Darpa Narayan Saha
04 April 2014 at 11:09
My aunty has never been married and has taken care of me since my father died back in 2001. Now I am 19 years old and my aunty wants to adopt me legally. Is it possible in India?.
jagjit singh
04 April 2014 at 07:30
SIR, I AM FIGHTING CrPC 125 CASE FILED BY MY WIFE FOR MAINTENECE, IN WHICH SHE TOLD THAT SHE WAS BEATEN BY ME AND I HAVE NEGLECTED TO MAINTAIN HER, WHICH IS TOTALLY FALSE.
I WANT TO CROSS HER IN PERSON. CAN ANY ONE GIVE ME THE SAMPLE CROSS QUESTION WHICH I SHOULD ASK HER. I WILL BE THANK FULL TO YOU. I WANT TO FIGHT IN PERSON DUE TO MY FINANCIAL CONDITION AS I AM FACING 6 LITIGATION AGAINST ME AND NOT ABLE TO PAY MORE.. WITH REGARDS
jagjit singh
04 April 2014 at 07:24
SIR,
I GOT MARRIED AT GHAZIABAD AND RESIDING AT AGRA AS I AM SERVING HERE. IN MY MARRIAGE CERTIFICATE THE ADDRESS MENTIONED IF OF MY NATIVE PLACE OF M.P. AND AFTER THE MARRIAGE WE RESIDE THERE ALSO AND THE MATRIMONIAL DISCORD STARTED THERE IN MP.LATER MY WIFE DESERTED ME AND FILED THE FIR;s WITH THE FALSE ALLEGATION. I HAVE APPLIED FOR SECTION 9 AT AGRA, NOW I AM WITHDRAWING THAT AND WANT TO FILE SECTION 13. CAN I FILE THAT SECTION 13 AT MY NATIVE PLACE IN MP, I HAVE THE FOLLOWING REASON,
1. MARRIAGE CERTIFICATE SHOWING THE ADDRESS OF MP
2 WE RESIDE THERE
3 MARITAL DISCORD STARTED THERE IN MP
Shabnam
03 April 2014 at 17:19
My Brother married in may 2011 after the maairge the girl not live with my brother she left the house with her all thing which she carry with her at the of marriage and file the report against my brother of dowery after that she compled to my brother to become gher jamyi which is not acceptable by him.(That gril is suffring from a serveral disability which we cant not prove, she is mentaly distrub which is tell by us her mrother and father as minror problem like fever in mind) But she leave togther at rented house for 2-3 months. But she not mannage and gain complle to live with as gher jamyi. But just she cant not file case against our family for dowery he reday to stay with her but she beating my brother and aslo abusing and torciture a lot day by day. Finlay my brother left the house after 2-3 month and left the own house and stay other place and she not stop here she come at home every day nd abusing and beatning my mom also. For realseing this we file the report against her but problerm not over here. We file the case of section 9 according to our laywer said . My brother live alone from her last 2 years can ve file the case of diveorce. What consecuence and how to solve this matter ? How my relife from this ?
ashutosh
03 April 2014 at 17:07
Dear Experts
Legal points for consideration
Urgently please HELP me with a very tricky situation on the point of whether “NO MAINTENANCE IS PAYABLE TO A WIFE " WHEN the final divorce decree GIVEN by division bench of Justice Oka & S.C.Gupte at Mumbai is SILENT ABOUT any FINAL ALIMONY/ OR MAINTENANCE to be paid to the WIFE in in spite of the fact known & being mentioned in the final Divorce Decree that wife was getting Rs 5000/- interim maintenance in all. The reason of granting divorce was that the bench found the Wife guilty of desertion without any just cause alongwith Animus disserendi proved in this case.
2.When the FINAL decree by division bench itself is silent on the point of maintenance as per Rule 12(1)(c) of Order 20 of cpc can it be said that the Judges have refused to grant any maintenance as the Fault of WIFEs Desertion & clear case of Animus Disserendi was proved.
3. In lieu of the above Divorce Decree ,Whether a pending civil suit u/s 18 (2) of Hindu Adoption & Maintenance Act will survive / is tenable in Law , as Maintenance can only be granted u/s 18 (2) is to a “wife” when the relationship of Husband & wife exists.But due to divorce decree this relationship has come to an end.
