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Anonymous   05 February 2024 at 02:24

Counter case & defamation against false 498a

My wife was filed a 498A case against me on year 2015. All accused are aquitted on year 2017. I was in jail for a month. Divorce is already granted in my favour.
My friend advised me to file counter cases u/s 191 IPC, 193 IPC, etc and also defamation against her. I didn't file those cases due to lack of legal knowledge.
Is there any time limit to file those cases ?
Can the time limit will start after my legal awareness about counter case ?
Please guide.

Anonymous   05 February 2024 at 01:05

How to null n void second marriage

I got marry in temple in 1998 .at that time that man was already married. I have 2 kids from him .he always ensure me that he take divorce from his 1st wife but now we have separate and I had his name in my passport. Now I aant to nullify his name as a spouse from my all docs including passport. What is the legal path .kindly suggest

Sathya Shanmugavlu   30 January 2024 at 20:28

Multiplicity of execution on same order maintainable?

Dear Experts,

As I defaulted on my wife's interim maintenance order (on her divorce), last year they filed an EP to attach my property that was transferred to neighboring district court for execution.

Now they are filing another EP for civil arrest.

Is this EP maintainable, can the order holder apply for multiple EP in same order.

Please advise.

Suraj Kumar   28 January 2024 at 23:00

125(4)crpc

Respected Sir,
My wife was filed 125 CRPC against me on year 2013- which was dismissed on default.

Then she file restoration application for above case- the court dismissed such application.

Again on year 2019, she again file 125 CRPC, where interim maintenance is allowed by court.

During cross examination of divorce case filed by me, she stated that "I will not reside with parent of my husband". The statement is duly recorded by court.

During pendency of 125 CRPC, can I file application u/s 125(4) CRPC refering judgement passes by Jharkhand High Court in Criminal Rivision number 172 of 2022 which was passed a week back ?

Anonymous   28 January 2024 at 18:22

Divorce granted exparte for me in 2013.

Sir,

I have a small doubt. Kindly clear my doubt.

1. I have applied for Divorce in 2011.

2. The lady did not appear for more than 10 hearings.

3. I have been granted Divorce exparte in 2013.

4. Again she has filed a case in family court after a lapsation period of 4 Yrs I.e in 2017.

5. Now I have been asked to appear in the family court in February 2nd 2024.

6. Does she have a chance to file a case to get Jeevanamsam.

7. Somebody has misguided that remarriage should not be done now.

8. She works in a private school gets Rs.20,000/-.

9. If she tries to get jeevanamsam, what will be remedy for me.

10. She left me in 2009 which has been clearly mentioned in my divorce affidavit.

11. She disturbs me often by filing petitions in the court by compelling me to join with me. I am not interested to join with her.

Sai   25 January 2024 at 19:24

Cancellation of marriage from groom after engagement

Groom went and seen the girl at that time she was wearing saree groom assumed that she was height enough to marrie . The before day of engagement they went to shoping and he finally found that she is too small when compared to his height . Then he called to his brother said the thing they balckmailed him and sai we all committe to sucide if you not attend the engagement.groom attend the engagement he can’t convince himself he is in deep depression he dont want marrie her . What is the solution

anonymous   24 January 2024 at 20:51

Alimony or maintenance amount in dispute marriage

Scenario:

This is second marriage of both husband and wife. She has 8 years old son from her previous marriage and have received Rs. 10 laks Lum sum amount from ex husband as permanent alimony.

Current husband was not aware about her intention to earn money only and their marriage got disturbed. Wife is also involved with third man over WhatsApp calls so that call details cannot be taken from telecom.

Current husband is in private job with pay Rs. 110000.00 after tax. She has demanded Rs.80000.00 PM in Sec 24 or 125. Court proceeding is in progress.

Wife is having FDs of about Rs. 25 lakhs in the bank about. This includes her alimony amount received from last marriage. Also she is earning salary of Rs. 25000.00 PM

Current husband has some personal loan liability whose EMI is 30000.00 PM, sec 125 to parents = Rs. 8000 PM, Rent of Rs. 15000.00 PM

Question: Since wife has already taken life time alimony amount from her last marriage, again she can get maintenance u/s 125 from second husband for herself and minor son?

Question : Wife is already earning salary of Rs. 25000.00 P/M which is appx 25% of husband pay. Again she is liable to get maintenance?

Question: If yes then how much she can get by considering EMI, rent and sec 125 to parents by husband?

Thanks in advance.

anonymous   24 January 2024 at 10:42

Rights of wife on matrimonial house with disputes.

Scenario.

This is second marriage of couple. Wife had brought 7 years old son.

Wife and husband are fighting to each other a lot as she is not serving to mother-in-law. Due to many fights even in the front of police, FIR was registered U/s 751 and both were sent to jail. After 3 days in jail, couple got bail from mother of husband with a promise that they will not fight again. But it did not happen. Fights kept on going. As a result, mother of husband disowned/bedekhal son and his wife and asked them to vacant the house. They were living in the matrimonial house forcefully. In return wife has beaten mother and has some CCTV footage available. But police has not done anything in this matter.

Mother left her own house and started living in separate house. Mother went to court for vacating the house as she is the owner of the house and DV case against wife and 125 case against his son. After three months later when couple fought again, husband also left the house and filed divorce petition on the ground of cruelty. In return, wife also filed a court case against mother and husband for banning them not to come at matrimonial house. In fact, mother is sole owner of the house.

After 12 months, couple decided to reunion and he withdrawn his divorce petition. U-turn by wife, she refused to go along with husband separately and dont want to leave matrimonial house and she file 125 against husband and remined that husband is banned to come at house.

Court cases by mother:
1. For vacating the house against son and daughter in law
2. 125 against son
3. Domestic Violence against daughter in law.

Court case by husband:
1. Had Divorce petition which has been withdrawn after 12 months.

Court cases by wife:
1. Permanent Injunction of matrimonial house, banning mother and son to come at house. Mother is sole owner of this property.
2. 125 against husband.


Question: What is the legal right of wife on matrimonial house in this scenario. Mother-in-law is sole owner of the house. Is there any possibility that mother will get her house back?

Thanks in advance.

Ashok   09 January 2024 at 18:22

Regarding my friend chirsten divorce case

hi friends,

one of my friend who live in bangalore, who wanted to get divorce from her marriage life.

she is catholic chirsten marriage happend in kerala , she and her husband stays in bangalore.

what is steps she has to follow?

is she needed one year seperation before filing Mutual divorce suit?

OR

she can marry in bangalore / Mumbai with new boy and register there if she is getting.

please help in this situation.

thanks,
Ashok

Sathya Shanmugavlu   28 December 2023 at 12:43

Strange situation : rcr and divorce in final stages

Dear Experts,

I have a strange situation.

Both my wife's divorce case and my RCR case are running parallely in same court same bundle, Vth Addln Family Court, Chennai.

My RCR is in Cross Examination stage after evidence marked.
My Wife Divorce in Evidence stage, so far they did not provide evidence and dragging the case.

Judge set last chance for PW1 cross Examination on my RCR.

If my RCR is ordered on merits, will her Divorce petition gets automatically dismissed or will it still run till she provides evidence (even if that take years to conclude)

I just want to end these cases soon and not give them chance to drag the cases.

Please advice 🙏

Thanks,
Sathya