JATINDER SINGH
19 October 2013 at 18:02
WHAT CAN A HUSBAND DO TO GET RELIEF AS DIVORCE EARLY
PK
19 October 2013 at 18:01
I had filed a divorce case against my wife on grounds of cruelty in 2010. a transfer pititon was filed in the hounourable Supreme court in May 2012, and the matter went into mediation in february 2013. A settelment agreement was signed between us in presence of 2 witnesses and the mediator. the final order is awaited. however in this period my wife has started misbehaving with me on phone . I have recordings of her in last few days where she has even used abusive language.
Can anyone advise me what options I have. Is there an appeal process in mediation after the agreement is signed.
Thota
19 October 2013 at 17:48
Dear Sir,
I have been staying in Mumbai since 1984. But got married in June,1999 in Andhra Pradesh.
As per Hindu Marriage Act, 1955:-
Parties to the marriage have to apply to the Registrar in whose jurisdiction the marriage is solemnized or to the Registrar in whose jurisdiction either party to the marriage has been residing for at least six months immediately preceding the date of marriage.
Since I was staying in Mumbai continuously from 1984(prior to marriage), whether I can apply for marriage certificate in Mumbai(BMC offices)itself instead of Andhra Pradesh.
Kindly guide & help me,please.
regards.
Damayanti
19 October 2013 at 16:47
A) Making a Complaint against the judge before same judge
or
B) Rather the litigants & litigant's lawyer letting the same judge, on immediately subsequent hearing, to know that :- "A complaint is filed already against THIS Court and further details as to complaints are also being sent to HC"
or
C) the litigants & litigant's lawyer Informing to same judge, during proceedings, that "litigant is planning to go to HC for filing complaint against him as he has grievance against judge ... and thus asking to adjourn the suit for some reasonable period"
And hence/thus verbally asking the same Court to take further step (and leaving Question whether court prefers to relieve/recuse itself from the pending suit and transfer suit to another court or NOT on the Court itself, in the meantime) and thus be cognizant about litigant's plans of complaint againt him!!!! (all very politely of course)
My question is .....
Which all of the above A) or B) or C) amount to contempt of Court?
Is it mandatory to also file a transfer petition if litigant makes/registers a complaint against lower/trial Court judge before whom his suit matter is pending???
Omission to file transfer Petition by the litigant (for many reasons of financial reasons etc) ....
Isn't the High Court supposed to take first and foremost action of ORDERING A TRANSFER OF SUIT as a suo moto step?
or
litigant should file transfer petition as well?
SSV
19 October 2013 at 14:31
Dear Expert,
Just want to know that i have divorced from my wife by mutual consent without any demand or maintenance but when i was trying to go to the court for file the petition and asked her family to support for signature and other formalities they claimed the alimony of so much amount please advice what to do..
Reason of Divorce is dangerous disease..
Since Mutual Consent draft prepared and singed by both of us as well as our family / relatives where no demand mentioned. in this case if she demands alimony after above is that her rights?? if yes what about mens. Reason of Divorce is her disease which her father accepted in front of all during mutual consent that her diseases are critical and he told that we want divorce.
Rakesh Malik
19 October 2013 at 11:03
I have call recording of my wife with his boyfriend in which they are talking romantically. Sir actually the true story is this, my wife is with her boyfriend who is devar of her elder sister. That boy is also not at his home for last 10 months. My wife is also not at her father home. Now she is saying that she lives with her bua (father's sister).The day on which my wife left my home my father in law made the missing complaint of her in local police station. In his complaint my father in law mentioned that in laws of my daughter never demand dowry, never physically or mentally harassed her daughter.
After 7 days the day from which my wife left my home, she made a complaint in local police station accusing me and my parents for dowry and harassment. She also wrote that we have kicked her out of home and she is not abducted. When police came to my home we showed the copy of complaint made by my father in law. No action taken by police against us and we were given clean chit by local police. In closure report local police has written that girl has left the matrimonial home on her own will.
It is the incident of january 2013. In march 2013 my wife lodged a complaint in crime against women cell. When we get the summon we went to caw cell office. My wife asked for return of dowry and divorce in front of investigating officer. She submitted a false dowry list. But we had actual list signed by her father and her elder brother. When we showed our list that list was accepted by caw cell and we were given a date to return the dowry goods in CAW cell.
When we went to return the dowry goods my wife refused to take the dowry goods and asked for 15 lakhs as compensation. The CAW cell investigating officer told my wife that as we returning the stree dhan, 406 can not be imposed on us. But 498 A can be imposed. CAW cell give us new date to come with the statment of her father in which he has mentioned that in laws of my daughter never demand dowry, never physically or mentally harassed her daughter. We also have the call recording of my wife and her boyfirned. The case is in CAW cell since march 2013. Sir please help me. I just want to know:
1) Can 498 A be imposed on us?
2) Does CAW cell mandatory register case under 498 A if no settlement is made between husband and wife?
3) If it is proved that complaint made in CAW is false then even CAW cell register case? I have got the complaints copy through RTI. In local police station my wife has writeen that we demanded swift dezire but in CAW cell she has writeen that we demanded Honda city.
INDIAN LADY
18 October 2013 at 21:43
Respected All , I hv filed 125 , Husbamd filed HMA13 , I gave the dowry complaint aganst husband , His mother , Sister and massis . FIR regisred against husband only. He filed AB in session which got dismissed and then filed in HC. No dowry recovery was made. Before the first hearing in HC he surrender in session and sent to jail. Police brang him on remand for dowry recovery and he has given only one almirah and my old cloths in dowry recovery. No gold is recovered by the police with reason my husband stated that I gave taken away all the gold and left the home. No furnirure and electrical electronic dowry is recovered. Police has not taken me along with them to recover the dowry. Now my query is will my husband get the bail without recovery of gold and pending dowry articles ? If yes then how my dowry will be recovred specialy of Gold ? Can court reject the bail if gold recovery is not made or can the court order for compansation with amt for non recovery of gold and otherr articles ? If he will get the bail then will he be free now except to attend the court once in a month ? What step I can take against the IO for not taking me along with him at the time of recovery of dowry
In 125 I m claiming that my husband is earning 40 K and he is declaring earning as 8 to 10 K. He is living on rent along with his mother and our 3 year old son and I m living at my parents with my 10 months old son. Now in this whole situation what relief I can expect from court ? I m living in Punjab. Kindly reply.
INDIAN LADY
18 October 2013 at 20:53
Respected All, I have filed 125 , Husband filed HMA13 and then 498 FIR by me. Elder 3 year old son is with husband and 10 months old son is with me . How I can get visitation to my elder son and get the child custody ? How much time will take to get visitation rights first on speedy ? We are separate for last 13 months. Pls reply.
Rajesh Kumar jakka
18 October 2013 at 20:12
Dear Expert,
please anybody let me know, that conversion of religion/caste certificate is necessary to get divorce of hindhu muslim,
my friend is a muslim has married a hindhu girl and after 4 years of marriage, they want to get divorce but the girls lawyer is asking a conversion certificate of her into muslim religion,
is it really necessary to get divorce?
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