Member (Account Deleted)
08 April 2013 at 21:06
Q) my wife has filed domestic voilence case against me. i am a govt employee i want to knw does it effect my service in any respect i.e promotion etc. plz reply
Rajan
08 April 2013 at 17:44
Dear Sirs,
I am a Party - in - Person
I have applied for divorce on January 2001 (prior to the amendment of the Divorce ACT 1869) on the grounds of adultery based on the documentary material evidence.
Marriage date: 03.09.1999
Deserted by wife: 21.12.1999
Filed petition on: 28.01.2001
After the amendment of the divorce act in 2001 (WEF October 2001), I requested for amendment of the petition to include creulty and desertion (as this clause was not available earlier before amendment), amendment filed under Order 6 rule 17 and CPC 151
amendment filed on 26.1.2006
Kindly advice if the two years of desertion preceeding the petition is calcualted from orignal petition filing date (as this clause was not availble)
OR
is the two years of desertion preceeding the petition on the grounds of desertion is from the date of filing the amendment petition (as the clause of desertion was amended only after filing the petition)
Kindly advice and thanks for your advice
Rajan
07 April 2013 at 16:25
Dear sirs,
The husband petitioner divorce petition on Divorce Act has been dismissed. The aggrived petitioner shall prefer an appeal over the district court dismissal of petitiion.
Can you please advice
1. if the petitioner husband should file a petition under Order 41 Rule 5(2) immediately in the district court and apply for first appeal in the high court.
2. is it a procedure that respondent wife shall have to apply for restitution of conjugal rights based on the petitioner husband dimissed petition
thanks for your advice
Rajan
07 April 2013 at 09:28
Dear Sirs,
Thank you for your advice.
If the divorce petition of the petitioner husband is dismissed by the sessions court and the petitioner husband as adviced by the experts shall prefer to go for first appeal at high court.
In the meantine, can the respondent wife be entitled to enter the matrimonial home (kindly note that the petitioner husband is not staying in the matrimonial home the address of commincation of all the petitions and the matrimonial home is rented to third party). Petitioner husband is residing in another town in a rented house. In this case will the respondent wife be entitled to enter the matromonial house that is rented to third party.
If she by forces try to enter, what is the remedy left to the petitioner husband
Kindly advice
Atish
07 April 2013 at 00:07
Dear All,
Firstly I thank you all who have answered my quries in the past.
My wife (we have 2 sons who are living with me)had filed a divorce petition as per muslim law(and had left the matrimonial house without informing me and without any reasonable cause or any police complain filed) through my ex lawyer who had all the property and money information of our entire family as he had prepared the wills for all. In the family court we produced documents of my wife’s bank account in one bank which she had opened jointly with the lawyer as either or survivor while she was staying at the matrimonial house before filing of the Divorce petition. In the same bank she had opened a locker and had made the lawyer the nominee and she had also opened a few Fixed Deposits of quite a large amount in which she had again made him the nominee. In this bank he had introduced her as “Housewife” first with the matrimonial house address and then changed it to his office cum residential address.
We also produced another bank account in which she had made him a nominee and also a nominee for the debit card where he would be entitled to the insurance money on her death. In this bank she mentioned her status as friend to him and produced a leave and license agreement of his office cum residential address showing her as a licensor. Here he has not registered the leave and license agreement but just on a rs.100/- stamp paper for convenience of showing an introductory address in the bank. The License fee also shown and deposit shown is hardly 5% of the actual value of license fee in that area.
Besides this we had also produced photos of him picking her up from her work place while her cross was going on which she had agreed at the time of cross.
We have also produced enough documents and photos showing that my wife had coverted to Christianity many years ago. These include her photo of Baptism, letters written to her son in school preaching Christianity and many receipts of cheques given to Christian Missionaries on her name, and all this while she was residing at the matrimonial house.
We have put an application in the Family Court for Adultery and Conversion.
My wife who has made many and umpteen allegations against me in her petition has not even brought one document or oral evidence on record whereas we have brought maximum documented and oral proof against her and I really mean lots where she has lied about 95% of them in her cross which has been noticed clearly by all.
How bright are our chances of an order being passed in adultery and conversion by the Family Court with whatever proof we have provided.
Regards
Ganga
06 April 2013 at 22:31
Hi,
I am residing at my parents place since 2 years. and inlaws have not even tried to contact me once nor do my husband. so i sent a notice for my streedhan and certificates, but now they are refusing and replied that i have taken all my belongings with me while leaving their house. I am not working also my lawyers charge is too much. So can you guide me as to how can i proceed with my case and also i need a divorce.
Rajan
06 April 2013 at 21:26
Dear Sirs,
The Divorce Petition filed by the Petitioner was dismissed by the sessions and district judge.
Can you kindly advice, if the petitioner should apply of review in the same district court
Or go for an appeal with the High court?
Is it possible that the petitioner can get back all the originals documents filed at the district court. Kindly also advice if the petitioner can file the CA for the copy of the judgement and for the original documents together.
Can you kindly advice what is enforcement of the judgement.
If the petitioner appeal against the judgement, can the respondent be able to claim to come and stay in the house of the petitioner.
Please advice and thanks for your advice
J.K.SHARMA
06 April 2013 at 16:09
Dear All
Pls guide us if husband expired due to illness what impact on other co-accused whose name are in 498A. Is case was closed or its run on others. or after 1 motion payment which amount settled will be payable by others or not.
Thanks
manik
06 April 2013 at 13:28
Hi Team...please suggest how can I inform the court that I won't be able to appear on 1st hearing in the matter of Section 13 (1) (ia) of the hindu marriage act 1955 read with section 26 of the protection of women from domestic violence act 2005...I am not medically fit...
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
How to calculate the period of desertion
Dear Sirs,
I am posting this query for your advice
PLEASE IGNORE MY EARLIER QUERY ON THE SAME SUBJECT AS MY QUERY WAS REPEATED 4 TIMES ON THE SAME PAGE DUE TO INTERNET CONNECTION PROBLEMS
I am a Party - in - Person
I have applied for divorce on January 2001 (prior to the amendment of the Divorce ACT 1869) on the grounds of adultery based on the documentary material evidence..... Filed petition on adultery (only grounds available) under Divorce Act 1869 -- petition filed after 13 months of desertion
Marriage date: 03.09.1999
Deserted by wife: 21.12.1999
Filed petition on: 28.01.2001
After the amendment of the divorce act in 2001 (WEF October 2001), I applied for amendment of the petition to include creulty and desertion (as this clause was not available earlier during my presentaion of the petition), amendment petition filed under Order 6 rule 17 and CPC 151 .......Filed amendment petition after many grounds were made available in Divorce act 1869 amend 2001 added the grounds desertion and cruelty -- filed amendment after 7 years and 10 months
amendment filed on 26.1.2006
The amendment Sec 10 reads .... has deserted the petitioner for atleast 2 years immeadetly preceeding the presentation of the petition
So kindly advice if my petition filed on desertion shall qualify the Sec 10 as grounds were included and presentation of the pettition after 7 years of desertion
OR
will the grounds of desertion be treated as void as the main petition on adultery was presented after 13 months of desertion ... and amendment for grounds on desertion was taken after 7 years --- but still consider that the petition was presented after 13 months so that it shall not qualify Sec 10 amendment
Kindly advice and thanks for your advice