S
14 March 2013 at 19:34
Dear Friends,
I am asking this on behalf of my friend Mr. Raghu Chettiar.
1. Wife is highly qualified with post graudation and was working prior to marriage but still getting Rs. 12,000/- as Interim Maintenance u/s 20 HAMA (Hindu Adoption & Maintenance Act). She had prayed for separate shelter in the interim application. To which the Family Court Judge along with passing the interim order mentioned that her request for separate shelter will be considered during final disposal of maintenance petition.
2. After 1 year, Wife filed a case under Domestic Violence and again asked Interim Reliefs u/s 23 of Domestic Violence Act and Residence Order u/s 19 for alternate accommodation.
3. The MM passed an order that the Husband although paying interim maintenance as per HAMA order has not made provisions for shelter and passed an order to provide alternate accommodation of the same standard as enjoyed by wife during her stay with the husband or pay Rs. 8000/- as Rent.
4. There is no mention of domestic violence taken place in the order.
My Questions:
1. Is the MM's interim residence order appeal-able with higher chances that husband can get the order set aside. Also, the Appeal has to be lodged within 30 days or 60 days?
2. On what grounds can the appeal be made?
a) Same prayers in multiple courts/proceedings? Any judgements?
b) Under HAMA, definition of maintenance includes residence.
c) Highly qualified and post graduate.
d) Sec 19 can be passed under Disposal of case and not during interim order?
e) If she needed shelter she should have approached the same court and not other court.
Any other grounds of getting the appeal succeeding in cancelling the interim residence order.
Please help.
IK
14 March 2013 at 15:54
To
Lawyers Assn.
Legal Experts.
Sub: Dismissing the Petition in the Family Court.
2) Already submitted the Supreme Court Decision stating Inter-Religion Marriages are invalid under Hindu Marriage Act.
3) Application submitted to Court for dismissing the petition filed, because the case is not maintainable.
4) The Hon'ble Judge knows that this case has no maintainability.
5) But the Judge has given them 5 chances (dates hearing), but still opposite lawyer has not filed the objection but delaying long.
Dear Sir,
I am Mr. Khan residing at Bangalore City and respectful citizen of India. I have some queries and require a legal advice with Citations or Judgements from you. It would be highly appreciated in this regards.
Matter:
The Boy (Muslim) was student in 12th std. In the year 2003, the boy (Muslim) used to go to tuitions. In the tuition, a Girl (Hindu) had became friend with him. Even she was coming for 12th std tuition but from other college. The Boy family background is good. His father is well respected Educationist and Mother is also Professor. The Girl family background is not good. His father is a Mestri (Contractor) and Mother is Housewife cum Dancer. They resided in very bad area in Bangalore were people mentally and quality of living is not good & famous for dirty things.
During there tuitions, her friends used to meet the boy’s friends and the same way this Muslim Boy and Hindu Girl became friends. The Hindu Girl came to know about the Boy’s family status, he used to go in Car and bike. Firstly the Boy tried to avoid, but off sudden many times she used to come to Boy with flattering talks and emotion and ask the boy to help her.
Then this relation went further on, she started telling that she is in love with Muslim Boy. Then, she was always trying to woo and attract him. One day, she told that she cannot stay away from him. So she told that they shall runaway from their houses.
The Boy was also became emotional with her. So, one day they ran away from their homes. Now, she forced the Muslim Boy to marry her. Firstly the Boy got scared and avoid but she pressurized saying everything she and her friends has arrange. The boy was in dilemma.
She took him to one Sri Ganesha Temple in the outskirts of the city and made some rituals and also she told to the Priest that Muslim Boy name is Rajesh(Hindu Name). But the Boy has not changed is Name legally (Still present he is a Muslim with his muslim name only). They taken photo of the pooja and both of them standing together. Some 8 photos have been taken. Then, the boy was afraid. They went back to their homes without informing anything to their parents.
Later on, the Hindu Girl started blackmailing him. The Boy never made contact with her again. He told to his parents that he want to studies further in abroad. So, they sent him for studies. Now after some period of time that girl with her mother started blackmailing the boy's parents. This is how it happened.
Now the Case,
1. After longtime, in 2006 the Girl Registered a Complaint in the Police station as 498A, 506B under DP Act.
2. She now in 2012 registered a Divorce Petition u/s 13 in Family court also.
3. She stated they are married as per Hindu Rituals. Photos in Temple taken. (But No Proof of Marriage Certificate or affidavit or any legal document issued from the government or court authority).
4. She filed Divorce Petition u/s 13 of HMA in Family court also now in 2012..
Now, I have given all the facts and details about the incident.
1. Its inter-religion.
2. No marriage documents.
3. She never lived at Boy’s parents house.
4. Change of Name.
5. No religious conversion taken place on both sides.
* * * * * * * * * * * * * * * * *
Present Status:--
1) In the 498 case, this case is running still in the court. Now its in Statements.
2) In the Divorce case in Family court, we have submitted the Supreme Court decision that 'Inter-Religion Marriages are invalid under HMA'.
We have submitted Application to Dismiss the petition, has the case is not maintainable.
Note: Also the Hon'ble Judge knows that this is an Inter-Religion Case and has No maintainability.
3) But the Judge has given them 5 chances (dates hearing), but still opposite lawyer has not filed the objection.
