Jayant Yadav
05 February 2014 at 15:17
Dear Experts,
My sister is fighting domestic violence case against her husband. In the reply of our petition her husband referred to some transactions into my sister's a/c from his sisters saying that those transactions were loans taken jointly by him and my sister from his sisters. We refuted it during the rejoinder, as the money was in fact return of a previously taken loan. Before the interim argument, the judge asked both the parties to submit a detailed affidavit on earnings, expenditures, assets and liabilities. Now in this affidavit, her husband has mentioned that he has no liability of any kind (secured/unsecured etc.). He has also submitted his bank statement where there has been no transaction to his sisters or large cash withdrawl.
We now have interim arguments coming up.
Can we claim that her husband has committed perjury in claiming the joint loan from his sisters, since he has now mentioned that he has no liabilities. If the loan was taken jointly and has not been paid, it should have been shown in his liability?
Also he has submitted that his parents are dependent on him and he has no brother, while in reality he has a brother and his parents withdraw old age pension by claiming that their sons are not supporting them.
Does this become a ground to initiate a perjury application?
Regards,
Jayant
Shweta Bagkar
05 February 2014 at 10:46
My friend got married in May 2013 and her wife living separately since dec 2013. My friend is from middle class family and wife is rich. It was a love marriage. My friend told her about his financial condition but that time she had not any problem with him. After 3 months suddenly she changed her behaviour and asked him to take separate house to live and said that she doesnt want to live with her mother in law. But his condition is not such that he can afford any rental house or buy house. He said I can't do this now but we will try. Then she went to her matrimonial home and did not returned. My friend seek divorce from her as she always torture him that she will suicide. My question is that
1.can he file divorce petition without sending notice of restitution of conjugal rights.
2. Whether 1 year separation is necessary to file divorce??
3. or after 1 year of marriage he can file divorce petition?
SUNIL KUMAR
04 February 2014 at 23:54
an educated girl of poor family whose father is a cart-puller gets married to an engineer whose parents are working in govt. sector through the matrimonial service.
being a poor man the father and his brother manage to afford all the spends on marriage and sagai(both the function was funded by the girl side)hoping that this will satisfy the in-laws.
after some time the girl is harrased by the boy for not bringing the car and the gold given not upto their expectations. the girl is driven out of the room and the in laws never ever ask the boy for this ill treatment.
girls gets pregnent and the humiliation never stops. she is made to work during pregnancy despite the doctor advice to take bed rest. ultimately she had a miscarriage due to the metal duress and pressure.
no one ever helps her even in illness she is forced to work to serve them as she was purchased as a bonded labour.
not this all the time she is told she is characterless and she has affairs with others. bearing all this humiliation and ill treatment she finally decides to return to her parents. and father in law abuses her in front of her parents for being a characterless and even threatens to face dire consequences if she has any legal course against the family.
this is happening in our society and still we think girls are taking wrong benefit of laws.
NOW WHAT SHE CAN DO TO SAVE HER AND HER FAMILY? WHAT ARE THE PROVISIONS OF LAW IN HER FAVOUR? HOW CAN SHE FIGHT AGAINST THE INFLUENTIAL PERSONS?
ANY WAY OUT??????
Mani123456
04 February 2014 at 22:23
Hi,
I filed MFA 1 against trial court order for my divorce case in high court. The hight court scrutiny cell raised some objections which we could not rectify in time. They now says the case has been sent to bench. My question is, will judge give me time to rectify the objections ? My life is at stake as I have to get this MFA moved as soon as possible so that I can get divorce.
Kindly tell me the outcome and advise me.
Regards
Mani
sujeet patil
04 February 2014 at 19:10
whether application u/s 13 of family court act is necessary if respondent is mentally ill??
sa11223344
04 February 2014 at 11:53
Hi,
Let me first give a brief fact about the entire case before i proceed to ask for the main question:
1) 2010 October i was in the midst of a divorce through mutual agreement with my first husband. Unlike others i had categorically mentioned to him that there is someone that i am seeing and i would like to know if he still wants to work on our marriage or wants me to move on. I moved on after his answer to the affirmative.
2) I moved in with my current husband in Jan 2011, my hearing was up for may 30 2011 and i shifted base to Bangalore from pune.
3) My current husband turned out to be quite a jealous and possessive person who had immense lack of trust in me. Add to that he would have sudden mood swings and temper tantrums. He would at times try to hurt me by mentioning harsh statements about muslims since my ex husband was from that religion, however with others there was no such statements. We have had quite a few disagreements and he would try to make himself emotionally unavailable in this relationship.
4) September 2011 i went into full blown depression as i was divorced, had no familial support and was in a job that i found difficult to focus on because of the emotional turmoil i was going through and in between all this my husband who i was having a live in with just threw me out of the house. Simply because i called up my ex husband to find out if i was really emotionally unstable like the way he was putting it. my previous marriage was plainly socially isolated so i had neither my family supporting me nor his!he only person who has seen me closely. Which i honestly told my husband but he accused me of using him as a band aid and sleeping behind his back. Neither of which ever happened. No friends so he was the has threatened to throw me out of the house several times both when we had a live and when we were married.
