pushpakrishna
20 November 2013 at 17:31
Dear experts,
I have to file a divorce petition of mutual consent by the both parties on behalf of the both.whether i have to file as
xyd .....petitioner
Vs
ABC .....Respondent OR
XYD and Another .....Petitioners
kindly clarify with fulldetailes
The both are decided to have divorce by the Hon'ble Court as there is no possibility of reconciliation or re-union though many efforts made by the both sides.
swathy
20 November 2013 at 16:59
I am a doctor by profession aged 26 years.I got married in May 2012 to an IT professional.Since marriage he has been harassing me after getting drunk and violently abusing me verbally even during my pregnancy period.I was not allowed to work or visit my mothers house. Even for delivery he did not send me home in this same city.After my delivery he started ill treating my new born baby by shouting at her. After one month I argued and came home. Again after 2 months i went to my husbands house. For one week he was all right but afterwards he left me in my mothers house while going on official tour.Then after 3 days he came fully drunk and shouted at me and the baby in my mothers house. After 2 days he came again and shouted in filthy language and threatend divorce and told he does not want me or the child. He threatenened that I should not enter his house again. I was not given any financial support for me or my child after my delivery for the childs maintenance.He has come so many times before drunk and shouted at my mother and abused her verbally. Now his main demand is that my mother should give money to him for buying a flat of one crore. His parents also come from kerala every month for 20 days and support his drinking and illtreating me. He even told me that I have to prove that the baby is his own. I became pregnant one month after marriage. I was working before marriage in a hospital in bangalore. I dont want to go for divorce since my baby is 6 months old and I am giving him time to change his ways. by going for de addiction and by stopping violent behaviour & abuse after drinking alcohol. He is a alcoholic and will coontinuously drink for 3 days. Now my problem is that I have got an offer for higher studies from Germany with stipend to maintain myself and baby.I applied for a passport for my baby.I got my passport reissued since the earlier one was issued when i was 14 years old. I got my spouse name added in the passport with marriage certificate. As per the passport guide lines I have to produce Annexure G as single parent applying for passport for minor child.I submitted Annexure G & Annexure C as per Passport office direction.In annexure C I have given affidavit as deserted by my husband as that is the fact. He is not contacting me since 7 months nor supporting me financially.He was disappointed since it was a girl child and also when after delivery doctor told that the baby is having some heart problem. I am not having any income to go for legal case against my husband nor I am having any intention to go for divorce. My main problem is now to support my baby and myself after getting a good job by going for higher education. I dont want to depend on my parents for my expenses. I have submitted Annexure G thrice to the passport office signed by judicial magistrate after convincing him about the facts of my case.The passport office people asked me to submit the same after giving the reasons for not getting the consent of my husband in Annexure H form for issue of passport to our minor child. I gave reasons as my husband is not giving consent because he does not want me to go for higher studies and that he is nor supporting me fiancially after some difference of opinion and i have to support my baby and since I have an offer for residency from germany with stipend being paid to me I need my passport for my baby since the baby is small and feeding baby and I cant leave her behind.I need money to support my expenses and for the babys medical expenses. The third Affidavit in Annexure G was not accepted by passport people saying that it is not valid reason. They have not kept this in file and returned to me saying that my husband has to come and sign in passport office. How can I get my abusive husband to sign papers for me. If he comes to know that I am studying and working he will kill me and the baby. He has income of about 2.5 lakhs per month but he will not give anything. Is there no way that I can get my passport for the baby. This was my last chance to support my baby but that is also gone. I was not allowed to see RPO In bangalore by the office people. I wanted to put my grievances before him. Laws are to make problem for genuine suffering people like me or to save them I doubt. Just because my husband is a bad man I have every right to bring up my baby with a decent income.This is kind of punishment to me and the baby that we cant live in India. Even if your husband is abusive you have to tolerate him for society sake and social stigma sake. What mistake have I done. Is not my fundamental right to study and become financially independent with a respectable livelyhood. why only the woman should suffer. The passport people are telling that I am not divorced or legally separated so they cant give passport to my baby. Are they forcing me to take divorce. Another point they have pointed out is that I have mentioned my husband's name in marriage certificate and birth certificate of my baby. My baby is not a illgitimate baby then why I shouldnot mention her Fathers name? I need legal advice as to what I should do. It is only 10 days since i have got denial from passport office. They have not given me any thing in writing refusing passport for my baby. Somebody please help me. I dont know any legal points. I read one case of Delhi High court where somewhat similar case was dealt. This is the question of my life and my babys existence. I am in a miserable position. If i get a job in india it wont be enough with my qualification for the expenses of both of us since doctors are paid poorly hardly 15000. Do guide me please.
