jagjit singh
04 November 2013 at 20:03
SIR,
MY WIFE HAS FILED 125 CRPC CASE AGAINST ME. I HAVE TO SUBMIT THE REPLY ON NEXT DATE. IT IS MENDETRY TO GIVE HER MAINTENANCE ALLOWANCE TO HER OR IF I PROVE THAT WHAT EVER THE REASON SHE IS TELLING IN COURT ARE FALSE , THEN SHE IS NOT ENTITLED TO GET THE MAINTENANCE. OF WHAT I HAVE TO PROVE , FOR NOT GIVING HER MAINTENANCE. I WANT SHE SHOULD COME BACK AND STAY WITH ME.my wifes qualification is, she ia double MA, B;ED, PGDCA DIPLOMA IN NTT AND WAS SERVING IN PRIVATE SCHOOL.
Ashok Kumar M
04 November 2013 at 19:15
Hi... I got married to an unscrupulous, unethical woman in April-2009. Her father is a police constable in Karnataka and after several interactions with him & his daughter (prior to marriage), I understood that it's the third rated family. Her father is the most corrupted police person in the town & got suspended several times! Despite this I had overestimated about this lady considering her education & I was succumbed to my family members' pressure and got clutched in her hands. This is the biggest blunder of my life! She is a qualified dentist but the so called tag of doctor/dentist is only in the vowels & consonents! She is disgrace to the noble medical profession and one could never find a quality of an educated woman in her. She has inherited all possible dirty, cheap & third class qualities from her slobbering father! Well, things were pretty cool for a while...but the main motive behind this marriage was money. She wanted to pursue post graduation (MDS) and for which her family wanted to use me as a financial source! Things changed after 6 months of marital life and her father started showing his police power on us. He used his own daughter to play games with me for money and created epic movies in my family. The routine events such as.... black mailing, blaming my family members, showing irritations etc... Finally no SUCCESS achieved. In retaliation, father & daughter duo did few frivolous & routine cheap tactics what other PIMP fathers (who do not hesitate to sell their own daughters' skin to others) do & mis use the law... They are:
1. First, On her father's instigation, she left my house in June 2011 without any intimation, communication (in the pretext of home sick...and would come back later). I was mentally prepared for all the events after seeing the black-buster movies played by her...under the direction of mega director - THE FATHER & her brother!
2. Her father metamorphsed himself to be eunuch & started sending/intervening through mediators. Several meetings were called on but this eunuch did not have guts to come forward! He conveyed his demands through mediators over the phone & and I did not budge an inch for his unscrupulous conditions (He wanted his daughter to wear pants in my house; He wanted my family members to be away from me; He wanted me to give my entire salary to his daughter etc.... & thus the money can be routed to his personal account! etc.)
3. Having faced the failure to get me in their control, She (rather He...the third class bastard & his ego) filed maintenance case under Sec 125 CRPC against me in the first week of Nov-2011 in her native town. The notice was served to me at my office thinking that I would get scared
4. After 30 days, i.e. on 30th Nov 2011, she (he) filed 498a, 506 & 3&4 DP Act in local police station in Bangalore. She included all my family members (Parents, 2 brothers, 1 sister & my brother in law; None of these people ever lived with us in Bangalore)
5. I went to police station and none of my family members were arrested. I got the bail on the same day...and after a week, all my family members also received bail.
6. Later, Police removed all my family members' names from the charge sheet except mine. They are exempted from attending the court proceedings.
7. Both 125 CRPC & 498A are being contested in Karnataka in two different places. 125 CRPC in her native place (60 KMs from Bangalore) & 498A in Bangalore. No further proceedngs ever since they were filed other than me presenting in front of the judge
8. 125 CRPC - Her evidence is over; As usual, she acted under the direction of her father! Judge gave a her a chance to join me...and she agreed for that. I accepted the proposal and was with all my family members in front of the court to take her back. The moment she saw my family members, she took a back seat and changed her words.
