hemantha
16 August 2013 at 21:02
cpio issues notices to me under 11(1) where iam working defense psu, wife is seeking pay slip of me , cpio given 5days time to reply ?
in meantime 5days, next day family court granted divorce on cruelty and desertion. where wife is state govt employee tried to get maintenance in various courts but failed by application was dismissed, even high court of Karnataka also dismsised stating being state govt employee she can maintain herself and she is not suppressed facts being govt employee and not approached with clean hands.
pl help how to reply? where i already suffered lot by wife behavior where she filed 498a and get acquitted,but not silent prefer herself in session court and got acquitted, dv act filed -dismissed, in dv filed maintenance dismissed, appeal in session -dismissed, in high court prefer appeal -dismissed, lastly in family court here also dismissed.
Morvin Sagar
16 August 2013 at 11:44
My wife has filed a false 125 case against me, as she is a well educated lady having MA, BED degree, even though she was working after leaving my home, and i have submitted all her educational and experience certificates, still she has been awarded rs 8000 per month by district court, i have filed an appeal in high court within 90 days against the interim amount, but high court is not giving me date of hearing, as date been decided in September, despite of putting request application for early hearing from my advocate side,
i have been skipping dates at district court to avoid paying amount, till i got stay from high court, how much time shall i avoid this decision..?? and what are the other ways to skip this decision, as i am not in condition to pay her anything, because she has taken my money and everything with her, when she left my home.
ragz hyder
16 August 2013 at 03:13
Divorce and 498A - We filed for AB back in Jan and then in May. Both got rejected on the grounds
that there is no FIR and unreasonable apprehension(although we showed email
threats from out-laws)
Now in June when my parents were in India my Father got picked by cops. After an hour of "counselling" at womens cell, they took his passport under pretext of surety that he will come back tomorrow. On advice of lawyer (please dont question sanity of lawyer - already doing that) he gave it to them. Lawyer said
we can get it back from court.
Based on fact that passport was confiscated we applied for AB again. Before hearing came up, cops came and took my father. This time under "judicial remand" without still showing arrest - they had FIR this time. He was kept in womens cell on a chair for 48 hours.
In meantime the AB came for hearing and AP HC asked his release immediately in the interim orders. Those lapsed this Monday when we were told to apply again
(apparently some nuance on bail/AB 8/12).
Our hearing is on Monday, this time the new application is in sessions court. We are exhausted by this whole process esp my aged parents. Instead of constant apprehension of arrest, should they just surrender in court on Monday? If they
get AB great but then if not..
How long would bail really take if they surrender in the court? What should be our next course of action.
Sufferer
16 August 2013 at 02:06
Hi,
Please read the summary carefully to understand the current case standings and please help.
I, my wife and my 5+ years old daughter lived in Bangalore after marriage together without in-laws of either side. its about 8+ years of marriage now. I have filed a divorce case on mental cruelty ground on 24Apr2013 when my wife went to her native with kid to MP. First hearing for the divorce in Bangalore was on 27Jun2013. She has filed 2 counter cases DV against all my family members and maintenance under section 125 on 18May2013 at MP court. I have hired a lawyer in MP and so far he has handled it well and made sure that i need not have to travel to MP for any hearing. At Bangalore on 27Jun2013 my wife came to Bangalore court and matter was referred for mediation for 2 months from 28Jun2013 to 28Aug2013. On 26Jun2013 we also filed for child custody and same has been clubbed for mediation. In mediation -
28Jun2013 - Matter was discussed and i asked for sometime to think about taking her back and next date we decided to meet on was 14Aug2013. She also gave a list of stridhan she wanted.
29Jun2013 - I gave her belongings and jewels along with kids stuff. Then she went back to her native in MP.
In the month July 2013 she has arranged 4 hearings for the 2 cases she filed in MP inspite mediation was in progress in Bangalore and on 1Aug2013 she came back to Bangalore and filed a police complaint against me in the women police station Bangalore. I got a call from women police to appear but as per my bangalore lawyer we have applied for AB for myself and started living in my friends house to avoid any arrest and AB should be granted in a day or two. But my wife broke the house door lock and entered into the house without my consent and presence on 3Aug2013 with the help of neighbours. I did not appear in the 14Aug2013 mediation meeting and my lawyer communicated to the mediator that mediation is failed.
Important info- 2 days back I got to know that my wife who went to her native in MP on 8Apr2013 and stayed at her mothers house in a joint family. my wifes younger brothers wife have committed suicide on 9Aug2013 in there house. They were married for 1.5 years only. Girls parents have made a complaint to the police station with the prime accused girls husband, girls mother-in-law and girls sister-in-law that is my wife. No FIR has been registered yet. All these 3 members are absconding as of now. My wife is still in Bangalore in-spite knowing the death of her sister-in-law.
Questions-
1. Can i take any action against my wife and neighbours to break the door lock and made a forceful entry?
2. How can I send her out from my house? (she is staying with my daughter in my house, I want to keep my daughter alone)?
