INDIAN LADY
18 December 2013 at 02:16
Respected Experts , In my suit of 125 interim has awarded and now my query is
1. Can I apply certified copy my self without the help advocate. What is the procedure of the same ? Is there any printed application format to fill ?
2. Can I file application for execution of Interim execution immidiatly on receiving the certified order copy or this will be given on next hearing only after seeing the response from my husband to deposit the amt in court ?
3. If I will not file the execution then court will not force to my husband to pay the expenes with arears ?
4. Can I file Execution myself without the help of my lawyer ? what is the procedure ?
5. How the court will help me after filing the execution? What is this all procedure ?
INDIAN LADY
17 December 2013 at 22:16
Respeced Experts , In my 498a case I file the complaint against 5 accused and police registered the FIR against my husband and rest accused were not even called by police in investigation. After rejection of AB of my husband from session court he surrendered and sent to jail for 8 days and got the bail then. Now poilice has present the file in court and after examining the file court has returned the file to police with question that why the rest 4 accused are not included inn the FIR ? Give explanation on that. Now police has called rest 4 accuses to give thier statements. I want to add that first investigation was done by ACP and now file is sent to SHO Mahila Thana as FIR was raised by Mahila Thana. Now my query is 1) Is it possible that the mahila thana SHO can include the names of rest all accused in.FIR ? 2) If police will not include the rest accused in FIR then how the rest accuses can be called in court ? If Police will not add the names in FIR of rest accused then what for the statements of rest accused taken by police ? Can I file separate complaint against rest accused ? Or Can I file writ in high court to add all accused in FIR ? Kindly reply which action.against rest accused is most reliable and convinient practically
amit
17 December 2013 at 22:01
Wife file a petition U/S 9 of H.M.A. for restitution of conjugal rights.
Along with petition she also file an application under order 39 rule 1 & 2 R/W section 94 and 151 of C.P.C. seeking temporary injunction to restrain husband to marry other woman.
My question is –
Can an injunction petition under order 39 rule 1 & 2 of C.P.C. be file in proceeding under H.M.A. ?
Can a court grant an injunction in favour of wife though second marriage without dissolution of first marriage is an offence ?
Karan sehgal
17 December 2013 at 21:48
Hello Sir/Madam
Please let me know that can I deposit interim maintenance amount in respective court anytime or can do that just on hearing/case date.
Thanks
aslamskhan
17 December 2013 at 17:38
how men victim under domestic violence tackled?
Sayan Poddar
17 December 2013 at 15:21
Dear Sir,
I am a helpless father of a 3 years old son
1)Child custody case (ACT8) filed may'2012
2)Feb'2012 got visitation right & also to celebrate birthday on 09'march'2012 at wife place
3)09'march'2012 their door was close , police came and inspect the event
4)April'2012 i was beaten by wife wile visiting my son , police send for treatment and made an GD.They made no case
5)Court pass order to change nutral place , then she agree ,and sign a joint pettition that she will bring my son
each saturday on court and lawer chamber , passed the order sept'2012
6)She came in sept'2012 , whole october she was absent
7)I was going to file contempt of court, she started to come again
8)3 weeks che came , after that 3 weeks she is not comming
9)Her lawers says that , she is a govt nurshing staff , manpower is short in her hospital, she can not get leave
10)They applied for modification of order twice in a month
But i wants to meet my son every week.If she is not available , i am ready to pickup and drop for
specific period of my son , as he is very dearer to me.
My question is , is there any reference / order / judgement that father can take her son with him for limited period
each week with him.
Please mind that my son is only 3 (three) years of old .If any thing has, please give reference
abhijeet
17 December 2013 at 14:47
Dear participants,
I am a middle classed finance executive from mumbai and was married for exact 5 months, after that she deserted me after immense infliction of torture and harrassment on me and parents. Now, after one full year of separation we plan to file a contested divorce as the amount her family is demanding on mutual consent is too huge and they are very greedy. Seems that she has married me just for money. I cannot accept paying the money they are expecting from me.
Further I am earning around Rs. 55,000 p.m. and she is earning about Rs. 45,000 p.m. I request you folks to advise me the quantum of maintenance that the court would award to be paid by me.
I also understand that if she is working then the court will not allow any maintenance from me. However I wish you to advise me as to whether the court will grant any maintenance/ alimony if she resigns from her job. Also to mention that she has an experience of around 10 years in jobs.
Pls. help me to take a decision.