9. Recently, she got her post graduation (MDS) admission somewhere in north karnataka and for the last 5 sittings, she is not appearing for 125 CRPC trial. Now the case is posted for cross examination
10. Her father comes for every trial and pleads the court to postpone giving excuses that 'she is not well, she has exams' etc.
11. Last time, the judge gave a strict warning to him that next time if she doesn't appear for cross examination, the case will be dismissed
In these circumstances, I need few advices from the experts....
A. Marriage was solemnised as per Hindu traditions in her town. No dowry, gifts, favours OR any other benefis accepted from their family. We never wanted!
B. Post marriage, we lived in Bangalore until the separation (June 2011). Thankfully we have no issues.
C. We have been separated for 2.5 years now
D. She will not turn up & join me for another 4 years considering that she is pursuing her masters degree
E. My native place comes under the jurisdiction of Chittor district (AP) family court. My town has a small JFMC.
1. Can I file a divorce in my native place (i.e. Andhra pradesh)under the grounds of cruelty, dessertion?
2. I some times believe that if I wait until the 125 CRPC is closed, I will have better chances of contesting in Divorce case! Is this correct?
3. By filing the case in Andhra Pradesh, I would want them to travel all the way from Karnataka to A.P. The chances of they descending down for mutual consent divorce/separation are higher! Is this the right approach?
4. In 125 CRPC, the court has understood that she was creating the story & observed my willingness to take her back into my life! My evidence is not over yet! Now, her father is not willing/daring to send her back. If I stand by my consent to take her back, what are the chances of her case getting dismissed?
5. I am already 38 now....and the chances of getting married again is diminishing. If I go for clandestine marriage without any proof, would that work? Some of my friends are suggesting me to keep everything confidential & save life
6. In this situation, what will be the maintenance amounts that court can reward to her?
7. She doesn't deserve any forgiveness as she has broken the trust knowingly. I won't be safe to live with her again in my life. What are the other means through which I can come out of these clutches easily.
Kindly advise me... I will be grateful to you if I receive a personal reply at mashok_kumar@yahoo.com
Bablu Ghosh
04 November 2013 at 15:38
What is the difference between Judicial Separation and Mutually Consented Divorce.If in a Mutually Consented Divorce,wife is the Petitioner No 1,but during the cooling off period wife withdraws her consent for divorce,the case is dismissed.But if the husband(Petitioner No-2)still wants divorce apprehending drastic action of wife on coming back,can the husband ask the court for judicial separation SINGLE HANDED and on what ground?Please help
Shiv Gawale
04 November 2013 at 12:24
Fast Divorce Guideline
Give me information, how I can do as early as possible divorce from my wife, 3 years before I had married, and I have one child of age 9 month, and she is not with me from last 1.5 years.
She had done complaints in “Paramash Kendra” against me as Dowry, Domestic Violence, etc. At result in front of “Paramash Kendra” she accepted her numbers of mistakes in during married life, she has given in writing her numbers of mistake, and I have sufficient proof of her bad behavior.
Now I want divorce from her as early as possible, let me know how I can proceed with fast way, give me details with proper provisions or act or rule etc.
In short give me details of fast way for divorce; Please help us for me and my family.
Alpesh Makkampara
04 November 2013 at 12:11
My wife had made false allegations angainst me and my family for dowery harrassement. She also alleged that we had beaten her and taken her coupboard keys and ornaments which she had accepted that ornament and keys were with with her and we have notary of that with her, her mother and father sign. How much this will be effective in court for us. Will she get maintenace if she is not able to prove allegations? I have 4 moths son also.
