Member (Account Deleted)
03 October 2013 at 23:39
Experts, request your kind response for the below questions
1)which is the reference section of CPC or CRPC or Constitution which gives legal validity to Party in person. Please help.
2)once wakalatnama is filed by advocate, can the court bar the respondent from talking in the court saying you have a lawyer and lawyer will only talk? is there a law on this too ? if yes,which law? Please help.
Rosy
03 October 2013 at 21:57
My brother in law filed a divorce case & litigation maintenance 15000/- P.M on dated 9/7/2013 in jind district & same date filed a 156(3) private complained in court. according to court order narwana police filed 498a & 406 case on dated 28/7/2013 against my brother & my family, after DSP inquire my parents released by police. all gift items given by in laws recovered by police. now 498a case filed in narwana court against my brother. he is doing nothing but brother wife is in Govt. police job. She is constable in panipat Haryana. she is not cleared about her job in every complained. And my brother has also filed a case sec.9 in district court Yamuna nagar. we have three reports (Protection officer, women cell, DSP)in favour of us. after investigation in these report cleared that my parents & my brother harassed by that lady. brother wife have all jewellery given by us. we want our jewellery come back. our next date 5/10/2013 in divorce case & 10/10/2013 date in 498a case. plz guide what we can do.
Law Querier
03 October 2013 at 20:09
A Contested divorce petition u/s.13(1)(i a) of Hindu Marriage Act was entered by wife in family district court. Then after two years, both parties had entered an application in family court for granting order to convert the petition from u/s.13(1)(i a) of H.M. Act to u/s.13B of H.M. Act. Both the parties also presented a petition for mutual consent divorce u/s. 13B of H.M. Act in family court.
Then, Family court had granted the conversion of petition from Sec.13(1)(i a) to Sec.13B of H.M. Act and recorded the petition of mutual consent divorce u/s.13B of H.M. Act.
Then after, husband has withdrawn his consent of divorce from the converted petition of MCD u/s.13B of H.M. Act and Family court has allowed the withdrawal of consent of husband from the converted petition of M.C.D. u/s.13B of H.M. Act and disposed of the converted petition for M.C.D. u/s.13B of H.M. Act.
The converted petition for mutual consent divorce u/s.13B of H.M. Act has disposed now.
Que-1: what should be the current position/status of that original petition u/s.13 (1)(i a) of H.M. Act now?
Que-2: Can wife continue procedure on that old original petition u/s.13(1)(ia) of H.M. Act now after disposal of the converted petition for M.C.D. u/s.13B of H.M. Act OR She has to present a new divorce petition u/s.13 of H.M. Act in family court?
lakkesh
03 October 2013 at 14:46
i lakkesh from bangloure my brother maried 10 years back, now he have 1 son (9 years old) & one daughter( 7 years old),& after his wife gone to her mother home during the pregnant time for the delivery.
after some days his wife tourchered to do separate house for them. starting my brother was not cared about his words for making separate house from joint family. due to this she fight with father in law & mother in law & haresed whole family.
after some days my brother made a separate house for him & his wife, children, but she stayed with him only one year eight months.
after some days she not came back to my brother house & so many time he went to her mothers home & called back to her home, she refused to back to her husband.
after some days she filed a maintainence suit against her husbend five years back.
my brother refused to pay maintaiance, he is a daily wage laborer five years back,in that time he is not a financial sound person, he is staying in is ansister property, the property is in father name he not have any source of income, in that time he is in rented house.
my brother told in the court that 'I don't' able to give money, she can come with me , but i am not able to give money i am a daily wage labor my wages per month 4000 rupees, i need to give some amount to my parents & some amount to rent & my personal expenses, she asks per month 5000- 8000, where can i go for that much of money'.
after that my brother not gone to court due to busy in work & she also not gone to court.
after so many years, now she coming to our relatives for compensation of thirty lakhs rupees, but he don't have money and she is harasing day by day more.
last six months back we paid & requested for judgement copy of old case, which was filed by her maintainence suit, now the sirsidar (record room officer) is telling that your judgement copy is missing, i need some time, but there is no response, nearly eigth months are over.
now she was not giving her children's to him, she was not giving opportunity to see childers & to talk, she shown 3-4 times only for 5 to 6 years of period, so my brother is so depressed, now parents are seing girl to second marriage for my brother.
my brother is willing to do any thing to her childrens, but she want only money, she is not willing to join her childrens with her husbend.
