Pardeep Kumar
26 January 2014 at 12:41
R/experties
I want to know how a marriage agreement can be cancelled.
The marriage agreement was attasted by notary. The agreement was executed by in 2011. Because of bad character of girl, boy don't want to rescind the marriage agreement.
Thanks.
K*I*L*L*E*R
26 January 2014 at 10:49
Dear Experts,
We filed mutual consent for divorce in July'13 and court has given us the date next week for second motion. Can you please tell me:
1) what is the court's procedure on second motion date?
1a) do they refer us to mediation first in second motion?if yes then after mediation how long will it took to get judgement of divorce
2) Is there one more date called "judgement date" after second motion date?
3) Will the judge does not pass the judgement on second motion date?
4) When will the judge writes the decree and pass it to department to print?
5) How long will it take for me to get the printed decree in hand? Will they take days or weeks or a month?
6) Can I apply for the certified copy on the second motion date ?
KIRAN
25 January 2014 at 13:20
Respected sir/ madam ,
1) i m a Govt. servent.My wife is housewife
2)we married in may 2001.we have 2 kids, one girl 10 yrs& one boy of 8 yrs.
3)I have 4 married sisters & father not stayiny with me.
4)I m well setteled& haviny own house at kalyan.We were happy in our married life.
5)my wife is short tempered & high B.P. patient. there was interference of her relatives in our life.Hence dispute is arrised after 11 yr peace life.
6)During last 5 yrs,3-4 times compromised has been done bet.us.
7)In December 2011, my wife had stolen all my original land, flat agreements, ATM Cards cheque books ,cash, gold etc.(afterwards some i found it).I have made complaint to police station about this.
8) On that day,she called her parents & relatives to my house from their native place.They came to my house & They were shouting in my house infront of neighbours till mid night.
9)My wife(with my kids)left my house willingly alongwith her parents&relatives on 31/12/2011.After 3-4 days i have made complaint to police station about this.
10)Immdly. after 15 days she filed false D.V case in court against me,my aged father & 4 married sisters on 15/01/2012 without any discussion with us.
11)We had submitted our says in court.Magistrate had conducted counceiling 3-4 timesbut failed.
12)Then my wife moved application to Mahila Sahayya kendra.
13)After compromised through mahila kendra,I brought my wife & kids to my house
on 24/01/2013 for bright future of my kids.
14)We started our married life again.All were happy but there was interference of her relatives.
15)Even after 4 months passed she was not ready to withdraw DV case & wanted to keep pressure on me by giving threntening of police station & court.
16)Magistrate had also suggested her to withdraw case but she refused.Then Magistrate had given option to withdraw case&live with husband or stay at ur parent & proceed the case in court.
17)From that day (24/05/2013),she & kids are at her parens house.
18)In July 2013, she filed false 498A FIR against me & all same my family members Reg. demand of 5 lacs for purchase of flat & bitten them at her parents house.
19)All we got A.Bell & chargeshit is filed
20)We filed petition for quashing FIR & chargeshit in H C. It is admitted&exemption order is passed for all other members except me for lower court.Summons is received by her.
21)Meanwhile Interim Mntc. is passed for Rs 3000/-pm to my wife & kids against her demand of Rs 25k.PM.I had paid mntc amt.4 times.
My Gross salary is 70k & Net payable amt is 20k (after all loan&other deductions).
22) she had made appeal to SC against this mntc order.I received summons .
23)Meanwhile my wife had issued false Public notice in N/P that I ignored them as nominees & selling properties.
24)Now D V case is for Evidence & her cross examination is to be start on next date.
Now kindly advice me,
i)Should i submit all proofs / documents to the court before her cross examination of D.V ? or submit after her cross examination ?
ii)Should Lawyer prepare points/questions on paper before cross examination or take cross examination directly in court ?
iii) Should i make application to visit my kids u/s 21 of D.V act now?or submit afterwards?
iv)Shouid we make application to remove names of my married sister& father since they r not stayiny with me as per def. of family u/s of D V act.
v)What precaution should we take for taking her cross examination?.
vi)Kindly advice for best cross examination since she had left husbands house wilingly & desertion is from her side.
vii)What should be our stand against her appeal for interim maintenance in S/C?
viii)If I apply for child custody,is she eligible for any other maintenance other than D.V. maintenance?
ix)shouid I apply for divorce now or wait for some time after quashing 498a & D.V.case is over.
x) What precaution should I take reg. my properties before filing Divorse case ?
xi)Any other ur valuable advice to win this case.