Abhijeet
JAYWANT UBALE
17 December 2013 at 10:58
I, Jaywant Baburao Ubale aged 40 years, Occupation – Service, residing at 3 Mah Bn NCC, 3rd floor, NCC Building, Old Secretary Compound, Mumbai Mobile no 8080898240 quotes my reply in the Police Station:-
I the above mentioned residing as above since 05 May 2010. I am serving as an Weapon Instructor in Indian Army. I got married on 03 Apr 2005 with Ms Ujjwala Nagaraj Umale residing at Savarkar Nagar at Aai Mata Hall, Savarkar nagar, Thane as per Hindu & Buddhist rites. After marriage I lived with my wife, mother, sister at 404, Dattatray Apartment, Lokmanya nagar No 3, Thane (W) 400 606. I was posted in Binaguri (WB) and on termination of my said leave I reported back to my Unit after 10 days of my marriage. She treated rigorously and mischievously with my mother, sister and even me (on leave) which created differences between us. I got posted to OTA, Kamptee as an Weapon Instructor and was allotted family accommodation. In the month of Feb 2006 I brought her to OTA and in the month of April 06 she was confirmed pregnant and her treatment at MH Kamptee started. On 15 N0v 2013 in her 9th month of pregnancy her brother took her by Jet airways flight to Mumbai and because of this journey her placenta slipped down and winded up neck of the foetal due to which she had cesrin and the baby girl born turned critical and was admitted and treated at Soham Hospital immediately after birth. After discharge the paediatrician advised me to keep the baby girl under his surveillance for the next six months. I reported back to my OTA on 06/01/2007 and gave best instructions to my wife to take care of the child. She failed to do so and in the meanwhile she started torturing me and my family members by scaring us that she would file case against all of us vide CRPC 498 for demand of dowry. She voluntarily started living with my in laws without any information/permission. I applied for protection of serving soldiers family to Police Commissioner, Mumbai, Senior PI Vartak Nagar PS, Hon’ble Home Minister. On 31/07/2007 we both were summoned by Vartak Nagar PS but she did not agree to sign any kind of compromise and the differences between both of us again raised and I reported back to OTA handing over her our child. In the moth of Sep 2007 it was declared that the kid was infected by cancer and was admitted by me at Tata Memorial Hospital, Mumbai where she got expired on 12/10/2007. My wife purposely failed to attend our daughter’s funeral. After that I issued her notice for divorce through my Advocate, she failed to reply hence in year 2008 I filed an divorce petition in the Civil & Session Court, Thane vide case no MP 35/2008 (further revised no A 331/2010) and its still in process. After that she filed case against me & my family members for seeking dowry.
In between she applied for maintenance vide CRPC 125 case no E 304/2010 and I started paying voluntarily Rs 2500/- pm. On 04/02/2010 we both signed consent of terms for divorce under mutual understanding and signed it happily but later on after few days due to her mischievous behaviour she applied to withdraw the same and even filed case against Domestic Violence Act against me and my family members which is under process. She repeatedly reported to my various Senior Officers with false allegations that I have remarried and that I have given birth to an male child and tried to spoil my image in front of my Senior Officials and society.
After that I got introduced with Sneha Chudamani Survase who said me that she was 03 months pregnant and her boyfriend deserted and had not come back and she wants a house, I agreed to sale my house to her and sold her my house for Rs 10 lakhs and necessary papers were made on 05/02/2012 and she occupied that house, she further said that there is no one behind her and do not want the forthcoming to
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take birth without having name of his father. So if I can help her. I assured her that I will give my name to the forthcoming child; hence on 26/03/2012 I accompanied with her at Maher Maternity Hospital, Thane and completed the formalities. I signed on behalf of her husband but actually we both don’t have sexual or any kind of relationship. My wife has made an issue of this social service made on humanitarian grounds and is trying to spoil my image alleging both of us.
Now the Army authorities have taken up my case for termination to senior most superior authorities. What can be the decision and the actions I can take
Bablu Ghosh
17 December 2013 at 06:02
In a mutually consented divorce case I am from the petitioner 1 side.Case has been already filed in Motion 1 date.Motion no 2 date is nearing.It is apprehended that petitioner no 2 may not appear on the motion 2 date.What will be the implication
1)Whether the court will give a second date ,so that both petitioners appear OR
2) As petitioner no 2 has not appeared case will be resolved giving the decree of divorce in favour of petitioner no 1.OR
3)The case will be dismissed without passing any decree
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Dowry + female baby birth hrasshment,domestic voilence
Dear expert
I got married on 20 Jan,2010.it was arranged marriage
just two days before my wedding ,wen all plans were done
my father in law called my papa n said " manda ji, dahej do to rajesh she jyada dena warn a mat dena..''
