Vijay Kumar
08 April 2014 at 18:19
Hi All,
We got married 3 years ago and were together for one month and she has left me and staying with her parents. We do not have any kids.
Before to marriage and till now she was working and more qualified than me.
She lodged 498A and DVC case against me and my parents. because of these cases and frequent visits to court , I lost my private company job. My ill parents are dependent on me.
Here are my questions :
1. Do i need to pay her the maintenance / alimony ?
2. In case if i am not able to get a decent job for my maintenance , Can i ask for maintenance from her ?
3. 498A case verdict is going to be in my favour with all materialistic evidences, In this regard if i file divorce now or after the verdict do i need to pay any alimony / maintenance ?
4. After court divorce and alimony decree , if i go for abroad job . Can she file revision petition for more alimony ?
Thanks in advance.
ram pawar
08 April 2014 at 14:13
Hello
From last 2 yrs I’m fighting my crpc 125 case & DV case in another court (two cases… nether divorce not RCR ). 3 months back before final judgment in 125 case, Honorable Jude has asked both to go for settlement. After 20 minutes of negotiation, I agreed for 7 lakhs on final separation / divorce
We both have signed ‘Mutual pursy’ with full and final, with condition of 4 lakh on filing date of 13 B petition.
And rest 3 lakhs on last date, when the she will withdrawn DV and 125 case when I will submit second DD of 3 lakh.
As per decided I have submitted the first DD of 3 lakh on 10 March 14 and we both sign 13 B petition. Judge have given the date of 16 June 14 without saying anything .
I have not courage to ask judge about that What will happen on 16 June 14.
My new Lawyer told my that judge might be waved off 3 months as your 125 was in same case. I really wondered how Judge has reduce 6 months cooling period ?
Now my question is
1.What will happen on 16 June 14.?
2.Is it possible to waved of 6 months cooling period to 3 months ? even if not divorce or RCR case filed from either side?
3.Should I carry rest 3 lakh DD on the 16 June (after 3 months). Or I need to submit it after 6 months
4.What are the steps ? Fist withdrawn of 125 / DV ………………. then final signature on 13 B petition (second motion)……… or they will just took my 3 lakh DD and give me next date ?
5.What will happen if she not came to court on 16 June 2014.
Sirs / madam Please resolved me
ankit sharma
08 April 2014 at 01:13
sir
my sister want to file against her husband for mtn case . he is photographer(doing variety of photography + pre/post marriage video shutting + having team of photographers) at chattisgarh having good income.
to get good mtn as she is having 6 month old daughter what she need to do. what are the things to prove about her husbands income as he is not filing it return. he is having one dependent parent.and one married sister which is left by her husband.
498 Exploited
07 April 2014 at 18:41
Dear Experts,
I have applied for divorce against my wife. I am working in a PSU Bank and planning to take Lone, then my take home salary will become less. Now my question is:
Will she be eligible for maintenance according to my take home salary or from my net salary after Divorce?
Thanks
Amit hande
07 April 2014 at 14:46
Dear Sir,
I got married around two years back. My in laws has cheated me on so many things, including education of the girl, and so many other things. We didnt stayed together after marriage. Now after around 1.8 years of marriage my wife has put false FIR against me in police station including section 498, 313, 323,334. Saying that my whole family, my brother, parents(senior citizen), my four sisters who stays away, all had harrassed her mentaly and physically for dowry. and worst part is she mentioned falsely in FIR that we went to her village and we took dowry. After that everything went well and when she was pregnant we have bitten her and asked again dowry and forcefully gave her abortion pills. this all nonsence and false things she had mentioned in FIR. Now my parents, my sisters, my borthers and my life has become hell. we r running like mad. we dont know what to do. we have consulted a lawyer and filed a petition for anticipatory bail. but my inlawas are putting giving money and putting pressure on police and lawyers.
Please help me. My parents r not in age to suffer in jail. what can i do if court refuses my request ?
Should i surrender to police?
please please help me.
No one in my family has exp of all this.
My sisters has kids n all of my sisters anr just crying. h
what should i do ? i know i havnet done anything. she was not even pregnant. she was not even staying with me.
