Rabin Adhikari
11 March 2013 at 20:57
During divorce proceedings u/s 13 HMA, applicant husband filed a petition u/s 340 CrPC against the wife for concealing her employment and other facts. The Civil Judge (Sr Division) though granted the decree of divorce in favour of husband and held that the wife is working, did not discuss about the 340 Petition in his Judgement & decree. However, the Judge in terms of a separate order on the perjury Petition, declined to entertain the same stating " the petition is misplaced". No appeal could be filed in the next higher court or high court as the concerned advocates though promised but backed out saying that there is no cases so far filed under 341 CrPC category. already six months passed after the judgement. WHAT IS THE COURSE LEFT FOR perjury case against the divorced wife as the blatant lies for which 10 lakh permanent alimony was allowed should be nullified and the Courts cant close their eyes on such contemnors.
Tarunjit Sarker
11 March 2013 at 19:07
This already resolved so have delete.Thank you.
venkat
11 March 2013 at 17:01
Respected Members,
I have filed Divorce petition and my wife filed for Interium alimony. She is asking for Rs 30000/- for her and my 3 year daughter. That include Rs 10000/- for legal charges. My gross salary is Rs 51000/-, and take home is Rs 37000/-. My deductions include PF, TDS, persoanl loan EMI, Voluntry PF. Also i have another personal loan where iam paying Rs 8500/- EMI. Altough my father is pensioner, I am contributing Rs 10000/- towards my parents expenses.
My wife is un employed and she had not completed her graduation.
Please guide through the said points :
1. what will be maximum amount can court grant.
2. what are the standrad deductions court take into consideration.
3. will court consider the expenses towards my parents.
4. I am willing to pay the IA, but want to teach her that for earning money one has to really work hard( she left me demanding for seperation from parents and total control of finances ).
5. what can be the counter points for me to raise against me.
Please guide me, as my lawyer is a junior one and the wife's lawyer is a very senior lawyer. I have to buid my own case and had to give inputs to my lawyer.
Also please enlighten me "For the IA, the wife would have filed an application that she needs money, now when the IA is ordered, it needs to be paid from the date of the application. For eg: if the alimony application is given on 22-2-2012 and said application is allowed in subsequent months, the alimony payable to the wife is calculated from the date of application.
Such application needs to be given at the completion of one year, which means to say, every year a new application need to be given. The amount fixed as IA would have been fixed based on the situations of that particular year. So dont keep paying money blindly into her account.
After divorce is granted, husband has to pay peramanent alimony, here once again wife has to give application on an yearly basis. "
Thanks & Regards
arun
11 March 2013 at 16:24
dear sir,
i had married a widow in 2009 nov. ( registerd in register office). she was working as a cleark in state govt office..she wanted me to hide our marriage till her case of claim cleard. her husband died in road accident in 2008 february. her age is 28 years.at that time. i was unmarried.. her parents knew about our marriage... her brothers were against her marriage.. i frequently visited her house when her brothers were not there... their parents supported us.. she had a boy from her first husband 1.5year old ( she was married in sep 2006)...
I supported her morally and managed to get her back from old memories.. i pursuaded her to write departmental tests...She got promotion in her job and from then their parents changed tried to avoided me... brothers came to know about her marriage with me... My parents did not knew about my marriage... after hearing the news that i was loving this girl they warned her nov 2011...I went out of town for the situations were not in my favour.. i had to look another job so i went to hyderabad in march-2012...
i used to call her she said situations not in our favour i will call you soon a year passed i came to know that she is married to another person...
she did not even inform me about it ( she got married in june 2012) . i had met her personally and called her many times in between june2012 and feb 2013... she hided her marriage with other person..i came to know about it in feb 2013... how to proceed against her for cheating & bigamy...
Married to her : 12/11/2009.
no photo gaphs of her marriage with other person. & my photograph with her..
we did not stay in single place...
we met frequenty in my house/ her house when alone..( we used condoms & pills to avoid pregnancy)
She is pregnent now 4 months...
kindly suggest..
regards,
arun
07386140269.
vaidahee
11 March 2013 at 15:36
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 and/ or 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? Legal or otherwise ? Any suggestions are welcome.
I am walking out of the marriage for my son. His safety and emotional stability .
Member (Account Deleted)
11 March 2013 at 12:28
After a long battle of 1 year , we got visitation right of my 2 years old child at my wife's place.In order ,judge mention that 9th,march which is child birth day , we will go & celebrate birth day.
This was first day of visiting.
We went on 9th march at schedule time , but notice the house is fully locked and there is no one, in the house.
We then went to police station made a diary,police came & verify our statement
We send her copy of court order earlier ,by post, she received that.
Now ' my question is Is it contempt of court ?What action should i take ?
