GSR
01 May 2013 at 18:50
Dear Experts,
Need to go for appeal or revision in case of Domestic violence case order. Please suggest on the below queries.
1. Should Revision or appeal be filed to reduce/change the maint amount in the order ? What is the difference between Revision and appeal ?
2. What is the duration for filing Revision or Appeal ?
3. Should the appeal for this case be done in Sessions/dist court first or can the appeal be done in HC directly ?
4. If the appeal order from sessions/dist court is not satisfactory, can that be further appealed in HC ? If so , please specify the provisions for this.
Thanks
INDIAN
01 May 2013 at 14:41
On demand my fathet has given XX amt to my inlawas to save my marriage which includes a Cheque aof Rs yy amt infavour of my husband and two zz amts deposited cash in my husbands account no and same days my husband had withdraw that money from his bank account. I have stated the same thing in my complaint. Where as my inlaws are saying that was a friendly loan or some money was deposited to buy some stuff from his residential city and same is handed over to my father. Now my query is the cheque detail and payin slips of cash deposited will not be considered as dowry demanf proves ? what so ever my in laws r stating that will be considered and I will not get the justice from court ?
Ganapth
01 May 2013 at 13:47
Dear Sir / Madam,
i had applied for mutual divorcee in family court,my wife is not working and she is from lower income group family,our marriage took place on 2005
i had bought two residential plots from my own earning on 2007 each 2400 sq ft, these plots are side by side in the layout plot NO: 33 and 34,located at Karur Tamilnadu, one was registered in my name and other in my wife name, before getting divorcee how can i transfer the plot registered in wife name to mine ? (Gift settlement )
please note i had not taken any money from my wife or gold to buy this property it is solely from my earnings
My wife is willing to get the property transferred in my name before divorcee (i had already settled alimony to my wife RS 15 Lakhs which is mentioned in divorcee application)
PLEASE inform me the procedure
thank you
drsxprt
01 May 2013 at 09:41
my wife blame me m not at par with other artificial means. it is an mental crueality. m impotent etc. etc. she is going to file a suit on mental cruelity for this.
like to knw does she can ? if she can thn what is remedy ?
Tipsy
30 April 2013 at 20:35
After the death of a Husband, the surviving wife gets automatic Gymkhana Membership right or application has to be made
Gymkhana Membership will terminate automatically on the death of a Member or Automatic status recognition for wife after death of husband .
At present our Gymkhana is saying that since you have not informed us ,your membership has been terminated
Pl Guide us and thanks in advance
ASIT
30 April 2013 at 19:10
My 498a ex wife remarried recently and two false cases are pending in the court 1) 498a case (evidence closed & pending for judgement) 2) Dowry case in the family court. As per my research her new husband and in laws are not interested to continue the cases.
1.Now how can I force the ex wife to withdraw these false cases?
2.My Advocate told me after acquittal of 498a I can file defamation and malicious prosecution cases in civil and criminal basis, Is it correct?
3.Is their any another option?
anki
30 April 2013 at 17:38
Really THANKS ONES AGAIN
continuing to my previous query
Is there any citation that helps me to prove his second marriage illegal or void.
may i take any legal action against him regarding his second marriage.
anki
30 April 2013 at 15:23
thank u all Experts for your valuable reply
continue to my previous query
sir in my case the order passed by Hon'ble High Court regarding restoration of Divorce is mutual consent order My husband & his second wife had given consent to restore matter from the stage of filing of written statements so my husband had not file appeal against high courts order.
On 21 Jan 2013 Family court had passed me an maintenance @7000/- per month
he is not ready to pay me maintenance as per order & told me he will spend money on Advocate but he will not pay me single rupee
now my query is may i take any legal action against my husband & his second wife.
I have evidence on my cell phone in voice record that he and his parents told me that i should not worry about proceeding there is no need to attend court in previous divorce proceeding and that's why Ex-parte divorce order was passed i want to know the procedure about submitting cell phone recording evidence in court
Just Passed LLB
30 April 2013 at 14:53
Divorce with mutual consent,
A Husband 29years from pune & wife aged 25years from Pimpalgaon(baswant)Nasik.
It was same cast Arranged marriage on 9/12/12 at Pimpalgaon nasik, got the marriage certificate of gram panchayat, from Pimpalgaon(baswant) Nasik.
(I suppose Court relevant is nifad taluka court,Dist NASIK, Maharashtra).
From 27/02/13 wife left spouse due to family clashes
(wife is arrogant & not suitable to family expectations of my client)
Finally wifes family supported her conduct & now
both the parties Mutully decided to take divorce on 28/04/13 orally.
1.One of the advocate from their side
says we will give false declartion that marriage occured on 9/12/2011 not 2012
& ask for Divorce by mutual consent at nifad court.
Husband is professinally qualified CS & CWA,
Falsifing or suppressing facts that marriage is occured in 2011 can hamper professional career in long run,
So as clients advocate i am not accepting the praposal of falsifying.
as the law says We are elligible to apply for divorce only after 1 year from marriage.
But both the parties want the legal divorce at earliest
Shall i go for false declaration?
What is risk of fasifying to my client in his CWA & CS practice ?
2. The relevant court is niphad is questinable ?
2.1.can i appeal in family court of pune for divorce?
As Clients residence is at Pune
2.2.comparatively (Pune or Niphad) where you think
the decree will be processed faster if both places are valid to apply for divorce?
3.What will be reasonable quote of Advocate fees this matter in total at Pune Court ?
Nilesh Kucheriya
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Cross exam-no.of adjournments
In an M.C case filed by wife against husband....
The update is AFTER FILING PROOF AFFIDAVIT BY WIFE, COURT FIXED DATE FOR CROSS EXAM BY HUSBAND in March 13, then husband wanted time.. so posted to April 13, again husband wanted time as there was another case on same day.... hence posted to 22 April 13 ( saying last chance).... THIS TIME ON 22 APRIL HUSBAND WAS PREPARED TO START CROSS AND EXPRESSED READINESS IN OPEN COURT.... ALL OF A SUDDEN OPPOSITE SIDE(WIFE SIDE) ADVOCATE PRAYED FOR DATE.... COURT POSTED IT TO JUNE 13.....
My questions are:
1. Like this how many times court can post /adjourn the cross?
2. As regards husband, now it is right time to start cross so as to bring out the facts which will help him in another suit running parallely in the same court filed by husband against wife..... may be just to drag this.. now wife side advoate is asking for dates for cross on MC case....
So, i want to know IS THERE ANY WAY THAT I CAN PRESS THE COURT FOR START UP OF CROSS ( SAY BY WAY OF MEMO / REQUEST BY QUOTING ANY
SECTION IN CPC /FC ACT ETC., ?. IF SO PLEASE GIVE REFERENCE TO SEC NR OR ANY IDEA TO CREATE RECORD FOR DISCOURAGING ADJOURNMENTS/ DATES.. ETC
3. Is there any way /possibility for the court to ASK HUSBAND TO SUBMIT PROOF AFFIDAVIT PENDING THE CROSS ON WIFES P.A?
4. Any other views /suggestions pls
regards
ramji