Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

B Pradhan Singha   16 March 2013 at 12:47

Nulity of marriage uuder s. 25 of sma 1954

I have the following quarries, please reply:

1) Is it mandatory to file a separate case U/s-25(iii) of special marriage act to declared a marriage null and void by the aggrieved party or it may be declared null during prosecution of an another case?

2) before exceeding 1 year the trial of a case U/s 365,366 IPC against victim's relatives has been started. During this trial, if the victims became successful to proof that she was forced to sign in the marriage registration, then does it mean that the proceedings U/s 25 (iii)have been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered? And can the court dismiss the case U/s 366, 365 IPC on the ground that the marriage is null and void?

Actually the defense counsel is going to argued on that point and they are trying to their best to proof that the signature was earned by means of undue influence. Next date is after completion of 1 year from marriage, they still have not made any separate suit to void the marriage.

Is their any verdict of high court/SC which may effective to stop their argument for void marriage during trial of another case.

3) Also one thing, can they made any FIR against me for kidnapping their daughter for marriage U/s 366 IPC after delay of more than 1 year from the date of occurrence? (note: initially they had made a missing diary before 1 year and the diary was closed as recovered)

4)Can they made a FIR for kidnapping where there is already a missing diary, closed with recovery record?

Please reply,

I am confused...also in fear....
I want justice...but trial is going to established the lie and false fact.

5) May i ask for contacts of any competent advocate in this open forum?



Naresh Sakpal   16 March 2013 at 12:32

Cr pc 125 and u/s 9

Dear Sir,

In village Cr.pc 125 Case filed by wife from May,2010 and Oder come from her side Rs. 4000 p.m. and till Aug, 2012 ( i.e. June, 10 to Aug,13 Rs.1,13,000) to pay by me. In mumbai I files a case i/s 9 which ordered Jan,13 from my side petition allowed. In which she got interim-maint. for Rs. 3000 p.m. ( i.e Oct,10 to Dec,12 Rs. 81,000) Now Both court by wife apply notice forcing me to pay both amt immediately or Warrant will issue in my name.

Now in Mumbai court I paid till 50,000 to her. She apply RD. Old job of 7500 resigned by me. Cert. produced in both court. New job 3500 Cert.produced in Both court. Mumbai Order produced in Village Court. Apeal done against 125 at time Six month before. No stay uet come. All Mumbai maint.receipt attached.
Now I cant pay in Village court for the same period for which I am paying in Mumbai.
Please advise me what to apply or File.
Thanks

Puran Maurya   15 March 2013 at 20:38

What can i do?

My wife file u/s Sec-125 cr.pc. for maintence in 2006. My wife always says if you not press our case then i live with her.
In 2007 i "not press" own case u/s Sec- 9. then running own case u/s Sec-125 cr.pc. regullary & get X-party order about 1200/- per month maintence. after information & cheting of wife geting X-party order I, filed Sec-126 (2). In u/s 126(2) Hon'ble court passed order give maintence 600/- per month filing date of u/s Sec-125 cr.pc.

Noted:-
1) My wife write in sec-125 cr.pc. in 2006 "not working & his family members are not working" at this ground she get x-party order. but at that time she is teaching a Private School.
another is she writes husband is working in so & so but not give any evidence.
2) My wife is practicing lawyer in 2009.
4) My wife write "Unmarried" Bar counsel Registration form.
5) My wife & his advocate beating in Family Court, I infrom to Present of Family court, related Police Station with medical but not do any proceeding.
6) She writes always false statement.

Relief:- what can i do & what section is liable

ark   15 March 2013 at 17:46

Bigamy

sir, i married a widow 3 years ago.. and got the marriage registered..in registar office...we were in releation for past 5 years..
she wanted me to keep our marriage as secret since she had to get claim amount for her first husband acccidental death..( her husband died in road accident, he was govt employee) this girl is having a child from first husband..5 years now..we were living seperately and met secretly girls parents knew about our marriage.. Now after getting compensation she married another person without my knowledge....6 months she cheated me...

I want to file a bigamy case sgainst her..
fearing that she may put 498a/ harrasment case against me...

her brother beat me for calling her about my marriage issue.. a case is filed against his brother u/sec 343,34..
i have proof of her new marriage and my marriage certificate.. no photos of her with me...

sensitiveman   15 March 2013 at 17:41

Wife not allowing smooth access of child

Hello Ld. experts,

My wife filed for divorce under cruelty. In the mediation, we had mutual consent for child access and interim monthly payment to kid. Unfortunately, she is not implementing the order in a proper way. She is trying to harass me by not coming on time and leaving at the same time as mentioned in the mutual consent agreement. She brings her family members due to which child hardly comes to me whereas in the mutual agreement it has been clearly mentioned that the child should be accompanied only by his mother. Also, sometimes she doesnt bring the child on access dates mentioning that the kid is not well so whenever I ask for any alternate arrangement then she doesnt even respond.