I m so broken. i need ur experienced suggestions and guidance.
Please write to me, your 1 min can save worries n tension of 8 families.
Waiting of your reply.
Pradeep Kumar
07 April 2014 at 10:28
Hello All,
Already most of the people in this aware of my case.
1.498A DP ACT 4 charge has been filed only on my name.
2.I have moved the petion to the High Court Bangalore Quashing petion along with Intermediate appliaction in the first week of March.Petion is numbered.
3.During our first hering in the lower court we have shown the numberd petion and prayed the lower not proceed for trial then Lower court given next herin in April first week.
4.Now ,almost one month is over still my petion is pending for admission ,even not getting the stay.
5.In the beginning my lawyer was saying that case is not losted due overwork load for Judge.
6.Now he is saying that my in Laws influencing everywhere including Adovacate general and Govenment Lawyer not to arugue the matter that is the reason it is delayed.Is it possible?
7.he said that ,trying his best to get the stay ,government lawyer not filing objection and delaying it ,the matter is not coming for argument.
8.Now my question I have got my herin in lower court in a couple of days still there is no result from High court that means petion is not dismissed and not admittes only at mumbering stage.
9.Still in the Lower can we pray to postpone the trial until getting result from Highcourt.
10.Really am confused that almost one month is over not getting any result positive or negative.
Pls Clarify me the same.
Regards,
pradeep
Sudhakar
06 April 2014 at 19:56
Respected Experts
What could be a problem for a person, whom was a well educated, Whom want to contest case without advocate
help? I mean i am an MBA Student whom got well versed in presentations... I know my facts of my case duly and very well.
Still Do you say there will be a problem while contesting case in person in court.
Awaiting for favourable reply
Thanking you
Jagmohan
06 April 2014 at 15:46
I want separation from my wife . We have four year boy. I want custody of my child . Mine and her thinking is not matching. I married in 2009. Kindly tell me how much time it will take in divorce process and what is process for this.
Sudhakar
06 April 2014 at 15:42
Respected Experts,
I am Sudhakar... I will be going to tell my query in detail on date by date in below.... please advice me and suggest me what can I do?
I have filed a petition in Family Court in Vijayawada under Section 12 1(a) in 2011, to make my marriage null and void because my wife left matrimonial home with in 15days of marriage date.
After that she filed counter to my petition and also filed 498 A and also for maintenance.
Now Coming to the points:
1. On November 1st 2013, I am as a petitioner, informed honourable family court judge, that my wife as a respondent havent been attending from past 3 times, So please award me Exparte, upon that Honourable Judge said that an Intimation is given to respondent that she should attend on December 2nd 2013.
2. On December 2nd, 2013 my wife as respondent DID NOT attended court, the same I have asked honourable judge that still today though she was intimated, she did not attended court in straight fourth time. As soon as honourable judge listened me, He said me to submit Exparte Affidavit on December 5th, 2013.
3. On December 5th, 2013 My Wife as respondent attended family court and submitted SET ASIDE Petition, Stating that She was absent on December 2nd, 2013 due to SHE GOT STRUCK IN BUS, WHICH IS STRUCK IN TRAFFIC JAM, so requested judge to set aside the exparte.
4. On December 24th, I submitted Counter for that Set aside.
5. Upon HEARING BOTH SET ASIDE PETITION AND COUNTER, Honourable Judge of Family Court has given ORDERS that court has Set Asided Exparte Decree in IA.
Now my question is she has never shown interest in matrimonial life and left the matrimonial home in 15 days and never rejoined still today, She has got absent for 4 times in a row. On 5th time, she came to court and says a cause that due to traffic jam she has not attended to court.
I to my self finding that Bus Struck Traffic jam is not provable and not a proper ground and she was interested in dragging case.... CAN I GO TO HIGH COURT for revision or whatever against this lower family court decision.
Please Guide me...
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Maintenance u/s 18 h a & m act
I understand that u/s 18 of Hindu Adoption & Maintenance Act, husband is ABSOLUTELY liable to maintain his wife. He is not allowed to take defence that his wife owns property.(If we go by language of statute)
Am I right? Kindly enlighten.