Questions:-
1) How to immediately Dismiss this Divorce Petition. Because already they have given 5 chances.
2) How to convince Judge to dismiss the case fast without delay.
3) After dismissing, will this help to dismiss the 498 case.
4) How it is to be done.
Note: How to immediately dismiss or quash these 498 and Divorce petition.
Sir, this is a sincere request with your kindness. Please help us with the above details.
Thank You
Aamir
14 March 2013 at 11:17
Hi my parents where sapareted 37 years ago, My mother is living with me right now, My mother has
filed a case in (1976) which judgement came in my mother's favour in my father has to pay Rs.
75\month to my mother and Rs.25\moth to me.
1). We have filled a case against my father of phsyical harresment which he has done to my mother
76yrs ago and for right in his property.
And we lost this case ( the judgment came that a wife cant file case against his husband after so
many yrs and the judge have menthined some supreme court judgment).
2). Can we file case for the recovery of the amount 75 and 25 which is in the order.
3). Can I or my mother claim rights in my father property????
What can be done if my father has put property in the name of his second wife or kids.
He have never helped\talked me or my mother in 37yrs.
People like this should be punished.
Please menthion islamic law which can be aplicable on my father.
kamal
14 March 2013 at 10:39
Thanks all of you for the response
I am very new to this site and dont know how to reply on the same answer which i have recieved that is why i have send new request
If u all feel that i m misuing this site then u all are wrong.... i am going from tough time and required ur urgent help but u all are thinking i am wrong
any ways jab kisi bhi insaan ka time kharab hota hai dusre yahi samghte hai ki vo insaan galat kar raha hai but asa nahi hota.... har insaan ek jaise nahi hote jaise haath ki five fingers same nahi hoti
Amit
14 March 2013 at 09:56
Hi,
I am fighting a divorce case wherein my wife committed fraud upon regd her age.
I have seen her passport with wrong DOB (what was told to us) whereas her educational certificates and PAN have the original DOB.
I've filed a petition in the family court for my wife's passport details but even several months later, no action has been taken.
I am now contemplating filing a direct complaint about the DOB fraud in wife's passport.
Can you suggest if this is advisable?
Who all should I sent the complaint to (regional passport office, vigilance cell in Ministry of external affairs, CID, CBI, local police, ...)?
Does any one have a format or should I contact a local lawyer to draft the complaint?
If the complaint is proven false (I doubt this as I have seen her passport, but just in case), then what actions would follow (any action against me)?
How can I track complaint and know what action has been taken?
Can I file anonymous complaint? If yes, how to track the complaint?
Any other suggestions are welcome.
anup neshti
14 March 2013 at 09:43
dear sirs, As per Indian family, the ancestral property is divided and handed over to the next generation as per the will. but in our case, the property is yet to be divided amongst my grandfathers. and then comes the share of my father and uncle. which is going to take a long time. some of the property was into litigation since decades, which through high court, was now judged in our favor. two questions-: 1) is there a legal way to get the process sped up by issuing notices to the concerned parties? 2) we are well to do family on our own. my father wishes to donate his share into different trusts, temples and orphanages. can he do that now itself when the properties are yet to be divided and freed of litigation? our sole concern is that my fathers share should not be used in any way by his family or its members in future. your guidance and advices are valued and welcome. thank you
ahmed
13 March 2013 at 23:22
respect sir
my grand father leave 500 sqyd house . this property miltry cottage after his death .govt pass go no.166 date 2008 to regularzise and transfer the property but my uncle and aunty dnt mention my mother name in legal heir certificate . and he try to regulerzise and transfer to his name . please what do my mother legal way to take share . and what share come my mother name my caste muslim total 2 brother 3 sister please give me advise . secunderabad andhra pradesh india
B Pradhan Singha
13 March 2013 at 19:01
Dear all,
I have quarries about my case as follows:
U/S 25 (iii) of Special Marriage Act, it described that, Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if The consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872),
Provided further that in the case specified in clause (iii), the court shall not grant a decree if Proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or The petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered.
In my case, my wife was forcefully separated from me and given a 2nd marriage immediately. Our marriage date was 27/03/2012, we were forced to be separate on 28/03/2012, and her 2nd marriage date was 01/04/2012,
Against my FIR, she had recorded a statement U/S 164 CrPC on 20/7/12, stating that we had induced her intoxication to obtain her consent and forced her to sign in the registration.
Now, my question is that, what does it mean by instituted within one year as per sec 25 (iii) of special marriage act’1954. Is her statement would be treated as institution of the proceedings U/s 25 (iii) of the act to nullify the marriage. All though she had made no separate complaint or FIR or petition by any means.
I have strong circumstantial evidence about her free consent and consummation. If I became successful to proof that what she says is false, then what will be the future of the case? My FIR is U/s 365,366,506 IPC against her parents and relatives and alleged husband.
Another point is that, in the meantime, if she files a divorce petition, then proceedings on the point of nullity of the marriage will continue? I mean to say, if once a divorce petition is filed by either party, can she further argued on nullity ground?
kamal
13 March 2013 at 18:57
Mr. burman
i am not misuing this site rather i want to have sure way out to get rid of this issue which i am going from
you are talking this matter in another way
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