1) what is the solution to get judgement copy. & any other procuder to get judgement copy.
2) my brother can go for second marrage.
3) is any other way to avoid with her compensation mater.
4) can any way to see her childerns & to do any thing help for their future plans.
5)my brother was lost so much money for leagle expenses, what he earned that is loing & lost for leagle expense, & her harasements.
so any free leagle based tribunals or some, any provisons are there to tackle her harasment's.
so, please give any sugetions to save him in problems.
Mohd. Khalid Quraishi
03 October 2013 at 12:28
respected lawyers
my parents and i have been bailed out not to going jail in 498a,,307,323,504,506 #/4 DP ACT
307 is not proved in medical report due to simple injury
but the discharge application has been dismissed by the judge
we have been called for the charge on 4th oct.
is there any procedure to DELAY THE TRIAL
Fight Against DV
02 October 2013 at 21:31
Dear experts,
Urgently in need of your valuable suggestions...
Got married last year within two weeks time went abroad with my wife.
Her parents keep on insulting me and my family for no reason and make her to fight with me for every thing.
Lot of misunderstanding arise between us and she is very short tempered and sometimes threaten me that she will commit suicide if i ask why your parents doing like this , she cannot tolerate anything against her parents even she know they are at fault.
months back we came back to India and their parents scolded me and my family and used absurd words after that i left back to abroad and now back to India and working in different state till now she is staying with her parents and myself staying separately.
When i left her in her parents house she was pregnant and recently i came to know she aborted the baby but telling to everyone it was miscarriage but it was not neither communicated to me nor to my family
Now she filed domestic violence case against me and my mother in mahila court. In her petition she asked for residential rights and need interim maintenance. Not sure what to do ? is she has the right to stay ? i don't want that to happen how to stop it what legal action i can ask or i can request the judge that i can provide alternate accommodation.
Came to know that judge has order of granting interim maintenance and right to stay in my home and i think it will be passed to me on my appearing before the court in a week time.
Thanks.
meena kumari
02 October 2013 at 12:37
mere pati mujhe basana nai chahte.he is willing in 2nd marriage.mera beta 3years ka hai.usko main tab se pal rhi hu.main apne husband ko divorce nai dena chahti sari umar.kya yeh possible hai.ya kitni saal tk main use divorce nai de skti.meri manjuri k begair kya ccourt divorce ka faisla suna skti hai.maintaince ka case lgana chahti hu can u tell me kitna minimum kharcha lgta hai .aur kya mere aur mere bete ka property me hissa bnta hai.
meena kumari
01 October 2013 at 17:45
mere husband ne women cell me basane ke court case ke paper lagaye hai.usper hmare ghar ka galat address likha hai.na hme pta hai ki usne kis court me case lagaya hai.na hme women cell wale bta rhe hai.agr yeh pta krwana ho to kaise krwa skte hai.aur agr usne galat address lagaya hai hme samn na milege isse kya ek tarfa faisla ho jata hai.kitne mahine lgte hai
Mohd. Khalid Quraishi
01 October 2013 at 11:43
respected lawyers
in 125 crpc and DV my lawyer submitted ws fro my side my wife counsel at the same time for argue about interim maintenance and honorable judge heard they said that my wife is having stone iher kidney and in gall bladder she is heart patient and for operation she needs Rs. 40000 and she is demanding 25000 thousand PM for interim
she has submitted respective dr prescription and there are some bills of medicines around 25000 she is ok
but her brother in law is a jholachhap doctor so he is doing all.
they are showing i am earning 50000 by giving tution
as she has submitted many prescription in this situation what maintenance will be given to her i have said that i am ready toget her bace andwill make her treated by doctors
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Statement complainant
in the case of 498a,307,504,506 3/4 DP act during trial the all witness statements are completed.
if the chances come for compromise then it can be done or not