Giridhar Shettigar
27 November 2013 at 20:09
Dear Sir,
I had filed a Petition for Restitution of Conjugal Rights U/s 9 of H.M. Act on 30.06.2009 at the Court of Civil Judge, S.D. Kalyan, Maharashtra.
The Order was Passed in favor me on 18.07.2013, saying "The respondent is directed to go the petitioner and restitute the conjugal rights with him within a period of two months from the date of this order. But my wife still not come to my house. Now I would like to take Divorce from her.
Kindly, let me know that when & how can i apply for divorce.
Regards,
meena kumari
27 November 2013 at 17:08
Sir.mere husband ne basane ka case lgaya hai par usme mere ghar ka adress galat likhwaya hai.hmne women cell walo ko kitni baar kaha ki mere husband agr basana chahte hai phr case q lagaya .upar se address galat diya hai.na mujhe yeh pta hai ki kis court me lagaya hai.agar na pya chale to kya mere husband ko akele divorce mil skta hai mere sign k bina.ya adress galat likhwane ka koi fayda unhe mil skta hai.i hv a kid agr main unko divorce na dena chahu to kitne saal tk main unko latka skti hu
Ahsan Ullah
27 November 2013 at 15:04
Please suggest:
My wife filed a fake case against me only(Not my family. She made a concocted story, on the FIR she has written- that she has given me a lots of dowry(nothing is mentioned what she has given me as dowry, she also said that their parents has spent a lots of money for this marriage and arranged lavishly. She also mentioned that i want 2 lacs of rupees( i m earning-salary more than a lac per month), she also allege that i want a i20 car(I have car with driver, bought in 2010), she also allege that i have aborted her two times by force an a hospital(she never conceive, she further allege that i m threatining her that i will kill her. So FIR has been lodged U/S 498A, 313 Dowry Act, 3/4 and 323. I have surrendered in the CGM court, the CGM court has rejected the bail, then i go to jail and after spending 8 days i got bail from district court(2012). The charge sheet has been filed and only two sections are imposed on me(498A and 3/4). The case is in witness stage. There are only 4 witnesses from her side(Girl, father, Mother and Maternal uncle).From my side 7 witnesses i there. Her father has given his statement.Now they are not coming in court this their 3rd time they don't appear.
My question is if she defeated me in the court how many years judge will impose on me?
The truth is that i have nt taken any dowry, i m living in Delhi and she was with her parents then how can i beat her. Every thing is a concocted story.
note: in the entire FIR not a single date is mentioned.
Please suggest
Renuka
27 November 2013 at 14:28
My husband got married to a foreigner in the year 2005 and has two kids from her.He is right now staying with her abroad.
I had filed maintenance when he deserted us and won the case but the arrears in both Interim order and after the final has not yet been deposited or given to us.We had sent an arrest warrant to his home town address as mentioned in his petition since we were not aware of his present address abroad. It returned without being executed. The lawyer from his side is not agreeing to furnish details of his current whereabouts.
I am still his legally wedded wife.
To prove that he is married again without my consent while I am alive, i have photographs of him with his kid, his wife with both kids, his friend who was a witness for our marriage with him as well as his second wife and kids.and some snaps taken during get together s and family function where in he is been photographed with his wife and kid beside him.Will I be able to prove that he has done bigamy and can a criminal action be taken against him? Under what other sections can i file a case with these snaps as proof.
Can a complaint in the local police station be fruitful? under what section can I file a case at the local police station. He is an NRI and living abroad since 2002 till date. The case in local court was attended by his POA holders and lawyer though he appeared before the court only during the last session when he was called to give his say before the final judgment was passed.
We have not met personally apart from the day of the final hearing and once when he had filed a divorce case in his hometown where i was called for counseling along with my kids way back in 2005/2007.The divorce case got dismissed for lack of jurisdiction since the wedding and last place of stay was in the wife's place.
Gopan
27 November 2013 at 14:18
I'm the respondent in a divorce case filed under HMA 13(1) on ground of impotency and mental cruelty arising out of non-consummation of marriage which lasted only one month.
I've undergone potency test by state medical board on my application for the same in court,and the report is in my favour.
The petitioner, wife, filed application under HMA-22 & FC Act 11 for in-camera trial for petitioner, respondent and all witnesses including the doctors in the medical board.
