Pandurang
07 October 2019 at 12:59
hi sir I got a divorce by ex-party in 2016 and after that I marry to another girl. after may second marriage done after 3 months my first wife file DV case in court in jan 2017. that time I submit my Divorce document in court then she file case under section 125 for maintenance now in 125 case I given my witness and right now she file case under section 9 against me then what should i do? please guide me.
thank you
Nirav sharma
07 October 2019 at 09:41
Hello experts
In may 2018 trial court passed an order for paying maintenance of rs. 7000 pm to my wife with effect from march 2016 onwards. In march and april 2016 my wife had transferred more than rs. 5.50 lakhs from my account to her own account in my absence by cheques signed by me. I had submitted the evidence in the court but due to non availability of leave from job i was unable to be present on many court dates. My wife got the evidence de-exhibited. Now through another lawyer i have applied in high court for taking the amount she has already taken into consideration. I want to know whether on submitting application in high court do we get an acknowledgement or receipt of it since my lawyer has not given me any document. Also my wife has filed case for recovery of maintenance amount so i have to pay the outstanding amount too. Please guide me. I had approached lawyer for high court in june 2018 itself but he didnt do anyting and only last month made me sign the Vakilatpatra. He is handling 4 other cases so i cannot spoil matters with him. Will the delay affect my case?
ganesh
07 October 2019 at 05:32
Regarding filing of a counter to a petition in DV case, what period of time the law allows for the respondent to file counter. Is it indefinite or definite. if Definite means how much time? in case the definite time limit is expired what shall be done to take the trial next stage.
Kindly enlighten me with legal aspects...
Thanking you,
With High Regards,
Ganesh
Sachin Srivastava
06 October 2019 at 18:47
Can someone please explain the habeaus corpus procedure? If we file it then how does Court finds out the address of the child? Does it instructs police? My wife has taken the child and its 18 months and she is not allowing to talk to him and not giving the address also. Friends and relatives are not helping as they are saying they don't want to get into it.
Vaddi kasulu
05 October 2019 at 14:29
Hi All
I am from hyderabad and a victim of false 498a by my first wife which has ended up with mutual divorce with a settlement of 498a. I case went from 2014 to 2017 for closure.
Keeping all the previous case aside I took a step and married a divorcee who has a baby girl of 6 years. Its been 4 months of married life and now even she has filed a 498a which is completely false. I have not taken any dowry nor gold nor household articles. As my only intention was we both went through a worst situation in life and lets make the remaining life meaningful and plan accordingly for the child up bringing. One thing is very clear with my wife is that she is very much influenced by her mom. Now she has filed a 498a case station that they have give 5 lakh dowry, Gold & household articles. & also 420 cheating case stating that the first divorce did not happen.
My queries are as below:
What kind of proofs or documents does court require that the dowry is given?
How can I fight back for the wrong allegations?
What is the procedure to teach them a lesson as they have ruined my life completely?
She is a working woman, So can she file for maintenance?
Regards
Vicky
Anonymous
04 October 2019 at 17:03
Hi,
I and my wife seems to be headed for a separation and its seems to be matter of time now. I had a couple of queries:
1. I m in a situation right now that even for smallest of the fights & arguments, my wife threatens me and my parents that she'll falsely complaint against us for a physical violence, which offcourse absolutely doesn't take place at all. However, we would like to avoid any kind of possibility of that given her nature and the way things are headed. Hence, we (I & my parents) are contemplating moving out of our Rented home to a different place. Is there advisable or a risk/issue in this? Also, given her behavior, its very possible that she falsely files a complaint even after we moving out (sooner or after many mths) against us for any physical violence or any other thing?
2. My elderly parents would like to stay with me. But are not able to do so because of my wife's behavior and threats. Is there any way to counter her threat by filing a pre-emptive counter complaint to make us feel secure against her any steps/complaints/threats?
3. What happens in case of alimony? Is it always 50% of my present assets and/or future income that i have to part with? I m in a 5 yr marriage and my salary has increased more than double during this time? What if I transfer all my bank savings and assets in the name of my mother, would she be able to claim on that as well? If my mother buys a home from this tranferred amt, in a joint name with me (as this would be required in a home loan), would my wife be able to have a claim on the home since its in my joint name. How can i reduce my ownership in the home to a minimal, which ensures least claim from my wife & also ensures my ownership, which is required by the bank for issuing the loan.
Kindly guide
Dinakaran S
04 October 2019 at 11:38
I got contested - exparte divorce in 2017. She filed a Maintenance case and herself withdraw in the year 2017 after outside of court settlement.
She is carrying my daughter. In none of the cases, didn't talk about my daughter. I wrote a petition to my daughter's school to understand about her study details in march 2018. School principal intimated to her. She immediately denied to share about my daughter's educational details by replying false statements.
She filed a complaint in Social welfare women's protection against me, my father and mother. Social welfare officer asked us to present on June 2018. We replied through letter to share the complaint letter and then no reply.
Seems that they forwarded to the court and filed case under Domestic violence case (DVC) in Judical Magistrate, additional Mahila court. That is, recently we came to know that the domestic violence case filed on November 2018 without issuing any notice to us from court. Also, the petition got allowed with 13 hearings and Judgement made then case disposed in May 2019. Heard that her lawyer is Additional Public Prosecutor 2.
How it is possible to file a case against us without issuing any legal notice?
Is that judgement valid(null/void) Judgement?
Can we go for appeal in high court?
If no, in the same court (trichy) appeal is possible? We feel no safety for our lives if the appeal goes on the same court(trichy).
So, can we approach hight court to run the case in between trichy and tiruvannamalai?
What legal actions we have to take now to protect ourselves against judgement?
Thanks in advance
RAJU Kumar
03 October 2019 at 00:14
my sister's husband is Assistant Sub Inspector, has been beating her and for the past couple of years and mentally harassing her. She has registered a complaint against her but he still continues to mentally harass her. What should be the next step to be taken and if a divorce situation comes, what will be the outcome of this?
vetrivel
30 September 2019 at 16:02
Hi Sir
I got ex-parte divorce in the month of march, 2019. But i haven't received the divorce decree yet. What is the reason for taking this much time.
When ever i ask my lawyer , he says we will get it soon.
Please advise me why it is taking so long for the court the provide divorce decree ? How can i get it soon?
thanks
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Matrimonial dispute
Respected sir, I m married since 21st sep. 2018.From start my wife"s behaviour towards me and my parents is quarrelsome. Now i came to know that she is also having a long time affair which is also continued after marriage. I got her outgoing call records for last six months which shows numerous calls to that person( in odd hrs. of the day also). I also got few screenshots of her whatsapp chat with that person with unacceptable msgs.I also hv some voice recordings of her quarreling with me and my parents. nd in some voice recordings she threatening me of suicide. Can i get complete call details through police or court? Can i apply for divorce on the grounds of mental cruelity and adultery?? There is no child from our marriage.