LK
10 March 2013 at 09:59
Dear Experts,
Need your suggestions on the below mentioned queries:-
1) my wife file a divorce,maintenance, dv and caw case after 5 months of leaving matrimonial home.
2) she has filed cruelty,harassment, dowry in all the cases same complaints with no evidence.
3) she has taken all her and my belongings and jewelery fron her parents and given by my parents at the time of leaving home.
4) we have filed our reply of divorce,maintenance,dv with proofs.
5) i have attended almost 10 caw cell dates and IO is favoring her a lot besides a reply given by me with complaints and proofs.. What action can i take against IO?
6) IO is very adamant to register a case. What should i do?
7) there is a lot of mismatch between the stridhan list and the bills provided by my wife at caw cell.
8) we have given so many complaints But no action has been taken by io and at police station.
9) to secure myself and my family we all have got notice bail.
Waiting for your revert....
sugureddy manikya reddy
10 March 2013 at 09:51
Dear Experts,
whether a person unable to maintain himself can file a maintenance petition against wife if she is working?
one of my client have undergone for (illarikam),he stays with his wife and her parents,now he is unable to maintain himself and where as the wife is doing job, can he go for a maintenance petition?
but he is not willing to take the divorce.
Kalyan Ghosh
10 March 2013 at 09:02
I am from the boy's side.In a mutually consented divorce case the girl's party wants to give the Voter ID Card Address in the Application for Joint Petition.Problem is this the girl does not live at this address and present address is different from the Voter Card Address(CURRENT COMMUNICABLE ADDRESS IS DIFFERENT FROM THE VOTER CARD ADDRESS)MOREOVER ALL CORRESPONDENCE BETWEEN THE BOY'S FAMILY AND THE GIRL'S FAMILY ARE BEING MADE AT THE GIRL'S PRESENT ADDRESS.ALSO MARRIAGE REGISTRATION CERTIFICATE AND SOCIAL MARRIAGE INVITATION CARD ADDRESS ALSO SHOWS THE CURRENT ADDRESS OF THE GIRL(NOT THE VOTER CARD ADDRESS).
We cannot see the motive behind this move.ALSO THERE IS DOUBT IF THE VOTER CARD ADDRESS IS A COMMUNICABLE ONE.TO THE BEST OF OUR KNOWLEDGE THE CURRENT ADDRESS IS MORE IMPORTANT.Please advise
pritpal rajput
10 March 2013 at 08:47
kya u/s 13- B case file karne ke baad 6 month ka samay lagna jaruri hai , before 6 month order nahi ho sakta agar dono parties razi ho.
Maria Priya
09 March 2013 at 23:59
Hi,
My friend is gng thru a separation. His wife has asked him to leave the house, The house in which they are living currently is owned and fully furnished by the MIL. Currently the MIL is also staying with them. My friend works for a software company.
The reason why the wife asked him to leave the house is that they are not compatible & not on talking terms for the last 4 years( have been married for the past 8 years and have a son aged 5).
Pls advise what steps need to be taken by him to protect himself against any domestic violence or a dowry harassment case she might file in the future.
R.Ramesh
09 March 2013 at 16:40
Good Evening Sir,
I/O came to my house and conducted enquiry with our neighbors and that time I/O said the result of enquiry shows that my sisters names can be removed from Charge Sheet but when I collected Charge Sheet in that I/O did not removed my sisters names and now I came to know that what ever the witness given by my neighbors I/O did not considered and instead of this I/O had kept only my wife sides’s people’s witness but my wife side witness people they are not aware about issue and moreover they are from different place and even they did not watched and they does not belongs to the place of offence.So, with false witness I/O had submitted the false charge sheet and made involved all our family members in Charge Sheet. So, sir on this for whom I should to complaint about false filling of charge sheet or in what way I should proceed legally.
Thanking you.
SHRIKANT
09 March 2013 at 12:13
Hello Sir
Myself from Mumbai married in June 2006 . Wife has left matrimonial home in Gujarat since Nov 2010 alognwith 5 year old son. Even after trying several ways by family friends she is not ready to come back . I sent a legal notice in Aug 2011 asking her to come back .But she file CRPC 125 of interim and final maintenance in sessions court of Gujarat. She has been asked to come before court for putting her say but shes not appearing in Court since last 6 hearings and my lawyer is not helping me much . Now after 2 and half years of separation all relations are dead and i want to start new life. However i know if i file divorce i will not get it since it would be contested by wife. So , should i file RCR at this stage since i know she is not going to come back again. Will i get RCR since i have tried many ways to call her back even i tried through Social community way. Putting this case from Mumbai or Gujarat would be helpful ??
Ankarsh Rattan
08 March 2013 at 20:07
I am Scheduled Caste Hindu Balmiki by birth but I like Christianity by faith. My marriage is solemnized in Church because my wife is Christian by birth. Now, we both are in matrimonial dispute. She leave my home from last 1.5 years. I put conjugal rights u/s 32 of Divorce Act 1869 on her. We have a girl child aged 2 years who is presently with her. I withdraw My conjugal rights case. Now, every time my inlaws complaint to my department that i am christian and takes Privilege of SC reservation, but this is my right, I am by birth belongs to SC Category.
Please tell me how can i declare my religion and caste that I m by birth Hindu
Rajan
08 March 2013 at 09:25
Dear Sirs,
The advocate of my petiitoner friend argued to allow the petition and award divorce in the grounds:
1. creulty (p1 to P8 documents were submitted that were uncontested by the respondent )
2. Dessertation (P9 to P11 documents were submitted that was neither rejected or contested by respondent)
3. Adultery (p11 to p13 documents were submitted, i.e. the respondent provided ficitious and false name identity of the petitioner causing improriety under IPC 419)
4. pregnancy before marriage (p14 and P15 documents were submitted, the discharge certifiacte was dated in typed as "February 20, 2000" whereas the child was born on 5.5.2000 (typed in numbers)along with fictious and false name identity of the petitioner. When the calcualtion of 34weeks 3 days was considered taking the date of the certificate, it dates before the marriage date. if the 34weeks 3 days calaculated with birth date, it dates the exact date of marriage)
5. irreverisable breakdown of marriage (p 16 to p18, respondent deserted for more than 13 years)
6. creulty to cause harm (p19 to p23, her own letters to her inlaws that she was happy and also her letter to the church council etc)
_________________________
The respondent advocate argued only on one point namely the "adultery" failing to adrress the other charges. The advocate didnt mention anythign about the ficitious name and false identity that the respondent declared in the records but claimed for adultery.
Wven though the paternity of the child was accepted in writing and the same was acknwledged in respondent reply petition, for reasons unknown after filing of proof affidavit the respondent filed IA for DNA, event though it was an accepted fact the judge informed that there is nothing to lose for the petitioner and hence he asked the petitioner to go for DNA. the DNA report has come on the exact name of the petitioner, however the hospital records, discharge summary ficitious name and false identity are not the same as the name on the DNA test
Finally the respondent advocate prayed before the dsitrict judge "to dismiss the petitioenr AND to award permanent alimony"
Sir, since dismissal of the peitition and permanent alimony are two different subjects, does this prayer indicate that the respondent conceded to the fact of the divorce shall be granted and hence stressed on permanent alimony
Kindly advice
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Marriage
A boy and a girl are children of two real sisters,who are Hindu by religion. Both children have never met each other as Boy is a USA citizen and girl is an Indian citizen. Please advise:
a) Can Boy marry that Girl?
b)If so, where this marriage should take place in USA or India?
c) What legal formalities should be completed
for this marriage?