I opposed the same saying in-camera should only be allowed for petitioner, and not for other witnesses especially the doctors in medical board.
The FC passed the order allowing in-camera trial for the petitioner only. The order says the above petition was filed u/s 11 of FC Act and nothing mentioned about HMA-22.
Now, the petitioner approached the High Court against the FC order on contention that FC ignored the given below points:
1) Sec 11 of FC act clearly states that 'In every suit or proceedings to which this act applies the proceedings may be held in camera if the family court desires AND SHALL BE HELD SO IF EITHER OF THE PARTY SO DESIRES.
The court failed to understand the meaning of the word SHALL used in the above section.
2) Sec 22 of HMA 1955 also mandates a procedure to conduct in camera.It also imposes an obligation to the courts conduct trial in camera. The word used in both sections 11 & 22 is "Proceedings" which means entire proceeding in a suit from start to end.
Sec 22 of HMA also casts a mandatory duty on courts to strictly hold the proceedings before it in camera.
So, allowing the in camera only for the petitioner is illegal and should be set aside.
Now, please help me to clear the following points:
a) In such a case involving personal privacy issues like impotency, should FC court allow in camera for entire proceedings even if the respondent wants open court trial for himself and witnesses but not against in camera for petitioner only?
b) Why should the evidence of doctors from medical board which only says about the potency of husband be conducted in camera? Even the husband wants open court.
c) It would be helpful if anybody provide any judgements from HC/SC regarding in-camera proceedings which totally deny or allow for only one party or selected proceedings in one suit?
Please advise.
SURAJ SINGH
27 November 2013 at 09:59
Dear Sir,
Please advice me can I proceed further for second as My first marriage was done in may'2013 without my permission and also in under pressure, but there was no any registration was done in first marriage and its also held in village. So please advice me can I do a second marriage with registration in court and it will valid or not please advice me.
Regards, Rajesh
498 Exploited
27 November 2013 at 09:43
Dear Sir,
I am planning to file a divorce case against my wife on cruelty ground .. her parents are staying in jharkhand.. and previously i was staying along with her in Ludhiana , Punjab where some local persons were there who were known to her and her father and in assosiation of them they tortured and bullied me and my parents there .. can she transfer the case in Ludhiana, punjab on any ground .. currently i am in Himachal pradesh.
Kindly advice
AJIT
26 November 2013 at 20:01
Hi Sir,
My wife left without notifying after a fight (which was been provoked very subtly) and is at her parents place.
My parents tried to talk over and resolve matters as things were not right between us
in the first place due to small misunderstandings. they are not at all showing any flexibility.
They sent a notice later which was as follows after 2.5 months of separation on 498a, 125b and others that will be applicable, and
5 lakhs each for mental / physical torture and again the same amount on doubting character plus 25K per month compensation.
And also they mentioned that she is ready to establish conjugal relations back in our marital life.
However, after meeting the lawyer in person, we are told to talk to the party directly and vice versa (shuttling)
Most of the allegations are false , ups and downs were there in life but, they have also written that if we fail to go with
the above, dowry, DV, 498a all will be applicable to me and family.
good time were there. But things used to be hidden from me, mis-communication etc.
We both used to talk about getting separated due to the problems and misunderstandings but I got used to get impulsive but never wanted her to leave.
I always felt emotionally insecure and wanted to be around her. but she ignored and by and by physical and psychologically we were drifting apart. Maternal influences on the relation affected lately the most.
All reports of how things are would be talked were outside the 4 walls while she was with me.
She meant it always seriously some times threatening me to leave home or do something to herself as she wants to see me happy at all costs etc she would say when she knew that I want to see happiness with her.For which I had behaved harshly and she left without informing me nor my parents until next day we came to know while we went through trauma of trying to find her, calling her etc..
Parents of hers sounded very casual and blamed me of my behavior and did not even care to inform she is on their way, basically it sounded pre-planned.
I am in B'lore. Kindly advice which path should be taken as my parents went there personally but they never even talked properly, forget even meeting up.
