raghavendra
23 March 2014 at 11:49
sir,
as per the muslim custom we have taken talak, now want to go abroad we need valid divorce from court of law, kindly help me how to take valid divorce form the court,
should i file the divorce petition in the court ?
kindly advice me
thanking you
Rahul F
23 March 2014 at 10:52
Hi,
Married in March 2008, I filed divorce petition under cruelty in mar 2009. My wife harassed me & my family all the possible ways by misusing law.. there are cases under DV act (filed by her in mar 2009), 498(filed by her in jun 2010) and under 31A(filed by her in Feb 2010). In DV case, by misleading court she got interim maintenance of 10,000 and kept extending matter till now. My application under 25 to cancel interim is also pending. Now in march 2014, my divorce petition is decreed with counter claim dismissed and no maintenance/alimony allowed.
1.Will the other court in DV case will consider this and canccel the interim order 2.What is possibility that she will still get the maintenance under DV act in Final order.
3.Any other suggestion or advise appreciated..
Thanks in advance.
Member (Account Deleted)
23 March 2014 at 10:50
I am a Sunni Muslim from Punjab. I got married in the year 2012 under Muslim law & have no child. My wife started dispute on small things & cruel with my old mother. She threatened us to file a dowry case & beating etc in addition to dire consequence. On 29-01-14 she started dispute on a little matter & abused me and my mother. When his brother was called he and his family members came with some persons and manhandled my younger brother & also dragged us to police station. Where a compromise was made & she was allowed to go with parents but she took away all the ornaments without informing me while I was under treatment in the adjoining room. I have submitted my application to Amarat-E-Sharia Punjab to decide the matter according to shariat. The matter is still pending.
My query is in case I give talaq to her at this stage after talaq whether she can file still file domestic violence & dowry cases etc or maintenance & other legal action against me.
shouvik
23 March 2014 at 00:49
can husband file a case against his wife who is unwilling to resume marital life and files a case u/s 125 Crpc
Nazir Shaha
22 March 2014 at 23:19
Hi,
My friend received an order from session court in a case u/s 125 crpc, should we go for revision or appeal with high court? in which conditions we can go for revision ? and in which conditions we can go for appeal?
at the same time, we are looking for some good advocate (reasonable as well) in kolkata, if any expert can guide us will be helpful for us.
Regards,
Nazir
Nazir Shaha
22 March 2014 at 23:08
Dear Experts, I need your advise.
My friend had recently received an order u/s 25 crpc from session court and directed him to pay 20k per as maintenance., he is a qualified Chartered Accountant and was earning ~60k per month in 20006 (when his wife left him and went to her mother's house), in between my friend went in depression and left his job, it took him some time to come over it and he started his own practice in 2009, where he is working for couple of clients on retainer ship basis handling their accounting, during the deposition of income proofs my friend submitted the client agreements as a proof of income, but it looks like court has not considered it.
we heard from some advocates that, client need to attend court to depose these agreements, which is not feasible since he is practicing ~400km away from the session court at the same time he has fear of loosing them if he tell them about this case.
My question to all expert-
1. Is there anything mentioned in evidence act about this, what court will consider as proof of his income and client need to depose in court?
2. His wife had mentioned that his salary was 60k in 2006, can court consider this fact without any proof?
3. If the situation changed in between 2006-2014 can court consider those? though he is a chartered accountant but going through a tough time with family so his earning is not in line with his qualification.
4. what could be the best way to prove his current income?
5. who carry the onus of proof in this case?
Regards,
Nazir
aryan
22 March 2014 at 22:50
i m aaryan,nd i have two child,bt i dnt want to live with my wife bcz she everytime doing fighting, not caring me n my family, she never talk with me.bt she is not ready to give me divoce.So at this situation can i file divorce case and wedding with sumone else?
shades ahemed khan
22 March 2014 at 12:04
I have filed a case of 498 against my husband as i am a victim of dowry.we are both separated from last 3 years.he has filed a case of separation.but i don't want ....wht should i do??
BJM_BJM_BJM
22 March 2014 at 08:50
Respected Advocates ,
Pls advice
@The Hon’ble family court dehradun granted Restitution of Conjugal Rights in favour of the wife in Sept 2010 duly giving several opportunity to the Respondent. The case was moved ex-partie several times and was restored several time as evident in the Order sheet.However respondent in the Habitual manner spoke several lies and taking cognizance of the conduct of the opponent Hon’ble court passed the judgement EXPARTIE in favour of the Petitioner.
@ The husband had meanwhile obtained an expartie divorce decree my means of fraud in Vishakapatnam in Feb 2009 and was disclosed to wife in June 2009.Thereafter the wife fought the setting aside of Judgement of Vishakapatnam and finally won the same after the intervention of Hyderabad High court in Oct 2010.
@ The Divorce Decree was set aside in Oct 2010
@ Husband filed the case in High court Uttarakhand in Nov 2010 and got the RCR case(in Dehradun) remanded back on the basis that there existed the valid Divorce Decree in the month of Judgment of RCR in Sept 2010.
@ In the month of Oct 2011* Husband for the first time confessed in front Judicial Magistrate (DV case in dehradun) that the entire Divorce Proceeding was incorrect. It was pertinent to note that the Divorce Decree was used in every court of law and in army to curb the rights of the Wife.. Infact the Husband tried to take full advantage of the Decree and Attempted Bigamy with lady Capt with whom he had extra-matrimonial affair.*I could not approach High Court Nainital due to financial constrain and as I was busy fighting against the harassment in multiple cases.
@The Divorce Decree was set aside and when the Husband was about to be caught red handed he filed the Petition for withdrawal and was subsequently withdrawn .
@ The Use of Wrong Decree of Divorce which was void-ab-initio, in Hon’ble High Nainital court in 2010 lead to remand of the case of RCR . The confession of the wrong in Decree Divorce had come much in Oct 2011. In such circumstance can I request the Hon’ble court tin dehradun to quash the further proceeding in the RCR case . Can I also request the Hon’ble court to seek proper explanation from the Husband of the whole cheating that has been executed by him in order to harass me ?
What remedies do I have ? Do I need to contest the whole RCR case again as now the case has rekindled in the court ? Please Guide ?
Regards
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Divorce issue
,I have been living through a hell situation since marriage.I got married in Dec 2008.At that Time,I was 19yrs old.
My in laws asked for a huge amount during marriage and my parents fulfilled all there wishes.Since,then they have been making my life hell.I have a 4 yrs old daughter also.My husband doesn't talk to me and he expects my parents to give them gifts and cash.He doesn't let me visit my parents place neither can I talk to them.he spends a good amount on himself but doesn't give me much allowances.
My mother in law is also very demanding.Though,in front of others she shows as if she loves me a lot but back home,she keeps on torturing me that my husband will be happy if I forgot my own needs and tell my parents to keep him happy by taking him out to dinners at lavish 5-star hotels and giving him lump some amounts as gifts.I have never been able to talk to anyone freely.My husband doesn't let me go out also.I have been living at home only,no outings nothing.He doesn't even care much about my daughter though he has put him in a good school just to maintain his status.I dont have money with me,i cannot contact anyone and things are becoming worst day by day.Please give me a solution to my problem.I want to get out out my married life but at the same time,I want a secure future for me and my daughter.