4. Whether “Preliminary issue” can be allowed to be framed by the court in the civil suit u/s 18 (2) of Hindu Adoptions & Maintenance act under order 14 rule 2 of cpc . The stage of the civil suit is that it has been already partially heard and is at the stage is of part recording of evidence of Husband &his cross examination.
Facts of the case in brief.
1. Marraige took place in May 1999. First 5 months cohabited with husband .Wife was 3 months pregnant in dec1999. Wife left matrimonial home to Ahmednagar on 14 dec 1999 on pretext of her mother being ill & subsequently deserted company of the Husband. Wife did not return back to matrimonial home in Mumbai. Inspite of several attempts by husband she refused to comeback to Mumbai. Wife gave birth to "still born baby"(dead child) in june 2000.
2.Wife did not return from june 2000 to nov 2000 inspite of many attempts to fetch her back failed. Finally Husband filed RCR in Mumbai bandra court inNov 2000
3.Subsequent to filing of RCR Husband received letter from wife & her family with wild allegations against husband & his family. Hence husband withdrew my RCR case.in March 2001.
4.In the meantime in JAN2001 Wife filed Maintenace u/s 125crpc in Ahmednagar court. Court granted maintenance of 1500 quoting I refused to take her back.
5.In Aug2003 I filed divorce petition in family court at bandra on grounds of desertion & mental cruelty. Divorce petition got dismissed against Husband as Judge termed the instances of desertion and mental cruelty as normal wear and tear of Marraige.
6. During the pendency of Divorce petition Wife had filed for interim maintenance u/s 24 of H.M.A, same was granted & another Rs 1500 was payable total 3000 (was paid 1500 u/s 125 & pendenlite interim maintenance u/s 24 of Rs1500. ).
7. Husband went in appeal in Mumbai High court against this family court dismissal & the Divorce Appeal came to be admitted in Feb2007.
8.While divorce appeal was pending wife once again filed Civil application for maintenance in Aug 2007 which was granted by Mumbai High court & Maintenance was increased to Rs 5000pm .in all. considering earlier two maintenance were granted.
9.In Jan 2008 , the wife while staying apart from the husband filed yet another Civil suit in Ahmednagar u/s 18 (2) of Hindu Adoption and Maintenance Act claiming her right to stay apart & yet receive maintenance, & claimed final maintenance of Rs 45,00,000 & future maintenance of Rs 40000 p.m. In this proceedings the examination & cross examination of wife is over , “examination in chief” is over & cross examination of the husband is to be taken”.
10. Husband filed stay application in Aurangabad High court against Civil suit filed u/s 18 (2) of H.A.M.A by wife, claiming an earlier Divorce appeal was pending in Mumbai High court & same needs to be decreed before proceeding in the matter of Civil suit u/s 18(2) of H.A.M.A. Stay was granted by Aurangabad bench .
11 . Divorce appeal came to be finally heard on 10th dec 2013 but judgement was kept reserved until 7th March 2013
11.In the intermediate in Oct 2013 Wife filed application for dismissal of stay & writ petiton in Aurangabad High court and prayed for order to proceed in H.A.M.A case for granting of maintenance. u/s 18(2) at Ahmednagar.
12.On 21st Feb 2014 (when the matter of divorce appeal had already been heard in Mumbai High court but the Judgement had been kept reserved & not declared till that time) the Aurangabad High court Judge finally heard the matter and disposed of the Writ petition& Civil application by wife stating that the Civil suit in Ahmednagar u/s 18(2) of H.A.M.A should proceed after the delivery of judgment in Divorce appeal of Mumbai High court.
13. 7TH MARCH 2014 the final judgement / decree of divorce was passed by the Mumbai High court in favour of the Husband claiming that wife had deserted the husband without any just cause and not only deserted but with animus disserendi proved.
14. Now when the Divorce decree itself is completely silent on the point of final maintenance or alimony as per Rule 12(1)(c) of Order 20 of cpc can it be said that the Division bench have refused to grant any Maintenance due to the fault of wifes desertion with animus disserendi.
Please revert urgently
would be obliged
awc
Kamakshi.G
03 April 2014 at 13:49
Dear experts,
I want to know whether divorce petition under Indian Divorce act can be filed before the expiration of one year from the date of marriage on the ground of Non-consummation of marriage and cruelty (Sec.10(vii) & (x) of Indian Divorce Act, Any case law or ruling in support of the same. Need ur valuable suggestions.
