DV victimmmm
12 April 2014 at 12:34
Dear experts
Here are details of my case:
Wife went to brother's marriage in Nov 2010 and never returned back.She first filed DV case in Nov 2011 which was dismissed by JMFC court in Feb 2013. She filed appeal but did not contest it till date.After DV got dismissed ,she also filed crpc 125 with same allegations and same words in family court.
Some of the allegations which are already disproved in the dv case are:
1. I tried to kill her
She told in her cross examination that she does not recollect the incidence or the time or place of the incidence. She said the same thing in crpc 125
2. She was not given medical treatment during pregnancy
I put all the medical reports and documents in the court. She admitted that she received the medical treatment and visited all the doctor mentioned in my evidence
3. She was confined in my house for all the time , she never went out during her stay of 2 years of marriage
She admitted that she completed educational courses while she was married to me and used to go out to attend classes and she also visited her father's house at least 10 times in 2 years
4. My wife also said that she is not working
I summonsed the head mistress of the school where she is working.The head mistress submitted 2 different letters of her salary details and accepted that my wife is working in her school. She also told the court that my wife is MA(English) and completed her B.Ed. this year.
The only extra thing that she told in crpc 125 is that she wants to cohabit with me now. So the family court judge used to tell me that though she did mistakes earlier, I should forgive her now. But I had told the judge that the allegations are very serious and I can't take her back so I have filed divorce case.
Finally the Family court judge ordered me to pay 8 thousand in total to wife and my child.
I have no problem in paying money to my child. But as wife is working and earning almost 20 thousand ( 15 thousand /month salary with 7 thousand basic salary and PF facility provided by school) from job and taking private coaching classes.
Please guide me what should be my course of action.
I have not seen the judgment yet and don't know the grounds on which the maintenance was provided
Abdul
12 April 2014 at 11:53
Hi,
I am Abdul. This is the extension of the resolved query by me on link http://www.lawyersclubindia.com/experts/Want-my-family-together-461701.asp#.U0jUvU3ra00.
As of now I have left the house in her name after the police entered the house forcefully and did the act with her support entirely against the law. For that I had filed a complaint to the ADGP and a copy to the home minister against the police on 17.03.2014. Waiting for the action, but it seems they try it to make it floating. Though my lawyer told me to act tough like filing a suit against her so that she wont be able to sell it or give it for rent. But I haven't gone for it as I tried to finish the divorce legally in a mutual consent as per majority of u experts.
But now the problem is she is not showing much interest for it and likes to add more terms and conditions and she is not revealing those. I am fed up with her. When I tried to talk to her over her banks land line (she will not attend her mobile) she is threatening me with filing harassment case.
Now I am in a mind to go for another marriage as she is delaying the things. What I want to know is if I marry another one under Muslim law without pronouncing thalaque, what are the consequences I have to face from her apart from 498a?. As per my knowledge I have to maintain my kids whether divorced or not, but doesn't have give maintenance to her as she is earning well as a bank officer and having two properties in her name, one in Calicut and one in Bangalore.
Pls advise me.
Member (Account Deleted)
12 April 2014 at 08:25
My wife having Schizophrenia paranoid confirmed by two doctors and she is not staying with us last 3 years and filed a case for maintenance. On that ground I also filed a case for divorce and guardianship for my both 15 years old daughter and 10 years old son. Last year she taken away my children from my house in Valsad,Gujarat,India, when i was not in the house and lodged a false allegation against me along with children. Now I am worrying about the future of my children. Since the matter is in the court police not taking any action to get back my children. My daughter also have anxious depression confirmed last year that i am more worrying and want to treat my daughter before it become serious like my wife. I want to separate my children as advised by doctor and put them in a hostel, but school authorities refused to give Transfer certificate to me and saying your children not interested to stay with you so the court will decide. My wife's relatives are hiding her mental disorder problem to avoid bad name comes to the family and looking for a chance to grab money from me with out thinking my children future. What can I do to get back my children ? If my minor children are not interested to stay with me what the court will do? Whether hand over the children to my mental disorder wife ? How the court will decide ? Can i take back my children forcefully? Please advise and help me to get back my children in any way. To whom i contact to ensure a bright future of my child. ?
Stany
11 April 2014 at 12:00
Hi I want to know can i get Divorce from wife for not having physical relationship with me
Anvesh Yadav
10 April 2014 at 20:35
HI ALL,
THIS IS ANVESH , MY DIVORCE CASE IS SUBJUDICE IN DELHI COURT FROM LAST YEAR, MY WIFE HAS FILED DV ACT, 498A, SEC 24, SEC 125, NOW THE NEXT MONTH HEARING IS FOR DV ACT (Interim maintenance) and sec 24.