Yadagiri
02 November 2013 at 14:12
after divorce, how many days need to be lapsed for re-marriage?
jagjit singh
02 November 2013 at 10:45
SIR,
I GOT MARRIED TO A LADY ON GURUDWARA AFTER THAT MY BROTHER IN LAW HAS TAKEN MY SIGNATURE ON BLANK MARRIAGE REGISTRATION FORM FOR REGISTRATION. AFTER ONE WEEK I HAVE GONE FOR REGISTRATION WHERE THEY SHOWN ME THE MARRIAGE CERTIFICATE OF GURUDWARA, AND AFTER THAT I HAVE COMPLETED THE OTHER FORMALITY OF REGISTRATION. RECENTLY I HAVE COME TO KNOW THAT MY IN-LAWS HAVE GOT REGISTERED MY MARRIAGE BY SHOWING THAT MARRIAGE WAS SOLEMNIZED AT SOME TEMPLE IN PLACE OF GURUDWARA. ON ESQUIRING FROM REGISTRATION OFFICE I HAVE COME TO KNOW THAT IN THERE RECORD ONE GOZTED OFFICER GIVEN THE MARRIAGE CERTIFICATE AND ONE PUJARI HAS SIGNED ON MY MARRIAGE REGISTRATION FORM. BUT I HAVE MARRIAGE CERTIFICATE FROM GURUDWARA AND 150 PHOTOGRAPHS OF MARRIAGE WHICH SOLEMNIZED AT GURUDWARA. WHAT I CAN DO TO CANCEL THAT REGISTRATION. I HAVE ALREADY INFORMED THE FACTS TO REGISTRATION AUTHORITY. CAN I FILE THE CASE AGAINST MY IN LAW AND THE OFFICER WHO HAS GIVEN THE FALSE CERTIFICATE OF MARRIAGE. KINDLY LET ME KNOW.
Bhuvan
02 November 2013 at 09:14
Hello Experts,
This website helped me a lot in my case (S-125 crpc) and i have shown " Damanreet Kaur vs Indermeet Juneja & Anr" case to prove that i am not liable to pay maintenance.
Judge asked to petitioner's lawyer to submit rebut of this case(Damanreet Kaur's).
My Question is:
1) Is there any such rebut case?
2) to rebut, do the lawyer need to submit at least Supreme court decision ( as Damanreet kaur case was decided in High Court) + case date ( to be submitted by petitioner's lawyer) should be greater than 14 May 2012 (as on that day Damanreet kaur case was decided)
3) if possible, please give some sections or case reference for point 1 and 2, so that i can easily say about this in court.
Thanks
RAMJI
01 November 2013 at 19:41
Dear experts
This is related to a MC case in which wife after divorce filed for maintenance, husband filed counter, wife filed Proof affidavit in jan 2013 and date for cross of wife by husband was fixed in March2013. And from that day onwards, nearly about 5 hearnings WIFE KEPT ON ASKING DATES BY SOME REASONS /absent OR OTHER THOUGH HUSBAND WAS PREPARED FOR CROSS EVERY TIME... THE COURT WAS ALSO GRANTING SO EVEN AFTER FIXING "NO FURTHER EXTNS - 3 times.....once again last chance given for 11.11.13... this keeps on continuing without cross.... my questions are
1. How many times judge can give such adjournments? is there any limit?
2. Can husband file a MEMO THIS TIME ASKING FOR DISMISSAL OF HER CASE BY DEFAULT IF SHE DOES NOT TURN UP ON 11.11.13? as she is not prepared to adduce evidence thro cross and its affects husband rights to cross.
3.Suppose if wife appears and again on 11.11.13 asking for date, can husband file memo ASKING FOR COMPENSATION /EXPENSES for postponement?
4. Any other way so that pressure created to start cross or dismiss the petition or ask her to pay compensation to husband...
Regards
Ramji
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125 crpc
SIR,
MY WIFE HAS 125 CRPC MAINTENANCE CASE AGAINST ME WITH THE FALSE ALLEGATION OF DOWRY, BEATING HER. I HAVE ALL THE PROOF THAT SHE IS PUTTING FALSE ALLEGATION ON ME. CAN I FIGHT MY CASE AS IN PERSON IN COURT OR NEED THE LAWYER.