Alok
18 April 2013 at 02:40
I had been wrongly framed in a DV act case by my wife. The case had been dismissed two times by the court on account of her not being present in the court during any of the proceedings. She was even given a penalty sentence. Now suddenly I had received the summons from the court on the dismissed case (case dismissed second time on 23 September 2012). when I enquired I came to know that the case had been restored based on the affidavit filed by her where she had confessed that the case had been dismissed because of her fault and the case should be restored again. This had been done after a period of more than 4 months. Can you please tell me how many times this case can be restored. What should be my next step.
Note:- The case had been dismissed two times till now.
Vasan
17 April 2013 at 21:27
Hello,My sister got married at 2008 and the marriage was registerd within 1 month.But my sisters husband was undergoing divorce process with his 1st wife then.Only in 2011 he got legally divorced from his 1st wife.whether my sisters marriage is valid because she registerd it even before her husbands 1st marriage got divorced.does she need to re register her marriage again?she has her spouse name in all her documents including passport,bank docs ect.
Arvind Singh Chauhan
17 April 2013 at 18:40
Respected Seniors,
Proceeding under 125 Cr.P.C & Sec 9 HM Act is going on. Matter of 125 is at concluding stage.
I have to pary to court to stay the 125 up to the decision of Sec 9. AS if under 125 court finds that wife has reasonable cause to leave matrimonial home and maintenance is granted, but later if in Sec 9 civil court finds that wife has no reasonable cause to live apart. Civil court's finding will prevail over criminal court's finding.
plz refer case law favouring me on this point to stay the proceeding of 125.
mverma
17 April 2013 at 15:25
Hi
My brother got married 8 years. After the marriage his wife (I don’t know what was the reason) was not talking to him and my parent properly. They had seven year old daughter. Few days before, Her parent and her family member came and took her and her daughter away with them without asking my brother. Now they are literally saying the false thing that my family was abusing her.
After this incident my brother had visited her place and is continuously in touch with her and her daughter. But she is now forcing my brother to live in her parental city and from there he can go to his office daily The distance from the place is 2 hours. We are worried that she can file the case against my brother.
My brother and father along with some mediators has already visited her place but now she is saying all the false thing about my brother.
Should my brother take some legal step before her processing any thing or should he wait?
Jalpa Kakkad
17 April 2013 at 13:16
Last 21st march, 2013, family court give me orders, by mutual concern, now my husband not followed this compromise order, now what to do ?
judges give me maintenance orders,
I.e.first 30 months,8000/-, next 30 months, 12000/- and from 1st march 2013, 18,500/-, regualary payto me by my husband, and i have to withdraw all cases, i.e 498, 406,420, domastic violance act, and we both now neverdoe any cases on each other,like, 494, 497,etc., and we have to take judicial saperatio order from court.
My husband current salary package is 25 lac. than also i got this type of order. at that time my husband mutually agreed and done compromise deed in court now he told that he will not accept this order.
now what i do. Plz. help me.
Venkatadri
17 April 2013 at 12:58
Good Afternoon Sir
My wife kept false 498a charge sheet on me and on my family members and I came on bail and my family members got anticipatory bail and I/O had submitted charge sheet 2 months back and in that charge sheet I/O involved all my family members names and one day I attened the court peshi on march 2013 that day court peon called all my family members names for peshi but sir my family members did not received any sumons for attending the court peshi and on that day Judge was not there and I asked the court peon that my family members did not received court sums for attending the court peshi for that he replied we forgot and moreover court peon said ok any way for next court peshi i,e after 2 months (on May 2013 ) you must bring your family members for court peshi but sir till now my family members not received court summons for attending the peshi so without receiving the court summons how can family members attend the court peshi or shall my family members wait for court summons for attending the peshi and on oral information which was given by court peon if my family members not attened the court peshi is there any problem for us. Sir, pls give information on this.
Thanking you.
Jalpa Kakkad
17 April 2013 at 12:47
Last 21st march, 2013, family court give me orders, by mutual concern, now my husband not followed this compromise order, now what to do ?
judges give me maintenance orders, case no : 671/2008
I.e.first 30 months,8000/-, next 30 months, 12000/- and from 1st march 2013, 18,500/-, regualary payto me by my husband, and i have to withdraw all cases, i.e 498, 406,420, domastic violance act, and we both now neverdoe any cases on each other,like, 494, 497,etc., and we have to take judicial saperatio order from court.
My husband current salary package is 25 lac. than also i got this type of order.
I accept this order and at that time my husband mutually agreed and done compromise deed in court now he told that he will not accept this order.
now what i do. Plz. help me.
Jalpa Rajendra Kakkad
Victor
17 April 2013 at 11:17
Brief history
Wife put 5 cases, 498a in 2005, march-2006, May-2006, 2008 DVC, 2010 and 2013 attempted .
Luckily 2005,march-2005 no case booked.
2008 dvc & 2010 compromised.
Husband put up OP case in 2008 & next date is 3rd may.
Now some experts suggesting not to compromise in OP case as she seems to be nuisance and no trust between both parties.
Question
1) Can children be put in hostel for continuing thier education without interrpution in current situations of thier parents. If yes what section husband has provision and approx how much time court would give direction in view of academic year getting started in june.
2) As suggested by experts to contest the OP , there is possibility of wife asking for alimony or high monthly maintenance?
are there any guidelines/section to court to grant the maintenance or alimony reasonably instead of her wish list.
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Couer proceeding in 125 cases for maintenance
Respected Senior,
In hearing of maitenance case yesterday ( wednesday), it is observed by family judge that summon is backed without serving to husbnad. family judge gave note that, in next hearing, exparty order will be passed.
sir, i personaly want to know that, judge can give exparty order of maitenace without any evidence from wife side or husband side in next hearing as the summon is not served on husbnad.
what procedure will be taken in next hearing by judge. kindly share your expert veiw. Husbnad AB in 498a is pending about eight months in session court.