498a, DV, RCR, 125, notices, compensation .. I am not sure on how to respond to these. My parents were never here. no dowry was asked, yes there were misunderstandings which seemed never ending and quarrels, harsh words, but separation is beyond
Man is the one who suffers if he marries ..
he got to take care of 70+ yr old parents who have been with him life long and then go through all of this with the thought that wife always would be there for a lifetime. I don't know where to collect proofs, what all to be done. She was working at a school.
Onlinework
26 November 2013 at 19:04
Hi,
I am Mahindra from Mumbai. I got married on 1 year & 6 month (18th May 2012). this was an arranged marriage and we were engaged till 6 month before marriage. We don't have any children right now. We stay together in one flat but she sleeping in my bedroom and I am sleeping in hall. We don't have any physical & Sexual intercourse (unjustified separation of 5 month).
I am not working now since last 6 month. There was some issue was in my last job so I was quit that job and I told her before quit job. Last 6 month I am searching a job. She was also working but after we start little problem she also quit her job and she without inform me and my family she quit and she told us after given resignation and she given us reason there was some problem that’s why she given resignation. After quit job she as home only and she was watching on me. What I am doing. With whom I am talking. Where I am going with whom etc.…
Last 6 month some issue going on with us. My and my wife nature is not match. She always doubt on me. And she follow me every wear. She has problem if I am talking with any one either that my sister calls or any client call or any friend call. She has complaint about me to her family that not giving her my full time and care. You have time for your family and friends only. She say last 1 year I have not full fill her requirement I have not given anything to her. But whatever I can do for her I have given everything for her. She also said that this all happened as I was not a good person, used to drink and going to beer bar and having sex with that girl etc.
Always fighting and doubting, ask me take her also everywhere I go for official work or going to meet any friends etc. She used to be busy in chatting with her friends on phone. I ask her with whom you are chatting entire day she say with my sister. Morning 7.45am to mid night till 12am she is chatting continuously. She has started fought with me and always arguing with me. I was always crying in the day & night.
She is very rude and doubtful. She starts blaming me too like you love another girl or you have affair you sleep with another girl. Day and night she fight with me. Without my permission she is checking my cell and my call history and etc. She talks daily 30 minutes - 1 hrs. with her family and she is getting wrong directions from her family and my big brother & Bhabhi. My big brother and bhabhi they both are supporting to her. She is not cooking for me & not doing at house work.. And when my parents asked her to do with care or whenever they gave a proper advice, she burst in to anger and start fighting. Now she even stopped working at home, I have made her understand so much but in vain.. She put whole my family matters to her family and friends with wrong clauses added. My family and her family we seat 4 to 5 times and we discuss & convince her mutually about the same that time her parent and she say she will not do such thing again she remains good for some 2 to 3 days then suddenly she starts these issues all over again, she has started treating everyday that I will called police and all shit. Her parent also given me dhamki we are launch case against you. Etc. she and her family told me they call some 3 or 4 man to TEACH YOU A LESSON properly. She has started going to by brother house and doing her own bad activity. I really want to get separated from her and tried to convince her mutually as we both are not happy. But she says I will not leave you but ruin your life if you will not act as per her and her family. Its a kind of blackmailing directly, All Family and relatives are also proofs of her bad behavior. She fighted in front of all of them.
She is doing mental torture, physically harassment, beating etc. she is torturing me by yelling, crying, everyday.
I have Audio recording she was fighting and shouting with me. This audio can be help?
I am not earning now and I don’t have nay property in my name. My father has property his name and he is earning. My Parent who never stayed with us since marriage. Can she claim for money or property?
Please tell me can I get divorce from her, I know she will not leave me anyhow but I want to do it by law, I made our marriage certificate too and joint bank account. She is not ready to give divorce.
Pls advice or give your suggestion what is my next step. How I will get divorce with my wife.
Thanks,
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Cross - examination by a law graduate (not advocate)
A petition was filed for legal separation by a law graduate not registered as an advocate. His wife submitted copy of F.I.R. u/s 498A, petition of maintenance u/s 125 as her evidences. Petitioner himself started cross-examination of his wife asking only six questions related to the case. Opposite advocate states that they will ask many questions and cross-examination will be long and he should not be permitted to continue. Judge agree with the opposite advocate and ordered to hire an advocate to continue cross-examination. Whether a law graduate petitioner can continue to cross examine in this case.