Judge order me to meet my son once in a week , 5.30-7.30 P.M.Should i go there again or inform court first
Amit Oza
11 March 2013 at 08:22
Hi...my collouge .she is going throgh marital disput since 4 years. court has given an order for maintaince of 2000-pm as she is having a child..it has been 2.5yrs she is not getting any maintaince from her husband. her laywer is also not helping her.she has left the case in between.what kind of action she can take ,dose court provide free laywer serive to her.
satinder bassi
10 March 2013 at 22:35
*(1)मैं nidhi sharma के साथ 17-09-2012 को दहेज के बिना शादी की थी. यह हम दोनों की दूसरी शादी थी . मैंने अपने 26-08-2012 को punjab keshari classified news paper में शादी का विज्ञापन दिया था. मैं दहेज के बिना विज्ञापन में भी लिखा था.शादी के एक महीने के बाद Nidhi sharma अपने पिता, भाई, और विक्की (पड़ोसी) के साथ मुझे सूचित करे बिना और मेरी अनुपस्थित में अपने घर जगाधरी चली गई.
*(2) कुछ दिन के बाद nidhi ने woman cell शिकायत दर्ज कराई. मैंने भी woman cell nidhi sharma और उसके माता पिता और भाई के खिलाफ शिकायत दर्ज कराई. nidhi sharma की पहली शादी के तलाक के पेपर की जाँच के लिए अनुरोध किया. woman cell में दूसरी सुनवाई िदन Nidhi sharma ने माननीय अदालत में घरेलू हिंसा मामला दायर कर दिया. police ने दोनों की शिकायत को बंद कर दी
*(3) जब मुझे Nidhi sharma की शिकायत की कॉपी मिल गई. जब मैंने nidhi की शिकायत को देखा. जो उसने 1st time शिकायत में हम पर दोष लगाया था ,हम 50,000( पाँच हज़ार) रुपये की मांग कर रहे हैं. उसने शिकायत में 3 जगह पर 50,000 रुपये लिखा है. court में हम पर उसने दोष लगाया है ,हम 5,00,000रुपये ( पाँच लाख) की मांग कर रहे हैं. बाद में शिकायत में 3 जगह पर 50,000 रुपये में एक शून्य लिखने के बाद 5,00,000 रुपये कर दिय
*(4) उसकेे अदालत के बयान और महिलाओं सेल की शिकायत में छह अलग -2 बयान है.
(a) Nidhi sharma ने दूसरी शादी के बारे court के बयान में नहीं लिखा है. लेकिन उसने women cell की शिकाय में दूसरी शादी के बारें में लिखा है.
(b) court के बयान में लिखा है , जब मेरा पित और उसके माता पिता ने मुझे पीटा,तो मैं 17-10-2012 को स्वयं अपने घर चली गई . लेकिन उसने women cell की शिकायत में लिखा है, मैं 17-10-2012 को अपने माता पिता के साथ चली गई .
(c) उसने मेरे पिता के खिलाफ women cell की शिकायत में नहीं िलखा है. लेकिन उसने मेरे पिता के खिलाफ court के बयान में लिखा है.
(d) Nidhi sharma कह रही है ,मेरे माता-पिता ने शादी पर उसके माता पिता को कान की बालीया और अंगूठी दी थी. मेरे माता पिता उस पर टिप्पणी की थी. जो nidhi ने women cell की शिकायत में दहेज की सूची में आभूषण के बार में लिखा है , उस में एक हार, लड़का और लड़की की एक एक अंगूठी िलखी हैं .
(e) Nidhi ने court बयान में लिखा है, जब मेरे माता पिता 20-09-2012 को पटियाला घर पर आये तो मेरे पित ने कांच गलास मेरी तरफ मारने के लिए फेंका,लेकिन मैं एक ओर हो गई और िगलास मेरे भाई के लगा.लेकिन nidhi ने women cell की शिकायत में लिखा है, िगलास उसके भाई के लगा .
*(5) मेरे पास मोबाइल फोन रिकॉर्डिंग में सबूत हैं . 1रिकॉर्डिंग में, उसकी माँ मुझ से अपनी बेटी के माध्यम से पैसे की मांग कर रही है . उसकी माँ उसे बता रही है, उसका पहला पित आज सुबह सुबह हमारे घर आया था. कुछ रिकॉर्डिंग में उसके भाई और माँ मुझे कह रहे है, हमने सिर्फ औपचारिकता के लिए दहेज लिखा हैं. हम कुछ भी नहीं मांग रहे हैं, केवल आप तलाक के कागज पर sign कर देना . जब मैं कहता हूँ , अापने क्या दिया हैं मुझे .तो वह कह रहे है, हम ने दिया या नहीं दिया. केवल आप तलाक के कागज पर sign कर देना . or 1 रिकॉर्डिंग में, after 5 day of marriage nidhi अपनी माँ को बता रही है भाई और माँ ने ( मेरे )दो अंगूठी और एक झुमके दिय है . उसकी माँ nidhi से पूछ रही है , पैसे कब देगा .-------------------
मैं जानना चाहता हूँ, उसका case कितना कमजोर है , उसकेे छह अलग -2 बयान से . nidhi ने दूसरी शादी के बारे में नहीं लिखा है. अगर मैं दूसरी शादी के बारे में nidhi ने जो पुलिस को शिकायत दी थी अदालत में दखा दू , तो अदालत दूसरी शादी के बारे में सहमत होगी . मैंने अदालत में शादी रद्द करने के मामले में दायर कर दिया है. अब मैं आगे क्या करूँ?i ask to own advocate, can i filed bigamy? my advocate said, no u can file bigamy. my advocate is right? Guide me.
