Anonymous
12 December 2020 at 18:41
Hello Everyone,
My wife walked out on me in the month of Jan'2020. Me and my family tried to pursue her to come back but she is not willing to come and want to get divorced now. I have also agreed to go for mutual consent divorce now.
So, we discussed for the settlement already. Under which, we have only concern of under construction flat on our name. I agreed to transfer the ownership of the flat while she will give us the amount of difference in terms of Cheque. In regard with which, I have below queries:
1. To process the gift deed, she is asking me to give declaration in written that I don't have any interest in house and want to gift her without any consideration. I want to ask that if I should take the difference amount cheque first and give the declaration letter or it is fine to proceed as it is.
2. We opted for joint home loan, so do I need to remove my liability in consultation with Bank first before going for gift deed.
She is continuously following up with me saying there will be increase in stamp duty from Jan and she doesn't want to go for it. So, I need to understand above queries before I can proceed further.
Thank you in advance for your help.
Anonymous
11 December 2020 at 09:40
Respected experts,
I have given evidence of cruelty,abuse in my dv case filed but unable to give the same evidence again in husbands divorce case due to job transfer.The WS of divorce is replica of my dv plaint.Dv filed before husband divorce.No counter claim, alimony asked in divorce .
Do i need to prove cruelty in both dv and husband divorce case ?
As I have not given evidence in divorce does my WS stand false ?
Thank u in advance
Anonymous
04 December 2020 at 17:54
My wife and I are govt employees and residents of Rajasthan. She left our 3-month-old son in March 2017 and then filed a 498A case in October 2017 and Sec -13 (divorce under cruelty) in 2018.
In her cross-examination of 498-A, she accepted that she had denied to take back (accept) her son in front of the Police and she never asked for her son in the family committee. She has also denied taking back her son in front of 498A Judge in 2019.
As she is also working, I had filed maintenance of our son through sec 125 in 2018 and the Order of interim maintenance of Rs. 7000, which was passed in Feb 2019.
In October 2019, I also filed a case of recovery of maintenance for my son from her. Now In Feb 2020 she has applied for custody of her son under Section 7, 10, 25 just to avoid maintenance and pressure me and my family.
(1) Can the court still grant her custody of our son in the above circumstances, please advise?
Anonymous
29 November 2020 at 22:29
Sir i got married on feb 12 2020,we stayed for max 35 days until 15th june 2020,we had some little fights over silly issues raised by her,after june 15 2020,she has not returned to me until now,she has alleged severe false allegations on me and my parents,has alleged that i m impotent,even used abusive languages through her brother,has doubted me over other relations,we had verbal fights over these issues,now she has not communicated with me for 3 months now,she is even alleging that she will file false 498A and DV case against all my family members,she has also told me to stay in their house leaving my old aged parents behind
What should i do now,my lawyer says to go for RCR first as 1 year is not over and moreover we can be saved from large alimony amount,but i want divorce,
So what should i do now?we both are govt job holders and she is earning equal
Jalaj
28 November 2020 at 12:50
My wife failed a maintenance case U/s CrPC 125 in July 2016 in which JM ordered a interim maintenance of Rs. 15000 per month for both my wife and child. I was paying the interim maintenance regularly as per order. Unfortunately my wife was not appearing to give her evidence as soon as the interim maintenance order was passed. She dragged the CrPC 125 without giving evidence till 2018. Even she did not appear after showcause by JM and therefore the case was dismissed on default on 30.04.2018. Thereafter my wife approached the same JM court for revival of the case, but was rejected. Hence she appeared high court U/s 401 read with 482 for the revival of the CrPC 125 case. But the Hon'ble HC observed that "The application under section 125 of the Code of Criminal Procedure stands revived to its file and number" due to the reason that the case was dismissed NOT ON MERIT. Now my wife has filed a maintenance execution petition U/s CrPC 125(3) to claim Rs. 3,50,000 from the original date of dismissal (30.04.2018) till today. Under the above circumstances, I have following queries:
(1) The case stands revived to its file and number - Does it mean that she is entitled to claim interim maintenance from the original date of dismissal 30.04.2018 OR from the order date of high court 12.12.2019??
(2) Is there any chance that I may get any relief if I go for review of the high court order in High court or supreme court so that this arrear of interim maintenance can be waived off??
(3) The date of high court order is 12.12.2019. Can I go for review or challenge it in appellate court now? Is there any time limitation? It was a CRR case.
(4) I filed a Perjury application in the original CrPC 125 case because my wife filed the maintenance case hiding the fact that I was sending her Rs. 15000 to her bank account online every month even without any court order. But JM passed interim maintenance order without considering the perjury application. Is it justifiable legally?
(5) Generally what may the final maintenance amount, as my interim order is Rs. 15000? When the interim hearing was done 2 years ago, my salary was Rs. 70000, now after 2 years my salary is Rs. 1 lakh per month.
Kindly give your valuable feedback to my queries separately serial wise for my better understanding and correlation.
suneetha Jain
26 November 2020 at 11:12
Sir, I am aged 40 and my Husband aged 45. We have no children. Can I adopt our relative's son aged 28 now.
Anonymous
22 November 2020 at 15:17
we filed for mutual divorce before 1 year of marriage and case was postponed 8 times with online status “To comply office objection”. Is this comment because of improper paperwork or because we filed before a year? I know it wont be considered if we file before a year, but we filed anyway for record purpose of our consent. Now its 20 months of separation, we withdrew first filing and a new one has been filed. Now again I see the same comment. Is there a way I can know what paperwork is missing if this is due improper paperwork. please guide me, am clueless as what is happening. Thanks.
jaanu2317!@#
21 November 2020 at 20:45
Sir, my husband has filed a divorce OP and later within short span I filed for divorce in a different court.
Now I have got his OP transferred to my court---it is stage if his chief, my OP is in stage of marking of documents i filed along with my chief.
later I filed for maintainace under section 125 crpc which is in stage of marking of documents i filed along with chief
later he filed for custody of child GWOP which is in stage of notice which mean i got summons i have to attend first time
all are in same court
sir can i ask them to club all and lead common evidence at once keeping in view the stages if the cases
is it advisable if they can be clubbed
can u guide please
i have a small daughter and it is difficult for me
thanking u in advance
jaanu2317!@#
21 November 2020 at 20:37
Sir, I filed for maintenance under section 125 CRPC for me and my child and my husband has not complied with the order of interim maintainance. Then I filed MPs for arrears under section 125 (3)and court passed an order asking him to pay all arrears "within one month failing which warrant of arrest may be issued on payment of process". so I filed NBW process which was returned saying I should file civil warrant form.
Si, is 125 cr p c not a criminal proceeding and I was told that he will go to civil prison if he denies payment and I should pay jail bhatta for his substinance in jail is this true?
How can I pay when im myself asking for my livelihood and im in severe financial crisis sir?
can u please guide me sir
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