A grieved mother
Mrunmai Deshpande
20 November 2013 at 07:20
I am a young man of 30 years of age. Due to severe difference of opinion my wife had deserted me 2 years back. Now we have decided to go for mutual consent divorce. As both of us are coming from lower income group we can not afford the legal expenses of divorce which are approximately Rs25000/-(as we are told). Is there any alternate way or any free or low cost legal service provided for poor patients. Please suggest.
Sudhir Lohar
19 November 2013 at 21:16
DEAR SIR/MADAM,
GOT MARRIED IN 1997.
TWO CHILDREN.
10 YEARS BACK MY WIFE ATTEMPTED FOR SUICIDE FOE A SILLY REASON.
ACCORDING TO HER SHE HAD ATTEMPTED ONCE IN HER COLLEGE DAYS.
NOW ALL HER FAMILY MEMBERS ARE DENYING THAT.
INSTEAD OF COUNSELLING HER THEY ARE IN DENIAL MODE.
FURTHER THEY ARE INFLUENCING HER MIND AGAINST ME AND MY FAMILY MEMBERS.
NOW SHE IS VERY MUCH FRIGHTENED AND BEHAVING VERY ERRATICALLY
KINDLY GUIDE ME
Bijay Jena
19 November 2013 at 19:59
I am not able to get the specified form 'z' which is required to mention the exhibits that are to be submitted in original in the court if anyone can please provide me a scanned copy of the form.
Damayanti
19 November 2013 at 18:51
My question is
What is correct/settled position of law as to ‘introducing documents/exhibits while cross examining the opposite side’s witness (either the opposite party to suit or other witnesses of opposite side) ?
My belief is that ONLY the Respondent/Defendent (against whom the liability is alleged) in any original trial are protected from unfair 'surprises' (new documents/exhibits during cross) ................ BUT plaintiffs are NOT protected against any surprises, as plaintiffs are supposed to be aware of "facts of case and subject matter" and are expected "not to be surprised about their own grievances/contentions (alleged rights accrued).
The situation is as follows:
Plaintiff's evidence stage is going on …
Plaintiff has given Exam in chief.
Now, the current status is as follows:
§ Respondent is taking plaintiff's cross exam/confronting the Plaintiff in cross (i.e. plaintiff is being subjected to cross exam)
§ Respondent has a surprise document to expose 'vexacity of plaintiff'!!
§ I got only one case law so far of BOM HC (2011) which suggests 'plaintiff's mischief can be exposed' and there is NO need to publish ‘surprise’ document before hand else the plaintiff gets a clue as to what is comming!!!!
1. So Order 7 R 14, Order 8 R 1-A and Order 13 R 1, read together an exception is carved like Respondent is NOT using the abovesaid ‘surprise’ doc to support/prove Respondent’s plea but to demolish/disprove plaintiff's plea!!! and thus/hence there is no need to give notice /list of docs while filing WS vide Order 8 Rule 1-A, else the surprise element in cross examination would vanish. And it is as good as giving a list of 'likely questions in cross' in advance!!!!)
But in support of above I request some more legal expert opinion, and some more guidance from experts, and also SC/ BOM HC cases laws.
I have a few genuine doubts as well!!! as follows. Please comment on those. thanks in advance.
In regards to production of documents/list etc CPC provisions as ….
In Order 7 Rule 14, wording is as ‘…… plaintiff’s witnesses …….’
In Order 8 Rule 1-A, wording ALSO is ‘…… plaintiff’s witnesses …….’
(Both are referring to plaintiff’s witnesses)
In Order 13 Rule 1, wording is as ‘……witnesses of the other party ....’