Thanking you sir.
Regards.
Panecia garg
24 January 2014 at 23:36
My wife did 498A/406 against me after 24 years of marriage. The lower court gave orders to break open the joint locker and hand over jewelry to wife. Frankly I never visited the bank to operate locker. I wrote a letter to bank under RTI to give information of log book as to who operated locker in last 7 years.
Bank refused to give information saying that "Information sought by you is related to court case which is subjudice and protected u/s 3(h) of RTI act,2005. Therefore we cannot divulge information to you".
I did not find any such section 3(h).
What should I do?
Account
24 January 2014 at 15:46
Hi all,
Please give me advise on below mentioned query;
My friend got married in 2012. After one month of her marriage her sis-in-law got divorsed and came back with her 5 years old child. My friends mom in law took new house for her but she keep comming to my frinds house on all the days since morning to nite due to which my friend and her husband had quarrals. My friend left matrimonial house 2 times in year and came back again asking for apologies to husband.
But now the 3rd time my friend left the house after completing year and wants to go back to matrimonial house and she will ensure that this will not happen again.
But now her husband wants divorse. he do not left any faith on her and he is saying that mentality does not match.Now he is not rady to take her back and sine 6 months she is staying with her father.All the means she tried to convinence her husband.
Also her husband is selling the flat without consulting with her. Flat is on her mom in laws name. My friend wants to go back please advise some options.
vinit
24 January 2014 at 11:16
i got re-marry with widow how can give my name to her daughter pls suggest what is the process
fighter
24 January 2014 at 10:37
if a ladies A w/o B goes in private hospital and take treatment und and hoslip,is this is a ground for null n void marriage
Bhagyashree
24 January 2014 at 10:30
1)is one time alimoney taxable? if yes what is the tax slab?
Poovarasi
23 January 2014 at 22:33
My friend bro's wife gave dowry arrasement case against his bro, dad (80 years) and his married sister.
They got married on may 2012. She came to that home with 4 set of sarees. Nothing else.
My friend mom hospitalized on aug 2013 as she got Brain clot and paralysis. she was there in Apollo hospital,chennai for 3 months.Meanwhile that girl was there in hometown to take care of his father as he is also old. we came to know that, she took all the clothes of his mom and jewels and gave to her sister.
When his mom got discharged, she realized that she has to do all the household activities thereafter and should take care of his mom (as she was paralyzed and not able to speak).
After two day's of discharge, she said grandma died and went to her hometown and she dint back after that.
My friend, his bro, sis , dad went to her hometown last month to speak about this.
but her mom and dad don't know about that she came out of in law's home and staying with her sister.( her sister is divorcee staying with her two children not in same town where their parents are staying). They dint get any solution from her parents.
So they all went to her sis's town,she dint call them inside home.They were waited outside the building. she went to police station and complaint that they came to fight with her.
On that day, Police dint file case or not given any acknowledgement. but they said they will give counselling to both after one week. But there is no call from police station.
She asked settlement on that day itself.But Police said they will call for Counseling my friend dint take that settlement matter so serious.
Yesterday She gave Dowry Harassment complaint and so police came and arrested them.
So she needs settlement nothing else. How to come out of this case. They are already in very bad situation to take care of that Mom who is not able to walk, talk.. not able to do anything by her own and they already took loan , insurance and all to pay hospital bill.3 months CCU (critical care unit), bill is quite large amount.
What to do in this situation.My friend talked with lawyer to get bail first.
how to get out of this FAKE case?
How many months case will take to complete?
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Alimony amount
Brief facts of my marriage
1. Got married on 24 nov 2012. Wife left my house on 27 dec 2012.
2. I and my wife never consummated the marriage. I and she have accepted this fact in front of judge.
3. Both need divorce.
4. She is MBA and earning more then me before marriage.
5. She is asking for 10 lakhs as compensation but I can give her not more then 2 lakhs.
6. No 498 case against me. She has taken her stri dhan. Her complaint in CAW cell is closed.
7. My father is retired govt employee and my mother is govt. employee. My salary is 13k per month. We have our own flat, my elder sister is married and i am only son of my parents.
Plz let me know can court fix any amount for compensation. I mean I am unable to pay more than 2 lakhs. My case is in tis hazari.