ramakrishna.r.b
06 October 2013 at 20:17
My husband filed an RCR on me making false allegations, where as we have already filed divorce petition in family court. the hearing for divorce petition is before the hearing of RCR. He is a rowdy, crook and horrible person. DV case has already been filed and one hearing is over in which he is pleading to postpone the hearing date beyond rcr date.
what are the consequences of his RCR and is there a way to get his RCR quashed so that I can approach court for alimony as well as monthly maintenance besides getting divorce. I hate to see even his cruel face and cannot live with him even for a day as he and his parents are worst than beasts. He says his employer has kicked him out of job and he is jobless at present. Is this a trick for avoiding paying of maintenance and alimony ? he is employed in abroad and difficult to verify whether he is employed still or not.
Kindly help me how I should proceed. I have received the notice of RCR. He says he has not received the notice of divorce even though it is served twize for him
Mahesh Chand Gupta
05 October 2013 at 22:03
I am the respondent in the maintenance case u/s 125. The case was fixed for hearing on 20.03.2013 on which date, all lawyers were on strike. Respondent was in Allahabad on 19.03.2013 to attend a case in Allahabad High Court and could return back to Ghaziabad only in the afternoon of 20.03.2013. On inquiring from advocate, he told that there is general strike of lawyers. On non - presence of respondent, judge closed the cross examination of the respondent for which Affidavit was submitted earlier. On next date of hearing on 20.05.2013, respondent was present in the court and put up his application to allow exemption from non - appearance on 20.03.2013. It was accepted verbally by the judge and ordered to petitioner to start cross - examination of the Respondent. But the petitioner said that she will file written objections on next date. Next date 30.09.2013 fixed for submission of objections by the petitioner. On 30.09.2013, Respondent, being an old aged person, was having critical pains in his eyes due to cataract and sent a parokar to the court to receive the objections and submitt application for exemption from non - appearance. Petitioner submitted written objections on which judge wanted verbal reply of parokar for which he was not able to reply. Judge dismissed application for exemption from Non - appearance and closed cross - examination of the respondent and fixed 24.10.2013 for final arguments. What is the remedy available to me now.
Vaseem Mustafa
05 October 2013 at 21:23
Sir,
On 02-09-2013 the Hon'ble Court directed the advocate of my opposite party to get my baby along with the lady on 13-09-2013 so that the father can see her daughter.On 13-09-2013,neither the lady attended the court nor brought my daughter to the court & 13-09-2013 hearing, the advocate of 2nd party said he will definitely get the baby on next hearing which was on 01-10-2013,but yesterday the situation was no more different neither the lady nor baby came to court.They Advocate of 2nd party submitted that Mamaji of the lady has expired few days back,That is true the Mamaji of lady expired some 20 days back.I feel they are simply playing delay tactics ,please advise what to do.
PPBiswas
05 October 2013 at 19:40
My father-in law died intestate soon after making an agreement to sell his house.He and his wife both signed and received 20% of the sale price as advance.After his death,his wife,son and daughter made a judicial affidavit by an executive magistrate declaring their heirship and willingness to honour the agreement.Mutation and NOC has been done in favour of three of them.Now my mother-in-law wants the whole amount- so a dispute is brewing.My questions are:
1.Can my wife sell her share of the unpartitioned property to the same buyer for 1/3rd of the sale price?
2.If my mother-in-law and her son pressurize my wife to gift her share to them, can my wife put an injunction on the sale?
3.If my mother-in-law forcibly prevents my wife from entering the house,what remedy is there to ensure right of possession for my wife?
4.How can my wife claim her share of the gold and cash that belonged to her father but is now being held solely by her mother?
M Chaturvedi
05 October 2013 at 19:25
Hello,
Here I request your Advices & Suggestions on HOW TO FILE A COMPLAINT AGAINST PP (Public Prosecutor)?
A case of 498A has been going on against us. Filed by my brother's ex-wife.
Divorce has already been granted more than a year back. Only this 498A is pending. Also for 498A, the opposite party had agreed in writing that they shall co-operate in every manner possible till this (498A) case is cleared.
It is clearly mentioned in the Divorce Order that they shall co-operate with us as well as there is no exchange pending between us.
Since last one year, in 498 A, only dates were being given. There was no progress in this case at all. In the latest date, their lawyer told our lawyer that they are are going ahead with this case and are still to get the Streedhan & some Cash Amount. This sounds just ridiculous from their end. As in Divorce no party will trust the other then how did she (my brother's ex-wife) sign on Settlement Terms of Divorce if they had actually not got their Demands fulfilled. We had even prepared a MOU of Settlement which they had signed & presented in Family Court as well as DV Act Court.
