himanshu
13 August 2013 at 15:16
My brother's wife filed a dowary case u/s 498a,in 2007 and a divorce case,and case u/s 406 for recovery of stridhan. Case u/s 406 was quashed by high court in 2010.
In trial in different courts her and her parents statements were different on various matter, similarly there are various differences in affidavits and evidences submitted by her in court. On the basis of these differences HC quashed the case u/s 406 & clearly mentioned that her only intention is to harassment of us.
now in divorce case she demanded alimony of Rs.10 lac even though she fails to prove her ground of cruelty and fails to prove my brother income as she claimed.My Brother pays her 2000/- p.m. Is it mandatory to pay alimony if it proves that all her cases are fake and we are innocent.
what is the basis to fix it?
can you pls provide list supreme court judgments in favour of husband which can help in our case.
Santhosh
13 August 2013 at 13:26
It is 8 months since i got married and both of us want to get a mutual divorce can we go for a mutual divorce as per hindu marriage act
sanjeev kumar
13 August 2013 at 12:52
D/Fellows,
The appeal of the divorce case filed by me is pending in the High Court.It was filed in the year 2001.I contacted my Lawyer so many times telephonically and personally,but always he told me that in the HC the cases took years and years to enlist.In the year 2013,I went to the HC and tried my best to know about the real picture.One dealing hand clerk unofficialy told me that your case had been dismissed in the year 2009 due to non-prosecution after 14 opprotunities to appear.It jolted me and I approached my Lawyer.He pretended that till date 10-12 juniors worked under me and left me to practise independently,it might have occured that I submitted the 'Wakaltnama' of one of juniors and he thereafter left me and we did not care and thought that it was his case.He moved an application for restoration of the case.The Judge was very much annoyed and ordered me to pay Rs. 40,000/- to her as a litigation fee.I am already under suspension in connection with my conviction in 498A and unable to pay due to financial constraints.On the other hand the restoration of the case is also very necessary for me.My Lawyer is not properly guiding me.He says "Bring the draft of Rs. 40000/- on her name or need not to come on next hearing."Is there any legal way to avoid this penality.
with regards
n chitty s kumar
13 August 2013 at 12:11
Sirs, wife is respondent, she sent message to one mediator that she decided to take divorce. Now in the court wife is telling that it is a fake message generated through Internet. The story is petitioner married in 2006,, and separated not legally after 7 days, because of quarrelling nature of wife. It was a Christian marriage. Petitioner tried many times to continue marital life through church elders. But she refused. In 2011 petitioner filed divorce op by the reason of 5yrs desertion. Now 2yrs completed in court, cross exam over, witness over. To grant divorce please give advices sirs regarding of cell phone messages. How to prove the messages are true?
Ajay Sharma
13 August 2013 at 09:52
Dear Expert,
Please help me with my query below:
We are married for over 15 years now, we have serious issues cropped up between us, now my wife has filled DV act against me for mental and financial violence, alleging that I am not contributing towards house hold expense, I expect her to file divorce petition as well. She was allocated a flat in Delhi under PH quota, however at the time of conveyance deed, I got my name added as joint owner. She has been paying all EMIs for the flat. She is also paying kids (14 year old Boy and 10 year old Girl) school fee from her bank account. I also contributed some amount in house hold expense but have no proof of that. SHe has all the reciepts of bills, EMI going from her account,kids fee going from her account. The kids are with her, at the above mentioned flat. Her salary is about 45K, mine is about 35K
My questions are as below:
1. Will I have to pay maintenance for kids, even if she is earning more then me?
2. How do I prove in DV that I was also contributing towards household expense.
3. Can I claim 50% of flat, since it is in joint name? Will contribution make any difference in decision?
4. Can I force her to sell the flat and give me my share?
Please guide..
Upesh
12 August 2013 at 16:59
Hi,
Help Team.
My wife has agreed to proceed for MCD.
I would like to ask the below following points.
1.Our lawyer is one for both parties
2. What precautions I can take before going to the court or before filing the MCD papers in family court.
3. Can i ask my Wife to give an affidavit to the lawyer first which would be notarised for all the terms she has agreed upon or
4.An MOU is more stronger then affidavit.
Please help me with your valuable inputs//suggestions on the above subject.
Thanks.
sanjeev kumar
12 August 2013 at 14:42
D/fellows,
In Marriage Law Amendment Bill,if a woman seeks divorce on the ground of IrBM,it has come to know to me that she will have the right to share half of her Husband's ancestral as well as self-aquired property.
My question is that whether self-acquired property includes both movable and immovable?
What if any person pays part-A of his monthly income as a maintenance and from the remaining part-B,he purchases some house to live in.Will the court order him to either sale his house and give half money to her or pay half of the valuation amount of his house to her? If this is the provision in the coming law then a lot of middle-class husband will come on the road.Plz calrify.
with regards
498A sufferer
Chand Singhania
12 August 2013 at 12:01
If husband and wife has both their names in an agreement of flat which is yet to be completed, but now husband want to file divorce. The wife is denying to remove her name from the agreement. What can be done?
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Dowry case
I was with my wife for almost three years. We didn't had children as we have planned to delay it for a year. But within 4-5 months she had a TB and it took almost two years to cure. But we used to have sex using condom and we had sex for more than 100 times for almost 2.5 years. I know this is not a great number for the said time. Also its not bad either. But after 2.5 years we had a small clash and she gave a complaint against me and my parents along with my sisters for dowry harassment and in the complaint she mentioned that i am impotent. This incident happened 2 years before and still case is gong on. But in charge sheet the police removed the allegation of impotency. Also in between or three months(i did,t had sex in this time) before the complaint i have shown to urologist to have more sex. Any how she wanted more sex. But i didn't able to have more. He said its due to premature ejaculation and suggested a tablet for that. She has taken that slip along with her and they are telling that they will submit to the court. Any how i got checked my sperm count, the report says its good. But the doctor is not suggesting for a erection test. Still she is not applied for the divorce. I am worried what to do. We have a common relatives and taken the advantage of no children(she hid that she is a TB patient for long) and told everybody that she didn't had sex with me and she is virgin. But she used to have oral sex. Please give me some suggestion.