(my question here is … what about ‘defendant’s witnesses’??? I thought initially there is a printing mistake in CPC bare act that I have, but it is not!!!!)
Thus, the Respondent wants to 'disprove' the plaintiff's version of facts and expose vexacity/mischief!
There is no such burden upon respondent, but respondent taking onus to do so. if plaintiff's version of 'facts' remain 'unproved' still it is sufficient.
Vide WS, the Respondent has not only explicitly denied "plaintiff's version of facts/incident" but also alleged a new "respondent's version of same facts/incidents" etc Whether Respondent's version of facts get proved or not is not a matter of concern (as there is no counter claim by respondent), if plaintiff's version of alleged facts get demolished, then there remains nothing in the case!
Please clarify my doubts as follows (I am confused after reading those case laws):
There is another BOM HC case law which says (as to O7 R14, O8 R 1-A & O13 R1):
“ …. there is distinction in the term witness and a party to the suit …”
“The party to the suit cannot be equated with the witness and cannot be confronted with a document by casting surprise upon him, particularly when the documents were not filed by the plaintiff along with the list of documents on which he is going to rely upon.”
Thanks
gururaja
19 November 2013 at 17:51
My sister got married 6 years back and have one child. They have so many familiy issues. Every time my sister is blaming her husband and he is blaming my sister. He is blaming that my sister threatening him to commit suicide. She is very afraid that he will leave her. Every time we console them and for sometime there will not be issues. Then again it comes. My sister is saying that her husband dislike us coming to their home and interfering in their life. But he is saying that my sister is abusing him , his parents and sisters. Some time back, our father expired and we partition the property. That time also, we got issues. One big wrong my sister did is she came to our house without informing him. So he filed conjugal right case. After that, sister attended the case and she went with her husband. Our father's death effected her a lot and she is not able to tolerate the separation. Also, we are not talking with her. In this depression, she tried to commit suicide also. Then we showed her to doctor and they told that she have Paranoid schizophrenia. She was under treatment for last 10 months. What happened, we dont know, she stopped medicine and he is complaining that she is acting very violent. He admitted her in hospital. They told that she is suffereing from Borderline Behaviour disorder. Now she is with us. We are afraid that her husband will file any case on medical basis. Pl do advise us what to do. But she wants to leave with him. If he does, can we file any dowry case against him or his family?In this, my sister's son is effected most.
Rakesh Malik
19 November 2013 at 13:01
If someone make a compliant in which he provides address where he/she do not resides. I mean a person is staying at address x and in complaint mentioned address is y. Is that complaint legal. Is it offence providing wrong address to police. If yes, under which act of IPC.
Rakesh Malik
19 November 2013 at 12:59
If someone make a compliant in which he provides address where he/she do not resides. I mean a person is staying at address x and resides at address y. Is that complaint legal. Is it offence providing wrong address to police. If yes, under which act of IPC.
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Live in relationship permission for an ais officer
Being an AIS officer, I had been married for 20 yrs but after that due to extra marital flings of my wife, I filed a DV petition in 2004 n fought it with full intensity in my place of Cadre n den in Delhi too for almost 9yrs. But Thx to the Indian Family Courts, my DV petition couldn't even cross the 20% of the Prosecution. Completely fed up with this mess which was taking a toll of my High profile job, I absented myself which led to dismissal of my DV Petition. I had been paying regular IM to my spouse till the dismissal but since then , no IM is being paid since she didn't move any Appl. I had already proved in the Family Court, Delhi with Doc evidence that all my savings of 20 years were already on her& kids name . She is a lady worth 1 Cr n Court taking a cognizance of this did pass an observation that " she hasn't come to court with clean hands"!!!!!
Out of court settlement was also tried for almost 2 yrs but despite of me agreeing on the demanded amt , she deliberately withdrew. She neither wants to give me divorce nor wants me to settle down in life. Our two sons are adults n financially well settled.
AIS Conduct Rules , 1968 don't permit a 2nd marriage so whether under these circumstances, any Live in relationship would lead to MisConduct as per AIS Rules as well as any Family Law of the Land???
Pl advice.