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INDIAN   10 May 2013 at 12:50

DV case

I want to file DV case against my In laws but I want to know how it will help me to get justice . Can I request to court to visit my child who is with my husband right now. My advo cate is saying that I can not file the DV against relatives of my husband who r residing in the same area and they have also harassed me. It it so . Kindly advise

mallikarjuna   10 May 2013 at 11:38

Looking for advocate at davangere

I have family case , I am looking experienced family lawyer @ Davangere, karnataka. please help me.

Ajay Sharma   10 May 2013 at 10:05

Dp 3/4

Hi Expert

I have a question I heard that DP 3 section can't be filed after one year from the date of incident (dowry taken or given) is it true?

Morvin Sagar   10 May 2013 at 09:24

Wrong decision on 125crpc

Dear Sir,

My Wife has left my home on her own will, under the influence of her parents and Brother, and filed a false 498 A case against me and my family, along with a case of 125 crpc seeking maintainance @15000 per month. I have been granted bail in 498A case, as there are no evidences found against me, But still the case is on and putting me in depression day by day. In 125 CR case, my Wife is an Educated lady having MA, B.ed Qualifications and having 5 years Exp in Teaching at Various Schools higher classes, and she has told the court that she is an uneducated lady, and not worked anywhere, so she will not be able to maintain her, and depend upon his parents, His parents are also very rich having there own house in Faridabad.
My lawyer told me to arrange all documents related to her qualifications and experience, so that we may proof her false in court, I have arranged all his educational qualification documents and also her past 5 year exp documents, showing court that she has been working after the date when she left my home and getting 30000 in hand salary, and she has given a false statement that she will not be able to work.
Also i have submitted in Court a Judgement copy ordered by Honorable High Court of Delhi, that a Educated women working earlier and able to maintain herself on her own is not liable for maintenance from her husband.
The Exp Documents clearly showed that she has been working well, even after leaving me, and also she has written in court in 498 A case that she will not live with me, and also not live with my family, That copy has also been submitted in court.She stayed with me for only six months,and hardly we got into any relationships, we have no child and she is well educated. Sheis noty able to give any document in court, related to my job, salary and also that i have put her out my home. Instead i have also submitted written proof of her and her mother in which they have confirmed that are leaving my home at there own will, and they have agreed about the same in front of court always.
But i have faced a wrong decision from Family court faridabad that i have to pay 8000 Rs per amount to my wife. I just wants to ask, the court is not interested in checking all documents, i have submiited every small evidence that proofs easily even to a common man that she is a well educated lady and can maintain her well. She has been granted monthly amount from court without giving ang evidence, and i have collected evidences from top to Bottom, but the court has not seen those. Why the court has given a one way decision, and on which grounds she has been given such large amount, as i have noticed in many decisions that Ladies having a child get only 1-2 k Per month amount.
This is really a bad decision and shaken by faith in law, as despite of having every evidence, the court only listen the oral statements of her and this is really a heart broke for me. Wants to know that what i can do further and is this decision is really Ok, even after hundreds of Evidences, the court has given judgement on oral statement.Also we belongs to Christian Community and what the law says for Christian community in case of 125crpc

kiran   10 May 2013 at 09:23

Gpa for divorce case

I have applied for divorce 6 months back.
And my judgement is due .. in June 2013.
I am living abroad and hence sent a GPA to my father.

Can my father take the judgement copy on my behalf.

Is there a recent rule change from HIgh court/supreme court that both husband and wife should present on Judgement day.


Thanks and Regards,
Kiran.

Law Querier   10 May 2013 at 08:51

Rights of wife's father to take ornaments from husband

Wife is in Canada. Husband and Wife’s father both are residing in India. The divorce case applied through power of attorney holder -wife’s father under section 13 (1)(ia) in family court of India. My question is, Is there rights of wife’s father (who lives in India) to take all ornaments and things of wife from husband before divorce? If wife’s father has rights to take all ornament s and things of wife from husband, then what procedure wife’s father have to do legally?

raahat   10 May 2013 at 01:59

498-a/406

A property was purchased in the name of 2 minor childern of the first wife and 2 major childern of the 2nd wife. the mother was the guardian in the minor childern and paymnt was made through her. some time later a 3rd child was born. which has no name in the mentioned purchased property. Property was divided between the 2 minor childern and the other major childern. Both father and mother has died without any will. it is also pertenent to mention here that the wife of third child has filed a case u/s 498-
a/406 against the husband and in-laws. A settlement arrived between 3rd child & her wife. but The 3rd child wife is demanding her children share in the poperty.

Can the 3rd child who has no name in the property can ask for his share ?

Can the childern of the 3rd child who has no name in the property ?

Can wife of the 3rd child who has no mame in the property ?

Can wife or childern of the 3rd child who name is not in the said property can ask the others brother to provide share ?

Can the court grant reliefe to the 3rd child wife in the terms of his share in the said property in lieu of the maintanance ?

raahat   10 May 2013 at 01:49

498-a/406

Respected Experts,

The above metioned cases are pending before the Hon'ble family court for last 10 years. The accused and complainant agreed to settle their disputes on payment of Rs. 3 lakh for full and final settlement of the entire claim of maintenance as well as istridhan and entire maintenance of children which has to be paid in seven installments over a year.It is mentioned in the settlement statement that after the fourth instalment the complainent will withdraw her executions and after the sixth instalment she wil withdraw her 125 crpc petition and also sign a mutual concent divorce documets as per muslim law. The seventh instalment will be paid at the High court at the time of quashing of FIR.

My Quations is :

1.whether above said settlement statement is enough for ful and final settlement of all matrimonial disputes.

2. After this statement can the complainant withdraw herself.

3. Whether the complainant can file DV case

4. Can the complainant or her children asked the share in accused propery or his ancestral property.



asmita0009   09 May 2013 at 22:30

Public litigations

I am educated working women. My divorce case is going on incout since last 4 years. During the matter i have found that they are some discribances in law and women have to face injustice. Now i want to draw the attendtion of Govt and Hon Supreme court, through filing PIL. May i can send it directly to Supremecourt in writing or I will have to hire advocate. As a Citizen i have strong arguments , BUt it is not possible for me to effort expenses of Advocate for the same. so please guide me.

Rock   09 May 2013 at 18:15

How to save my marriage

Dear Experts,
I need your suggestion and help. I have been married 2 years now. We both are professionals working. We had various petty fights and arguments over these days. Her parents were coming to support her every alternate month. They have humilated me at various events. tho We involved our both parents to talk twice and yet didnt work. though we both had arguments we still had a good relationship. but dont know what has happen now, she is very much negetive towards me. now we both are staying seperately for past 3 months. She doesnt responds to my emails nor phones. I watch her everyday when she leaves home from office. yet she doesnt responds or looks at me. I do not want to loose my wife. She says that she has applied for divorce at her native. Though I understand we had petty issues and arguments, I never hurted physically or mentally. I have done all the best that I could do as a husband. I was abroad for few months. I do not know how to save my marriage. I tried calling their parents yet they are not supporting. I have just left everything for her. I am very upset now and cannot concentrate on my work. Please help me to save this marriage.
Thanks