mrudula satish waghmare
19 September 2013 at 18:04
i am going to attempt moot court 1st time so plz help me out..
husband is framed charges as per the provisions of 498A of IPC and is convicted for imprisonment for 3yrs. nw wife realised her mistake and showed the attitude of compromise b4 the HC.
the HC went for compounding the offences inspite of fact that 498A is not compoundable. the issue b4 the court is
-whether cruelty established as per special marriage act
-can HC quash the FIR already register aganisy husband
-can the HC compound the offence which are non-compoundable as per sec.320 of CrPC.
-can prasd take the advantage of false prosecution against him which subsequently borrogated by wiilingness of wife's compromise the case...
plz give arguments and judgements related to matter.....
lakshmi
19 September 2013 at 17:33
I got married in the year 2011 to a widower with a daughter and had to resign my job to take care of the baby. After resignation, my in-laws started harassing me saying that I was not their son's wife as he is loyal only to his dead wife and because of that they insisted that I earn my food in the house by working as their servant maid. My husband said that complying with his parents' orders is the only way to sustain the marriage. Unable to cope with the disgusting life, I filed a DVC against all the three. Now their lawyer claims that as my case filed in the standard proforma contains demands for maintenance and compensation for loss of earnings etc, and does not exclusively demand punishment for my in-laws or compensation from them,the charges against my in-laws be dropped. Is it possible to quash a petition when there is no exclusive column in the standard proforma itself for each of the accused?
Advocate Ravinder
19 September 2013 at 15:10
My client (husband) married a woman (1st wife). The wife lived in her in laws house only one month, later she went to her parents house and living there. Husband filed divorce petition on the grounds of cruelty and desertion. The case went for 2 years, but she did not appear even once before the court. Finally the court ordered exparte decree in favour of husband, three months appeal period also surpassed, the exparte decree became absolute. Husband married to another woman (2nd wife) and has begotten a femail child.
Now, all of sudden the first wife filed restoration petition along with condone delay petition in the trial court. The case restored. Now the 1st wife is threatening to file a criminal case under sec. 494 of IPC for bigamy.
What steps I have to take to save my client.
Aryan
19 September 2013 at 12:37
Facts: 1) I work in an MNC; (2) I am married in Dec. 2012; (3) Wife is due for delivery in Nov. 2013; (4) Since last 7 months we both are living in a flat owned by my brother (brother unmarried & comes home occasionally due to nature of wife) (5) My Parents leave 400 kms away and earlier used to come to meet us but since last 4 months they are afraid to come and meet me and brother coz of my wife's nature.
About my wife: From last 4 months or more - (1) Constantly demands a separate house, a new car, jewelry and clothes at every occasion possible (i.e. every week either of demands is repeated) weekends being used effectively for this purpose when I am at home; (2) Wife keeps telling me she does not want to keep relations with my family (especially my mother is a hate object for my wife); (3) She has used threats (orally and in sms) to commit suicide, abortion, putting me & my family in jail, filing all sorts of police complaints. Also she treats me and my family with utmost disrespect and hurls abuses with filthy language that I never heard in my life time;
My Efforts: (1) I have called and informed her father on several occasions that she is doing all above things; (2) Also called her father to home once so he can advise my wife not to do all above things; (3) Her father hardly seems to advise her to mend her ways instead it results in above things happening with more intensity each time they occur; (4) Last month, I have also filed police NC against my wife as I am very afraid of my wife as she can do anything to harm baby, myself and my family.
Issues: (1) My wife has told me that in 9th month when there is a family function (customary event to send her to her parents’ home for delivery) she will defame my parents (my mother being prime target); (2) she has also said that she is waiting for her delivery after which she will show me and my family what she can do against us; (3) Her parents are supporting her all actions;
Please please help me what I can do to protect my parents and brother? What precausion shud I take?
Can anyone give me advice as and when required? Please share the contact number.
Abhishek
19 September 2013 at 12:19
Hi I am Abhishek, i have a query ,My grandfather is alive and his first wife is passed away and after he married to another , Now first wife have 3 sons , and second wife 3 daughters., So please let me know how can i get property from him , He is not ready to show or to share the will, he is hiding him self and not even sharing anything,
So will my dad gets any property from my Grand father , if so please let me know how to proceed with this.
udhayasuriyan m
19 September 2013 at 12:17
i don't have DOB certificate, how to get the date of birth certificate as per law
Sujith
19 September 2013 at 10:48
Dear experts can a man have the right to appoint two lawyers for fighting domestic violence case for one respondent
Anonymous
19 September 2013 at 07:26
How to enter guardian in to MC petition
RAMJI
18 September 2013 at 21:03
Dear Experts
It is an M.C case by wife filed after divorce u.s crpc 125. Husband filed counter, now date for cross exam on wife fixed.so far wife has not furnished list of witness from her side. meanwhile, husband has applied thro RTI and got information about wifes education /employment /properties....
But the reply from her employer is incomplete in which employer revealed HER NAME IN LIST OF EMPLOYEES AND PURPOSELY GIVEN WRONG DATE OF JOINING......( I.E LOGICALLY INCORRECT DATE OF JOINING)... Being so,i want to utilise this RTI reply during cross exam effectively.... now my questions are:
1. Can i directly ask the court to permit me to invite the employer for witnessing?
2. can i show this incomplete reply itself to court during cross exam and expect wife to admit her employment?
3. I being respondent, if i have to call witness thro court, what is the procedure to be followed and under which section to apply?
4. While cross exam, can i ask Petitioner (wife) reg... whetehr she has furnished any list of witness so far?
5. any other views pls
REgards
Ramji
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Need to marry a bangladeshi guy
I M 32 YEARS OLD HINDU GIRL FROM CHENNAI TAMILNADU.I WISH TO MARRY A MUSLIM BANGLADESHI BOY WHO IS STAYING IN DHAKA.WE DON,T WANT OUR FAMILIES TO KNOW ABOUT THIS RIGHT NOW
FEW QUESTIONS THAT I HAVE ARE:-
1. WHAT IS THE PROCEDURE REQUIRED AND WHAT ALL DOCUMENTS ARE REQUIRED TO BE PROVIDED BY ME AND HIM.
2. SINCE 30 DAYS NOTICE IS REQUIRED, DOES HE HAVE TO BE PRESENT HERE FOR THE ENTIRE PERIOD OF NOTICE SINCE STAYING MORE THAN 30 DAYS AT A STRETCH ON VISA IS VERY DIFFICULT.
3. IS IT POSSIBLE THAT NONE OF US HAVE TO CHANGE OUR RELIGION AND CAN FOLLOW OUR RESPECTIVE RELIGIONS?
4. HOW LONG DO SPECIAL MAARIAGE ACT PROCEDURES TAKE PLACE AND DOES IT HAVE TO BE IN DELHI ONLY OR ANY OTHER CITY IS ALSO POSSIBLE?