my brother in law who got married 13.3.2009
his name is rajesh
my father did wedding to his best extend,at the main time,they said ''khanna a cha Honda chahiye,subhash me band me dost log ayege,,
we did the best arrangement they told us that abt 500 guest will come but there were hardly 200
I was working as TGT teacher in Ambuja cement public school.
but my husband subhash told me to resign.
so I did
on wedding nigt my husband told me urr papa has gifted me sofa which sud not b given instead must have given bed,my parents r asking,gold chain which or papa has given is very thin
my mother in law starting abusing me.I did not tell my parents as my mother is ployneuropathy patient
we went to Jaipur,where his sister stay for a week,she started humiliating me by saying ,,,,tumhare pass h hi kya books me Siva,as I was writing govt exam
on 5 Feb we went manglore
my in laws stay at Mangalore.
after going 5-10 Feb in between my husband called my papa
they asked m e t o meet household expense,so I joined kV 1 pan bur Mangalore
on ad hoc basis
my husband went on ship,,on15.3.2010
he never used to talk to me,never had any physically relation.I thout he may b shy natured n must give him time
after his departure my mother father in started abusing me more,although taunts were there,like,,,kapde naahin diye there main baap he,kharche me praise LA,bandariya,,,
they said Hamelin bacha chaiye,tu bannnjh h ,n took me to gynecologist, I was Mumm,thinking DAT god will listen to my situationa.
did wat they wanted,although they had govt paid maid but asked me to to all things
I did ,n worked in school
gave them salary,but salary cheque was account paid,so had opened account in canara bank.this irritated them,I don't know why
wen husband came they started complaing abt me as I had made marriage certificate n accoutnt
they did gave me single penyy for my expenditure
neither my husband.said'''tu parlour eye brow ke liye nahin jayegi''
I did like that,I loved my husband,I worshipped him like god
I wanted him to have physical relation but he said''tu achi h lek in plz don't ask me for sex.''
I was mumm
my father in law wen my husband was not there,n mother in law out use to do toilet with open door of bath room
here I will mention that he was de-comissioned in his previous job (indian navy) for attempt to rape.
use to play hot songs in tv with full volume n asked me to sit n watch tv
I deniedour house was on ground floor,once i saw him peeping in night from my room window
he had I'll eye on me
2 .8.2010 ,,,husband came baak.
same scene no talking..no relation
during diwali 5.11.10
we came to celebrate it with brother in law n his wife at Jaipur
my papa came to meet us
they sarted complaint abt me
I cried a lot whole night,was unable to understand where I was wrong
small kitchen matter they called my mom n complaint
I stareted bleeding
my husband was either sailing or going to Mumbai for his job courses
he hardly called me
all time I only called him,msged,mailed,I use to cry all time .my weight collapsed from 56 to 44 kg
I was preparing.for exams
on 27.2.11
I requested him to have relation so that we can HV baby,we had
on 28.2.2011 he went bk Mumbai
that night conceived baby,my mummy underwent uterus removal operation.I plead them to let me go to meet her.
but they said no,they took my cell phone,didn't allow me to talk to anyone.but I told them I will go to Rajasthan,so did come to meet my mummy
I between I cleared one kV school exam written
wen I went bk,may2011
again joined kV,gave them salary,
my husband use to abuse me,my mother in law ,father in law all abused but i was mumm.had singke target that my baby must not get affected
20.11.2011
I had labour. pain , but in hospital mother in law started abusing me DAT,,,she is list h happy to see. this baby..called rajesh n told the same
we came to Rajasthan
april2012
in. family function.
same scene, no talking..husband was least interested in me
they told my papa to take me,n snatched my jwellery
that time husband was sailing
I was with my parents from 8.5.2012 to 14.2.13
he hardly called me,all time warned me telling that he will never come to talk
Feb,2013
he came saying sorry
his parents did not cum with him
I went with daughter ,we decided to not to go Mangalore,instead will stay. in rented house at Jaipur,but. he took me to brother houses,there. same scene again started now brother in law n wife,my husbandsistr
all. abused,pulled my hairs ,thrown me out,I started bleeding
I came to my father place
14 april2013
again they came with. his papa
say in things will not repeat
took me to village near solar
we stayed,samme hitting
10 days after staying. mother in law came.
brought me my parent home.left me
wen I call led he said 'urr language is at jaipur
,take. from there
I went to bring
I founn my money jewelry ,hospital paper missing
now no contact since12..5.2013
on18.5.2013 ,,my cousin met an accident, expired
so didn't ask u for so long
wat to do no?
Kindlly help me
how should I move
santosh kumari