Thanks in advance.
Pradeep Kumar
02 April 2014 at 19:19
Hello All,
Domestic violence filed by my wife
1.All my family members received summons from the CMM court Chennai.
2.Already she has filed 498A in bangalore,charge has been filed only on my name my parents name left out.i have approached High court for quashing and stay.
3.And and she has filed c.r.pc 125 interm maintance and permanent alimony .
4.After all this she has filed Domestice violence Act.
5.my question is my parents and sister name left from 498A case ,now again thier name included in Domestic violence Act and my sister got married recently her husband name also included in this .How it would be possible?
6.already C.r.Pc 125 running in family court now agin here also she is claiming for money ,residential order and protection.Is it possible to claim maintance from both cases?
7.regarding the protection order ,if she falsely report that am enter in her jurdictions and harrased her ,what will be police reaction?
8.If my parents not attending the hering ,whether the court will issue arrest warrent against them?
Regards,
\pradeep
ramesh
02 April 2014 at 11:07
I got divorced from my wife last month. But to save my property I have gifted my Flat to my Father 4 yrs back. Now I’m free from my wife.
Now I want my flat back on my name. What should I do to take that flat?
As I'm only heirs, so after my father, what charges need to pay for property transfer?
Or
Should I cancel the GIFT DEED? I think which is not possible.
or
Should I ask my father to gift it back to me ?
Which will be more convenient and less expensive way need to follow?
Ramesh P
INDIAN LADY
02 April 2014 at 06:41
Respected Experts , I hv engaged lawyer for 125 andv 498a for which I hv paid full fee to him even 498a is yetnot started and waiting for charge sheet. His pending amt with me is Rs 7000 against the total amt of Rs 33000 for both the cases and he will take rest of 7000 as the chargesheet will be submitted in 498a an then he wull present in the court from my side after taking his full fee . So for these two cases I can not change this lawyer as full fee is paid. With ur advise I have engaged a new lawyer for execution of interim in 125. Now my two more cases r pending revision of interim and Hma13 filed by my husband for which I still I hv not engaged any lawyer as my earlier lawyer is asking very heavy fee and allI in advance and for which I m not in position to pay all at once . Now my query is if I engaged a other lawyer for 2 new suits who can cooperate me in taking the less fee in installments then will it effect on my earlier cases of 125 and 498a as both the lawyers will work with different thoughts . In 498a first one have written the complaint and written the application in 125 . Can the new layer catch the idea of first lawyer from copies of 498a and 125. Can I appear in the court in HMA13 and CRR without the councel on first hearing so that I wilp get the time to decide the lawyer for new cases. One more thing Hma 24 and 26 are sepatate cases or is it the part of reply of HMA 13. Kindly advise.
Regards to all
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Re: domestic violence filed by my brothers wife
Hi All,
My brother wife has filed a DV complaint before the Judicial Magistrate. My brother is not working now and is at home (he has given resignation in his office as the office was too far and they were not giving any increment.
The court every time ask my brother that whether he is willing to stay and take back his wife with him? My brother everytime have said orally committed in the court that he is ready to take back his wife and will go to his native place and stay there permanently (As this is normal procedure in the court where the husband has to say to the court that he want to take his wife back, but in reality after his wife several mental harassment and torture faced by my brother in police station, he really do not want to stay with his wife and just for the sake he is telling the court).
After this the court asked my brother to give affidavit/undertaking in the next date that he is ready to take his wife back and settle in his native place. My brother denied in the court that he will not give any type of undertaking/affidavit in the court and that his wife needs to give undertaking in the court.
My Questions.
1. What is the next step? Should my elder brother give undertaking/affidavit in the court that he is ready to take back? Or else he should inform the court that as per principle of natural justice that court should also his is wife to give undertaking/affidavit before the court that she will not file any more false cases in the court/police station and will also not file any 498a cases in the police station or in the court and give a public notice to that effect.
2. What would the court do if my brother gives affidavit before the court? (Actually my brother's wife do not want to go in the native place as she is from Mumbai and would not be comfortable to stay in native place due to lack of facilities in the native place)
3. Are there any precautions that needs to be taken by my brother so that that DV case gets dismissed before the court?
Appreciate any response. Many Thanks !