My query is i hve her graduation roll number which she did 2010-2013 and she did it with 70% and iam continoulsly follow her on linkdein profile where she has narrated her job profile and evrything (6 yrs of job experince) and graduation details. Also she has filed wrong affaidavit in the court for sec 24, sec 125, dv act where she has declared herself 12th pass.
My question is i hve taken out her linkdein profile with photo, also i hve her prevous compnay account number where she was getting salary of 20 k . will all this be ok for the court at the time of argument for interim maintenance or is that a cyber crime. what i will do in my case so that i can prove that she is working and she has much capable to earn. i hve only her updated linkdein profile and previous salary account number, March 2012 salary slip and her boss cell num ,and her previous office address. will all this be fine for me
Thank you
sudhir
10 April 2014 at 20:10
The JMFC court awarded 40% of my salary for my 2 kids staying with my estranged wife in sec 125 as interim maintenance.I filed a revision in ASJ court which admitted the appeal subject to the condition that the appellant will deposit 75% of the arrear amount in the JMFC court within 15 days. No stay was however granted. I deposited the amount along with the order in the JMFC court.The JMFC court released the amount to my wife and passed the following order ".. Now the parties to come on 18th April for
balance payment" Can the JMFC force me to pay the balance 25% even when the appeal is pending in the sessions court?
k n nagaraj
10 April 2014 at 17:59
please let me know the references of annulment of marriage on the grounds of mental illness of the spouse.(Supreem Court judgements on the subj)
ase history.
Proposal brought by MIL stating her daughter is normal, and has answered in affirmative for all quiries on the ability of the bride to perform normal duties of a wife.
The bride is divorced was known but it was not known that the first husband also brouht out mental illness and non consumation as the grounds for divorce.
The MIL still insists that her daughter is perfectly normal.
Psychiatrist agree that the bride is not normal and requires treatment but wont put in papers.
Psychologist says IQ o k but behaviour not normal. Unable to conduct tests because of non co-operatin of the patient.
Behaviour totatly abnormal. Fails to react to situation.spouse sent back on the second day after mariiage and referred to psyciatrist and arranged for medicine and consultation.
Police hesitate to take criminal complaint.
Please advise action.
Advocate B. M.
10 April 2014 at 14:40
Dear Experts,
A client of mine has procured divorce through judicial mediation wherein it was agreed that the wife will support for quashing 498A, 406, 504 and 506 filed by her against her husband and family on an application made by the husband u/s 482 CrPC. She has even agreed to personally write to the Police station that she does not wish to pursue the complaints and FIR on account of the settlement, and she has hand written the letters to the police station. Now that the application u/s 482 CrPC has been filed by the husband and his family, she is showing disinclination to come to the High Court and personally depose before the Court that she does not wish to pursue the same. The High Court is also asking for her personal attendance. Now she is also claiming that she wants a lawyer to represent her in the high court and that the husband has to foot the bills of her lawyer too. Is there a way out of this extortion measure, or should I advice my client to agree to her terms? Kindly guide, as my clients are personally known to me and I know that they are genuine people and have been falsely implicated. I look forward to an early response and guidance on this.
Thanks.
victim of dowry
10 April 2014 at 14:02
HI,
I got married in 2007. and my husband and inlaws had asked for Rs 10.5lacs dowry and and 80 tola gold which was duly given by my parents.
Time and gain i was mentally and physically tortured. they used to demand the entire salary and deny me food and kept asking more money from my parents to buy home. i was hit when i was carrying my child and was asked to leave their house in 2010 when my child was born.
Since then they never enquired about me and have kept my 10.5 lacs, salary, gold, household assets etc worth 32lakhs.
i have filed for DVC case which is due (the husbands side has not claimed the registered copies) and 498a FIR is pending to be filed.
Should I pursue to file the 498a as well or DVC is sufficient. Will both generate the same implications
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Marriage registration
Sir.
I am a keralite boy wanted to marry my croatian girlfriend in India under special marriage act or HIindu marriage act in Delhi or in Goa. She has visa for few days. Before she goes we need marriage certificate and the apostille stamp on it. Is it posssible to marry in legal office without many weeks of waitting Is ther any possible way to marry soon..and certificate should be valid both in India and Croatia also. hoping for a positive reply.
truly.