+91 85 66 010100, +91 8558899008
rohan sharma
10 March 2013 at 16:49
Sir,
I am not living with my wife since 2010. In the year 2011 i filed sec 9, which was transferred by my wife, which is still in court, as due to transfer it was delayed.In 2012 she joined my due to mediation in section 125 which she filed in 2011 and later on it was withdrawn as she started living with me from Jan 2012. But once again she returned to her father home in Aug 2012, she filed section 125 once again. IN SHORT, COURT HAS GIVEN FOLLOWING JUDGEMENT " ........IN THE INSTANT CASE THE P-1 HAS NOT PLACED ON RECORD EVEN A SINGLE COMPLAINT MADE BY HER AGAINST THE MISBEHAVIOR OF RESPONDENT(MY. RATHER SHE HAS PLACE ON RECORD A LEGAL NOTICE ISSUED TO HER BY THE RESPONDENT FOR REJOINING HIS COMPANY. IT IS ALSO AN ADMITTED FACT THE THE RESPONDENT HAS FILED A PETITION U/S 9 HMA FOR RESTITUTION OF CONJUGAL RITES. THE RESPONDENT HAS ALSO PLACE ON RECORD THE COMPLAINT MADE BY HIM BEFORE THE CONCERNED POLICE AUTHORITIES ON 2012, WHEN THE P-1 HAS LEFT HER MATRIMONIAL HOME FOR THE SECOND TIME. THERE IS A STATEMENT OF P-1 RECORDED ON THE SAID COMPLAINT WHEREIN SHE HAS ADMITTED LEAVING HER MATRIMONIAL HOME WITH HER CLOTHES, AND OTHER STUFF......................................CONSIDERING THE REASONS GIVEN ABOVE AND THE CONCEALMENT MADE BY THE P-1 IN HER PETITION AND ALSO CONSIDERING THE FACT THAT HER ALLEGATION ARE NOT SUPPORTED BY ANY COMPLAINT WHEREAS THE CASE OF THE RESPONDENT IS DULY SUPPORTED BY HIS COMPLAINTS AND PETITIONS FILED, PETITIONER NO 1 PRIMA FACIE DOES NOT APPEAR TO HAVE A SUFFICIENT CAUSE TO RESIDE SEPARATELY FROM THE RESPONDENT. ACCORDINGLY NO MAINTENANCE IS GRANTED TO HER AT THIS STAGE AND THE INTERIM APPLICATION QUA P-1 STAND DISMISSED. ....................................THE RESPONDENT IS EARING RS 35000. ...........CONSIDERING THE INCOME OF THE RESPONDENT AND HIS RESPONSIBILITY I HEREBY AWARD MAINTENANCE AT THE RATE 6000/- IN FAVOUR OF P-2
P1 is my wife and P2 my daughter of 2 year.
Sir,Above stated judgement is of the court they rejected maintenance at the first stage but instructed me to give maintenance of Rs 6000 for 2 year baby.
As per your earlier suggestion i take important decision and did't filed for revision as i was thinking Rs 6000/-, because expert suggest me not to file for revision.
But Sir, my wife file again a case for revision of maintenance, this time, her advocate has given a lot of examples of judgement when court also allowed maintenance in the favour of wife.
I wants to ask what will happen now , what decision court may give now.
Please reply sir, as i am very afraid , as already i have burden of Rs 6000/-. I have private job not govt. job.
Next time i will attach my case file so that you can understand it better and reply me in better way but right now please tell me what could happen at this stage.
Regards.
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Rcr and nullity of marriage
Hi, We have done our Marriage Registration on 16th FEB 2010, it is arange marriage . however Girl Family rquested that we will have Marriage done in Month of MAy in front of Soceity. So as an open minded person i accepted the request. our marriage was due for 28th May for Soceity. However on 15th May i fall seek. i requester my wife consult doctors for me. she was saying all is fine for 5 days suddenly they come to my home on 21st may andaskig us that marriage will not happen on 28th May 2010 as you have sickel cell. i have this blood issue was upadted to her on before maraiage only. we tried calling them for 1 year and there was no answer from them , i filed RCR pettion on 16th Feb 2011. we dint got them in our case , she filed nullity of marriage on 31st auust 2011. we cross tage the Nullity case with RCR and get both the Case to Court Room. We are trying to settle our issue and want todo MCD. however she needs the nullity , i cant give her the nullity due to society issue and i have to do my remarriage also .
Please help me on this solution - my case is pending since 2011 , (A-485 RCR & A-10118 ) inBandra Court, mumbai.