3. How can I make use my wifes sister-in-laws suicide case in my case to get a child/house custody as well as divorce?
4. If my wife gets arrested in the aforesaid suicide case than it would be probably become very easy for my divorce and child custody. Does court consider this fact even if there is no arrest made or bail granted?
5. Any other suggestions/action to be taken?
Thanks in advance!!!
ASIT
15 August 2013 at 23:14
1. Under which (exact) section of muslim law a husband can file a petition for rrestitution of conjugal rights against his wife?
2. What are the minimum supporting documents have to submit to the Family court together with RCR?
3. If he plea the court for prohibitory injuction, restraining the wife from contracting second marriage what the court will do?
4. How long the case will take for judgement?
VIVEK
15 August 2013 at 18:59
Dear Advocates,
I am an NRI for the past 18 years born and settled in Bangalore since 1965. I have been married for the past 12 years and have a daughter and all of us are living in kuwait since then. An aged woman who was working in my flat in Kuwait during 1999 as a house maid had induced me to buy a property in Kerala during her vacation.I had entered into an initial agreement with the seller in 3 days and left to Kuwait immediately after entrusting the registration of property in my name after the seller receives complete amount from my personal bank account in 3 months. I made all payments to the seller in 3 months from my bank account. However, the aged woman registerd the property in my name and as well hers claiming to be my wife in the January 18,2000. Then she escaped to Kuwait and was in hiding for 12 years with all the documents in her possession. All my efforts to trace her and property went in vain as I did not posess any documents except the bank statement of cheque transfer. I am paying the price for carrying out a land deal in such a hurry. It was crimianl breach of trust on the part of the aged woman. Meantime she rented the house and the land during the last 12 years. She is orignally a resident of Tamil Nadu and her husband is currently alive and we have obtained her family card and given as proof of manipulation to the court. As I could not locate her as well as the relevant documents during last 12 years I could not register any compaint with the authorities. Meantime, in 2007 she obtained my death certificate(a copy is obtained from the Panchayat under RTI act as the neigbour tipped me of such criminal act and given to Magistarte during the first hearing) when I traced the property in June 2012. Please note that she had obtained a forged Marriage certificate as well to authentcate the property ownership. When I traced her through some connections in Kuwait she returned to India and filed a domestic violence case and took a restraing order which is being heard in JFMC court in changancherry and she did not attend any 6 hearings in the last 6 months. I have given GPA to my brother to reprsent me. The Magistrate is just postpoing the hearing. How long can he postpone it despite producing enough proof a false case and my lethargic advocate did not advise us to file an appeal in the sessions court within 30 days. We filed a an appeal after 6 months and is due for hearing in the sessions court on Sept 30,2013. Kindly advice us the maximum time limit for the Magistarte to give a final verdict as the women is not attending any hearing. The is a classic case of cheating and manipulation. A criminal suit has been filed in March 2013 before the same JFMC against the old woman and her daughter and son-in-law who all deeply involved in this crimina conspiracy to usurp my property. The JFMC have ordered an invsetgation by forwarding the case to the Local Police and an FIR is registerd in March 2013. However, Police have not made any effective investigation due to politcal influence as one of local Panchayth leader is involved in the issuing the death certificate. They are bribing the police to go slow in collecting the evidence and they have not made any arrest despite 6 months has lapsed after the FIR.
Thanx
Vivek
karthi
15 August 2013 at 16:51
Hi sir/madam,
I have filed maitainenance case on July,2013 against my Husband.We have 2 years old boy.My husband filed conjugal rights on May,2012 against me.We both attend 3 counsilling, it is going on..From the date of delivery of my baby to till the date he fails to pay our maintenance even a single paise he didn't gave.Now i am suffering with my baby.So i filed maitainenance case.My Question is 1.How many months court will take to pass the order..2.Is there any other way to get the money as soon as possible?
Mansur
15 August 2013 at 13:48
Sir order given by trial court ex party 10000 per month in 125 cr pc then respondent go to direct in high court for rivision then court says 50% amount paid then stay then he widral the case & then he apply to triel court in 127 for stay sir can is this possible trial court giving stay on recovery case
if somebody is facing the trial of 125 crpc and really he is unemployed and he is doing his regular graduation from a reputed college and he shows the admit card before the court then what about the condition for maintenance for his wife.
How can i counter dvc
respected experts,
i have a quarry regarding my case . my marriage was dun on 2010 .
1) within one year she went to her native .
2) 2 years over
3)i applied for divers (she wants to live with me but her behaver is not up to the mark )
4) the case was transfered to hyd (it is her native )
5)judge asked question to both of us .she told i have don d v . then i replied if i do like so then he will put number of cases . but it was not happen like so and still she liked to live with me.
6)the judge send us out and gave a day for trail.
7) now she filed a D V C case ON DVC 12 ACT 2005.TO my sisters and parents (actively we did not live with my family .we have stayed at another city.)
8)her father running real estate business behalf of her name and cheated number of people (cases are also claimed on them)
how can we counter her. pls help me