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
Anonymous
29 September 2019 at 23:17
I had filed for divorce u/s 13 HMA in Oct 2016.
The respondent filed for Interim maintenance in June 2017.
No order for IM till date and hearing to start after failed meditation.
If IM is ordered in coming few months...there would be a huge arrears..( child is there from the wedlock).
Queries:
1. Under which section of CPC can I withdraw the Div petition ?
2. What if the judge says that he will first dispose the IM appl and then the withdrawal appl...( The whole purpose of filing the withdrawal appl is lost)..what best can be done in such situation ?
3. Can you pls share me a template of the Div withdrawal petition in case you have it ?
Pls note that the withdrawal is done with a sole intention of voiding the maintenance appl filed by the respondent.
Anonymous
29 September 2019 at 23:13
I had filed for divorce u/s 13 HMA in Oct 2016.
The respondent filed for Interim maintenance in June 2017.
No order for IM till date and hearing to start after failed meditation.
If IM is ordered in coming few months...there would be a huge arrears..( child is there from the wedlock).
Queries:
1. Under which section of CPC can I withdraw the Div petition ?
2. What if the judge says that he will first dispose the IM appl and then the withdrawal appl...( The whole purpose of filing the withdrawal appl is lost)..what best can be done in such situation ?
3. Can you pls share me a template of the Div withdrawal petition in case you have it ?
Pls note that the withdrawal is done with a sole intention of voiding the maintenance appl filed by the respondent.
Anonymous
27 September 2019 at 13:32
Dear Sir/Madam,
This is to inform you that i am married since 10 years and have filed a DV case against my husband and his family last year but there is nothing happening with the case since there is no Judge available in the court since 4 months now. I have been only getting new date since a year. Not even a single hearing has happened. Nor my husband or his family has appeared in the court,though his lawyer comes and takes a new date and goes away. I have a 7 yrs old daughter and have been managing everything on my own since my husband has deserted me and my daughter since 3 years. I really wonder if these kind of cases are happening in cities then what would be the case in rural areas. I am so disappointed with the whole court system and have lost all the hope.
Have some questions related to the same:
1) Since there is no Judge available since 4 months now and till not there,what is the next step that i can take?
2) Can i file Divorce case along with maintenance case against him along with the DV case?
3) Since Divorce case will be filed in a different court,is it a possibility that Divorce and maintenance case will be taken care faster than the DV case?
4) Do i have to appoint a new lawyer for the Divorce and maintenance case or the same lawyer can take care of it since its will be in a different court all together.?
5) In case i apply for a Divorce and Maintenance case,then what happens to the DV case that was filed 1 year back??
6) What happens on maintenance and divorce if my husband doesn't show up on any proceeding??
Request you all to give prompt reply.
Best Regards
piyali
21 September 2019 at 21:06
Respected All,
Kindly provide your expert suggestions on a below matter related to my friend.
A couple is separated ( and not interested for legal proceedings) for 7- 8 months without divorce or judicial separation, wherein the child age of 11 living with her father as the mother is deserted both. The father lost his earning source as a need to take care of his child and mother is working but do not provide any financial support for her child even.
Please advice on below points:
1. If the mother is not supporting her child financially, Can we do something about it legally?
2. Is there any judgment which supports this condition or related to this?
3. Is there any law or guidelines which can direct the financial stable mother to support her child?
Any information and guidelines will be a great help in order to save a child's future.
Thanks in advance.
Piyali
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Habeaus corpus procedure
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.