Member (Account Deleted)
05 September 2013 at 12:06
My wife has filed 498a and dv after 5months of marriage ..she stayed with me for 10 days only..in dv she says that husband has not allowed me to enter home as I have denied to give him dowry ,hence want access to shared household ..she has stated that she does not want rent in lieu ..can I sell the property ,I am paying emi for it ..I don't want her in my house as she may again file a false case..how do I prevent her from getting residence order..
Member (Account Deleted)
05 September 2013 at 00:57
Respected Experts,
On the second motion statement under section 13-B of HMA the lady gave a statement that she did not want to give divorce.
60% amount was paid to her at the time of first motion. It is written in statement that istridhan has been taken and nothing is due.
My query is:
what remedy can the husband avail against the wife for resiling from divorce at the second motion statement? Can he file petition u/s 340 of Cr. P.C?
Can the wife claim maintenance from the husband?
What will be status of the 60% amount paid to the wife?
Can the wife file the case of section 406, 498-A of IPC or of DV Act now, when she has mentioned to the contrary in the petition and has given accompanying affidavit and first motion statement?
What are the chances if husband files divorce case and gives the certified copies of section 13-B petition & statement in evidence.
Regards
Rashid Ali
04 September 2013 at 16:31
respected my senior learned lawyers.
One of my friend is government employee earning rs 40000/ month. belongs to Hindu religion. he had only two daughters no son from his first wife. so with the consent of his first wife he married with another lady in 1991. this 2nd marriage relationship resulted one son and one daughter.all are major .he got high educated his both two daughters from his first wife and married his one daughter bearing all expenses. he looks after and cares very much his all children. 2nd wife is also government employee.now he on regular bases deposits money in the joint account of his 1st wife and married daughter also in the joint account of his 1st wife and his unmarried major daughter. now his 1st wife filled a case u/s 125 crpc claiming rs 12000 for herself and rs 12000 for her unmarried daughter total rs 24000/ per month. the house is in the name of my friend. total rent expected 6000 per month gets his 1st wife and daughter.marriage of daughter will be done by my friend with all expenses.but by misguiding 1st wife daughter always refuses to marry. because making pressure of crpc 125 both two wants his property in her name by alleging false.my friend has only three evidences in his favor . one is total expenses in providing high education and marriage of daughter. 2nd is continue depositing money in their joint account.3rd is getting KIRAYA exp rs 6000/ per month from tenants. how can we get crpc 125 dismissed please help . also provide some cases laws in this regard.
Kalyan Ghosh
04 September 2013 at 14:45
In a mutually consented divorce case after filing the case a date has been given by court for reappearing after 3 months during which the petitioners were asked to reconcile.But Reconciliation was not possible and on the day of reappearing if it is not possible for one of the petitioners to attend court due to some acute problem,whether the court will dismiss the petition for divorce or the absentee petitioner can approach the court through his lawyer.Please help
YASH
04 September 2013 at 12:00
Dear sir
Its been alomost 2years and 8 months my wife has left me and not returning after all my and family efforts to rejoin and start a new life. We have a child of 7 years and which is with her. She filed a maintainence case of CRPC 125 in Aug 2011 . She has never appeared in court for his own case and maintenence is not awarded yet. Case is filed in Gujarat and i m from Mumbai. Now in this scenario should i file Divorce on grounds of desertion or wait another few months for filing on IRRETREIVABLE BREAKDOWN OF MARRIAGE. I know its going to take time for my divroce since its one sided , but which one is more suitable to me.
Please help me ?
SAM
04 September 2013 at 10:37
Dear Sir,
Mrs. B is illegally and forcefully staying in the flat of Mr. A who is the father in law and owner of the flat. Mrs. B do not want to go and stay with Mr. C in the rented flat even though Mr. C wants his wife Mrs.B to stay with him.
Mrs.B is greedy and selfish women and want part of share of property of Mr.A and that why she do not want to go out of the flat and stay with her husband in the rented flat. She contents to the police station that she has been residing for more than 6 yrs from the date of marriage at her father in law flat and so she has a right to live in father in law flat as the flat is matrimonal home of her.
Request to Ld. Advocates to tell me how to evict her from father in law flat as she is not staying as well as nor going with her husband and forcefully staying in Mr. A flat even after filing a complaint by Mr.A to the local police station.
depressedbyall
04 September 2013 at 01:07
streedhan returned peacefully back but not ready for mcd underany condition now can she demand money further when i fle for decree of divorce proof like signed stamp papers of witness, deserted past 2 years, no dowry demands, no valid reason for leaving matrimonial house etc, repeatedly requested to cohabitat in separate house etc please seniors suggest me as they have given me few days to reply
anil sahoo
03 September 2013 at 17:01
hi all, iam anil , yeststerday i had hearing in the court and my wife advocate told that her father spent 25 lac and i told the reality that in actual he spent 5 lac total and my father is a pensioner and im earining 10000, i wil only give 3lac give and they said that her father spent 25 lac and he is serving with CISF as sub inspector and i know very well that he is not in the position to spent 25 lac in the year 2010 of my marriage.
Query 1.- what i need to do so that her father accept that i spent 5 lac and also he is getting retired after 6 month . i want to eat his pension i think then only he will say truth so what could be the step should i take.
query no 2. im also facing 498a with my family and on 11 sept is hearing date for AB and i got the fir copy and i was shocked that 15 pages of FIR and it was totally false. in that case what i need to do. for the back fire
query no 3. - she has taken all her marriage items like bed, fridge, dressing table, tv, utensils, clothes etc. and given underwriting to my father at the of separation with my dad. and their is her sign , my sign, my dad sign and two witness sign is their .. i attached the copy in divorce copy, but still iam facing 498 + 406 section, what i need to to in this case also.
early response will be highly accord.
anil sahoo
03 September 2013 at 16:30
hi all ,
iam anil ,
my query no 1. - my divorce case is subjudice in court and yesterday i had a hearing and my wife advocate told that her father spent 25 lac to her marriage and give 4 lac cash and i said to judge that all marriage was happende in 5 lac and and her father is serving with C.I.S.F as Sub inspector and getting retire in april 2014 and my father is retired govt official and he is pensioner, i told to judge that iam earining less comparatively to my wife and father is pensioner and im ready to give 3 lac and my wife is asking for 15 lac.
query no 2. what i need to do so that her father will accept that yes i spent 5 lac and he is very greedy person.any major answer so that i want eat his pension in terms of dismiss or someother way..
query no 3. iam facing 498a and bail hearing is on 11 sept 2013 and i hve a copy of FIR and tht is fully false...
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Section 12
Dear experts,i am facing dv and on august 31 mediation also failed.and court ordered me 4000 as a intrim maintanance.can i have the right to tell the court that iam ready to maintain her her if she will leave with me?