5)In dec 2011 i decided to call off the relationship as I had faced enough humiliation with my family side and socially as well and he came back in feb asking me to give a second chance, again it was all about him and nothing about my side. So he did not even end up meeting my parents telling me that respect is earned. It messed up a lot many things for me socially and i just kept quiet so that i do not face more embarrassment. But this led me to have immense anxiety, hurt and humiliation, as it was more of a selfish relationship. the name calling yelling and taunts just hurt me no end and if i cried it was labelled as emotionally unstable.
6) finally we got married on dec 3 2012 and my family opted to stay out as they felt it wasn't the right person for me. After wedding also my husband went on socially coaching me during our honeymoon, would threaten me that he will leave me and find someone else to warm his bed and i am not the end of this world for him. I did explain the fact that this is my second marriage and i cannot afford a divorce but he did not bother about it. In the end we fought and again the same threats to throw me out followed.
7)by this time i was suffering from chronic anger and i just sent him a divorce petition which was drafted with all his accusations because i was so emotionally exhausted and weak. He was in the uk and somehow his family stepped in and convinced me to stay back. But it was the same inability to help me with my emotional well being. I don't expect him to daddy me but most of our disagreements were never addressed, they always got swept under the carpet. IF i have any issues that hurt me or any vulnerabilities i had, he would use it during fights to hurt me back.
8)In the uk i ended up feeling suicidal because of his abusive words and statements and he would provoke me to react further like talking sex when i am charged or playing with his genitals in an argument.For the first one month i harmed myself and after that when things got unbearable i slapped him and name called him just the way he did, he has also beated me up and called much more nastier names and then gone and told one sided story to his family. I couldn't take it anymore.We came back to India and he provoked me to leave him which he now conveniently tells me that i left him in may 2013
9) i met a counselor in India who helped me address my issues and diagnosed me with having issues of anxiety, anger and abandonment. Had to happen because he would make statements that caused me to feel low about myself or embarrass me or actually threaten me to throw me out. I went back in July 2013 and he kept pushing me back. In the end he took me back but the same behavior continued. Asking me to get lost or threatening me to divorce him and stuff. In the end he started getting physical with me even when i do not touch him. I brought this up with him before going to the uk this December 2013 and he yelled back saying my counselor is a bitch who doesn't know both sides of the story.
10) i went and joined in the uk but the way he mistreated me or made hurtful statements i was bitter, things were still unresolved and i was pushing for counselling for which he did not even make an effort to go, just words thats all. In the end we had an altercation in the uk where he provoked me by calling names which went on to a full blown fight and in the end i reported him to the police. He came back whistling that night and i felt something snapping in my head that this man is beyond repair. The next morning i asked him to come to bed and sleep as it was cold there and he had an asthama attack a week ago and he started collar pulling me and calling em nasty names. I warned him thrice not to touch me and he continued failing which i called the police and got him arrested. He was released as he lied to the police and said he acted in self defence. BUt i had to vacate his premises because the house agreement was only in his name. And in the uk stay is based on agreements unlike in india. So i had to vacate overnight and go with a friend and in the meantime he just ran off to india without informing me.
11) In all this i feel violated, abused , humiliated and really feel abandoned. Because he used my helplessness to his advantage. I have already informed his family that i will be filing a case of domestic violence and harassment.
12) I do not feel like divorcing him, because my perception of a marriage is traditional. I want to know if he can be compelled to take up counselling which i know will greatly improve things for him, i do not mind getting corrected by a counsellor as i am aware even i could be wrong at places. Also would filing for a restitution of conjugal rights be a better idea? I know my husband is a bit irresponsible and thoughtless so he would want to divorce em under any circumstaces. Please guide me on this.
arya
04 February 2014 at 10:35
Sir,
My name is shyam. In December' 2010 after the 1 week of marriage my wife & her family member warning us a false 498a
dowry court case.she & her family member tortured us.
My mother disowned to me and my wife by legal affidavit & Published legal notice in newspaper in May'2011.
We also filed a police complaint (which is our 1st police complaint )in police station against my wife & her family member in 7th June'2011.
In November 2011 i left my mother house and starting in a renting home but my wife not come with me.
In April 2012 she also left my mother's house and never come back till date. she gone in her parents house.
In 2012 she filed 2 case one is Domestic violence case and 2nd is Maintenance case.
Now in December 2013 she filed a police complaint against me and my family mamber and my relatives.
yesterday police called me and I submit the documents in police station.
we have a number of police complaints against my wife and her family mamber.
Now my question is still police will file the FIR.
can we apply for Anticipatory bail before FIR.
What should we do pls help us and guide us.
my mother disowned my will she also arrested or not if FIR will file.
Shyam
Rakesh Malik
04 February 2014 at 07:54
Is it mandatory for the husband to pay compensation or alimony amount to wife in divorce case. Whether the marriage is consummated or not. Whether there any child or not. Whether wife is qualified or not. Whether the husband is only son of his parents or whatever is the status of the groom side.
Is the parents financial position also considered when the court decide the compensation or alimony amount to wife in divorce case or only husband financial position is considered?
Pradeep Kumar
03 February 2014 at 17:29
Hello All,
1.My wife filed complaint under Domestic Voloence Act aginst my whole family.
2.Already she has filed 498A aginst my family chargesheet has been filed in charge sheet only my name is there ,my family members name has been removed.
3.Now ,they have filed Domesticviolence Act,what is Domestic Violence Act,what they will do with this ?and why they include my mother father,sister and brother in law ,what is the idea behind this...
Please clarify the same...
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