that becoz all allegations are fake.
Now as i have written that case is pending even after mediation in DV act, and also mediation happens when i got notice of FIR but no fruitful results came. The mediators have returned the file to the court in DV act and to police
in FIR matters.
My questions are...
1- What will happen next against this FIR??
2- What remedies and option available to me to save me and my family members because all the named members are govt. servant and posted far to the city.
3- Though she doesn't have any evidence and i have all the evidence like bank statement, call recording etc to prove that she is wrong, so what and how i can do any thing against her.
Thanks in advance for all the valuable solution.

Anmol Jain   01 September 2015 at 18:29

Regarding annulment

Sir,

As u said that your marriage was done in 2012, that too forcefully, with coercion and pressure, of the other party committing suicide or hurting your parents, firstly, it proves that you didn't had your consent at the time of marriage - you were forcefully married with a girl, you didn't consent to marry, which states that NO CONSENT OR MARRIAGE IS A VALID GROUND FOR ANNULMENT OF MARRIAGE, but this remains a ground only in case you have not consummated your marriage, which as stated by you, is not been done as you haven't been living together - So No consent and no consummation of marriage has been done, you are living separately with no intention to validate this marriage - Therefore, I suggest you to file for annulment of marriage, as marriage is at present not validated and legalized in any form - u/s 12(1)(c) - but the decision would differ on the basis that you haven't filed for this cause, immediately after your marriage took place, it would have been much easy to prove and convince the court then, as it's been 3 years for your so called marriage to suffice. than if you fail in this, which if proved and put forward well - is of slight chance, then you may file for Divorce on ground of 'has deserted the petitioner for a continuous period of not less than 2 yrs. immediately preceding the presentation of the petitioner - u/s 13 of HMA, 1955.

Anonymous   01 September 2015 at 17:00

revision petition/appeal aganist mc cases awarded by JFCM

Dear experts can we file an appeal /revision along with stay petition aganist order passed by JFCM to pay monthly maintainance .

Ramesh Chandrasekaran   01 September 2015 at 16:44

My wife filling false 498a & 506(ii) case

Dear Experts

My wife filling false 498A & 506(II) case for the past 2013.Now i came to know the case because i dint know the FIR Details.The Police people did not ask any enquiry i filled the AB the i face the court herring.
Now i found my wife was illegal affair for her Ex lover so i heard the message her one of the relative.then i placed the intelligence report.the report told she was running family last 24 month as living together basis.so in position how to handle the case

Suri Kam singh   01 September 2015 at 16:40

Mutual divorce

My son is working in good company in a lucrative position in US, He is married since last 7 years,
His wife is working in MNC in Mumbai also in lucrative position,
Now both are well setteled and do not wish to leave their respective jobs, While Husband does not want to shift to India and wife Vice Versa.
Now wife who stays with us, is thinking of Mutual separation but my son does not have time to come down to India to file papers.
Can his part of papers be submitted in US in any Indian Govt.Office while his wife does the needful in Mumbai,
Pls do explain how to go about without calling Husband back to India.
Regards

PRASAD CHAVHAN   01 September 2015 at 15:13

Child custody

MY WIFE AND ME LEAVING SEPARATELY FROM 4 YEARS, WE HAVE TWO DAUGHTERS ONE IS 7 YRS, AND OTHER IS 12 YRS. ELDER DAUGHTER IS LEAVING WITH ME AND A SMALL DAUGHTER IS LEAVING WITH MY WIFE. SHE IS TAKING MAINTENANCE 2000 FOR HER AND 2000 FOR DAUGHTER. BUT I WANT MY OTHER DAUGHTERS CUSTODY WHO IS LEAVING WITH HER. IS THIS POSSIBLE OR NOT.

sudhir   01 September 2015 at 13:50

Meaning of date of application

Which date is considered as the "Date of application" when maintenance is awarded in 125 case? Is it the date of filing the petition in the registry or the date of admission or date of first hearing after notice or the date when issues were framed?

Venkatesh   01 September 2015 at 11:10

Husband forced wife to stay with him

Dear All,

If a husband force his wife to bring home back from her maternal home. What kind of actions can be taken by his wife and in-laws?

m.manikantarao   01 September 2015 at 10:00

divorce

Petitioner husband granted divorce by family court considering exparte decree against wife. Whether the wife has right to file appeal in high court without filing set-aside petition in family court.

Shikha Baliyan   01 September 2015 at 08:57

Law that helps to cut relations from parents

I am 25 years old girl,a post graduate (M.Tech) and working as an Assistant professor in a reputed engineering college.Now a days i am very depressed because my parents want me to get married. Although i am ready for marriage because i am in a relationship with a guy from last 5 years and loves him too much. He is well established and working in Income tax department and he also wants to marry me. His parents are ready for our marriage but my parents are not getting ready for intercaste marriage.I am trying to convince them from last 18 months but they are stick to their decision and are not getting ready.They even don't allow me to continue with my job and wants me to leave my job and get married .I am really trying very hard to continue my job and therefore i am getting very disturbed. Sometimes i even think to commit suicide. I am very depressed and now i want to cut off all the relations with my parents because they are forcefully trying for me to get married. So i just want to know what i should do to cut off the realations with them and does it will create some problems for me in my professional life? Please provide me a solution as soon as possible because i am passing through the worst phase of my life and really want to come out of it........