In this relation, I requested her to kindly follow the agreement so that both the child and father can have good time with each other but she is least bothered.

From my side, I am following the agreement and making payment regularly. Kindly suggest how can I handle this or what actions should be taken?

Also, I wanted to know that whether I can skip my regular payment to child if she doesnt follow the Mutual consent agreement for child access....what will be the consequences for non payment? Can court will allow such measue if wife creating obstacles in access?

Regards

Member (Account Deleted)   15 March 2013 at 15:39

Family

Q)my wife has filed transfer petiton of my divorce case in supreme court of india where the case was referred to mediation center of supreme court. 3 session of mediation was held and last session is on 21/3/13.i want to know does mediator has to submit detail report of mediation to the court. can any remarks of mediator is helpful in transfer petiton. moreover mediator is expecting something i.e money, from our side. plz guide me what are the power of mediator.

Intern   15 March 2013 at 13:50

Jurisdiction of courts

Leraned Experts
Query in short..requested to reply as what law says about jurisdiction
Husband and wife were living in Bhopal after marriage. After all blunders and fight wife came to her parental home in Delhi and flied package of cases 498a 406 34 DV-125 etc.
The allegations which she has put in FIR are all based out of Bhopal where the couple was staying...in layman she has alleged that she was beaten in Bhopal...dowry demand was also done in Bhopal and all shit which is written in FIR pertains to Bhopal not Delhi
My query stands when all allegations are pertaining to Bhopal....can the husband Can approach court to change the case jurisdiction to Bhopal local court??
And if yes whats the procedure??

vaidahee   15 March 2013 at 12:50

Mentally unfit grandmother seeking rights to meet grand child

Facts:
I am a 35 year old woman, post-graduate, house wife for the last 6 years.
Guy’s mother is working with a reputed firm. She has some mental illness and is/was undertaking psychiatric treatment for the same.
She is extremely stubborn, does not take no for an answer and successfully forces her way in every single thing.
There are many reputed senior doctors in the family who too are highly influenced by her.
Guy is like mother. Extremely stubborn. Physically, mentally, verbally and emotionally abusive. He takes order from his mother like a slave (no exaggeration). Guy has business in south and hence is away from home for 3-4 months at a stretch. After each assignment takes a break of 2-2.5 months and comes down to pune as well.
Guy has sister, well educated and well settled. She has been the one who has initiated the divorce idea.
5 year old son’s possession with me.
All are STINKING rich.
Finally MCD decided. Date in last week of March 2013.
Streedhan and one time settlement not the main issue. Hence, shall keep aside the topic.
My burning issue is my 5 year old son.
Guy’s mother is Fanatic about my son. Living in a joint family with inlaws,I have not been able to successfully voice her weird way of pampering of my son. My son too adores her a lot and I have never tried to bring down that relation nor said anything nasty about them to my son.
However, on the other hand, I am learning that they are somehow either by playing games, through stories, cousins’ talks and examples making him think that he shall be better off living with them. He dearly loves me and even with them if I am not around for a long long time he does cry for me (this I know from the neighbours)
Knowing that I can be emotionally manipulated, Guy’s sister keeps talking to me and finding out what my next plan of action is , and how it would be in my son’s best interest if he spent a lot of time with his grandparents rather than in a day care.
They are so confident about themselves, that they are boasting to friends and relatives that my son will happily go and live with them.
Please advise what action I should take? Any suggestions are welcome

I am walking out of the marriage for my son. His safety , emotional stability .

Please advise what action I should take? Any suggestions are welcome

Sundram N   15 March 2013 at 09:53

Divorce and child custody


Dear Seniors and friends,

Under the circunstances of filing case of 498a on all the members of family and bail for husband is only pending in back six month before session court. and hoped that wife filed 125 also to extort money from husbnad. children ae two age more than 7 yrs.

kindly share your exper view that, husbnad can file diovorce and petition for custody of children as their education is deteriorating day by day.

in the circumstances as bail is pending only for husbnad than:-

1. only child custody petition will be proper in view of saying before court that husbnad wants to take custody of children to bear hundred percent of expences so that wife side can not extort huge money in the name of maintenance of children.

2. divorce will be proper to file after geting bail of husbnad.

3. at present, before geting bail of husbnad : only child custody is proper to file or divorce with child custody case will be proper to file immediatelly.

kindly share your expert veiw in the above three circumstances.

iTuzzar   15 March 2013 at 00:31

Birth certificate language change

I have my birth certi in local regional language. I want to translate it in English for international use.
Which person, authority or organization will be helpful to me? Should I go to advocate, hospital or elsewhere?