In the recent date of 498 A, the lawyer of the opposite party told our lawyer that they are further pursuing the case & the PP said to the Honourable Judge that "The Party (My Brother's Ex-Wife) has still to receive the Streedhan & Amount Agreed by the Husband. But, there is no such demand pending that we need to fulfill. Our Lawyer even showed to the Hon. Judge the copy of Divorce Order. But, the PP was shouting (as if by shouting the facts will change) that the settlement terms are not yet met upon. We were given another date (next month).
Here I would like to Complaint about PP at the right authority. The PP is trying to intimidate us by deliberately talking to us rudely. My brother was standing near the witness box when our case was called and just nearby was his place to sit. He purposely came just very close to my brother & said "Abbe tu kaun hai, chal peeche hut idhar se". He already knows us. He purposely said this. Also earlier, when our settlement was not done, he used to talk rudely to my father by saying - "Tumhare jaiso ki wajah se ladkiyon ki zindagi kharab hoti hai". Once he very politely called my father when we were awaiting our turn during a hearing & said "Kitna de (money) sakte ho, aise toh tumhara case khatam nahin hone wala. Woh sab mere upar hi hai, ek jatke mein khatam kar doonga." When my father asked "why should we give money, you (PP) are fighting for them". He (PP) told my father to "Get Lost". We kept our patience since the Divorce was still not done. But, now everything is clear the PP & the opposite party are trying to take advantage of this 498 A case by making an attempt to extort money from us.
I would like to complaint about the PP with the competent Authority. Please Advice.
Thanks & Regards
Mohd. Khalid Quraishi
05 October 2013 at 12:40
both DV and 125 crpc have been filed by my wife in both cases maintenance will be given to her
if in 125 crpc maintenance given to her first
then in DV what facilty will be given to her
MUKUL SHARMA
05 October 2013 at 07:22
my cousin sister's husband filed divorce petition against her.but she has a daughter also and she want custody of daughter and appropriate compensation from her husband.even in 498 case her husband got anticipatory bail.what should she do now?
D. JAGADEESAN
04 October 2013 at 23:56
i am jagadeesan, my wife and i was separated before three years, we need mutual divorce as quickly as possible
mohammed naseer uddin quadri
04 October 2013 at 16:24
Hi
Dear sir I mohammed naseer uddin working in uae i got married in 2012 after some time my wife started some problem like waking up late in morning and not cooking if my mother ask to do some thing she use to ignore and say i dont know how to cook for this small issues his mother use to teach her wrong things like dont do more work tell i am not well becasue of this all things i use to scold her one day she left my home by fighting with my mother after that i ask here to give me written sorry letter and come but her parents stop her to do so and they file dowry case aganist me and all my family members by tell we are asking 1 lakh rupees and torchiring her after that womens police call for consuling and i get redy to take her to my house but again her parents stop her and abuse me when i call her to come but next day they again gone to WPS and register FIR but finally police call me and ask me waht i have to do i said i am ready to keep here so they said ok we have some condition like she need mobile and dont stop her to speak with her parents or sisters when ever she want to go her parents home dont stop and until unless i will be in india she will be in my home and after that she will go to his parents home so finally i said ok ask per that condition i am following finally i want to know that after this all things police has taken one written latter from me and my wife also that untill unless dont take any action aganist me and taken some signiture from her so what will be the procedure now to close this case i want to know is it possible to close or not plz
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Dv & maintainence
married for 5yrs with 4year old daughter. housewife not working since marriage. facing physical,verbal,mental,phychological,financial abuse since time of marriage. various threats of life.no any kind of support or shelter from relatives.not loved accepted by husband inlaws and their relatives forced out of marital home.have applied to district court for dv & maintainence. court insisted on mediation. In mediation mediator asks me to give husband a last change as he halfly admitted to abuse. should i give him a last chance its a risk to stay with him mainly as i have already attempted to suicide because of all the torture that happened over 5years time especially its affected me psychologically my husband always keeps himself away from us and i am left to live alone without any kind of help from him or anyone else without any support of any kind. have lost my career as was not allowed to work for so long(B.COM graduate). how much maintainence can i ask if he earns 12,00,000 per annum salary without any tax deductions+multiple online business for which i have no document proof or money proof. what terms do i keep before my husband and court if i am reconsiled back into his life?