rajiv_lodha
07 March 2013 at 18:53
Query is about matrimonial matter shifted to HC Mediation:
1) Is fee mandatory to be deposited by parties. there is no such orders from court while it shifted the matter to mediation
2) If answer to (1) is yes, whether both parties wil pay or the Boy-side only?
3) Whether mediator to be paid fee from pockets of parties?
4) If there is any kind of fee to be paid, whether i wil come to know about it b4hand, in midway or at the end?
R.Ramesh
07 March 2013 at 16:40
Good Evening Sir,
Sir, my wife kept false 498A case on me and on my family members and after my marriage she stayed only 10 days with me and after that she qarrrelled with me and my family members she left my house and after 2 years she kept false 498A case so regarding this case, I would like to show her complaint.
Complaint Copy
I hema latha, wife of B.Kiran aged 24 yrs house wife to submit following few lines for your kind consideration and request for favourable action.
I state that my marriage with B.Kiran was solemnized on 10/12/2010 as per hindu rites and customs.The marriage was consummated.At the time of marriage my father gave a sum of Rs.5,00,000/- in cash and 10 tulas gold, hero Honda passion plus and house hold articles and spent a sum of Rs.4,00,000/- as marriage expenses and dinner expenses and altogether spent a sum of Rs.15,00,000/-. I futher state after marriage I have stayed with my husband at his house and unable to stay with my husband hardly 20 days.My husband in laws harassed me mentally and physically and daily abused me in filthy language for bringing more dowry in order to complete the house construction.As I was unable to bear the torture I have approached my parents and sought their help to lead peaceful life with my husband.My parents observed the grieves hurt and wounds on my bady,enquired my husband and in-laws and temporaily settled the matter.On 07/12/2011 on advice of police my husband took to his house and beaten me in front of his house and my husband put me and thrown me out of his house on the advice of local elders. We put separate house where my husband several times attacked me and tried to kill me. I state that my husband and inlwas did not permit me to live even one day.The father inlaw ,mother inlaw, sister in laws and my husband brother want to send me out of the house and get another marriage to my husband in order to get dowry for second time . I therefore I request your good self to enquire into the matter and take action against my husband and inlwas for their harassment and demanding more dowry for which act of kidness I shal be grateful.
Enquiry by I/O at my house.
police officer came to my house and conducted an enquiry for preparing the charge sheet and my neighbors told the police officer how my wife trouble tortured me and family members and moreover our neighbors said my wife not stayed atleast one week continually with me in my house after marriage, but that police officer suggested me and my neighbours that if we want to remove his sister’s names from Charge sheet (because why the married girl and un married girl un necessarily to attend in the court ) so for this you should say that two girls they are not in the house and they did not beaten her brother’s wife and that time married girl was at her matrimonial house only which quiet 30 kms distance this location and she was suffering from gynac problem and to help her the unmarried girl also went to her sister house…. So like if we entered this statement with your witness it will be possible for us to remove their name and they taken my neighbors signature and left.
Regarding Charge Sheet.
Sir, the I/O did not removed my sister’s names from charge sheet when I/O came to my house for enquiry that time I/O said she will remove my sister’s name if my neighbours will sign on paper if what I/O write on that papers and I/O suggested like this …… ( because why the married girl and un married girl un necessarily to attend in the court ) so for this you should say that two girls they are not in the house and they did not beaten her brother’s wife and that time married girl was at her matrimonial house only which quiet 30 kms distance this location and she was suffering from gynac problem and to help her the unmarried girl also went to her sister house…. So like if we entered this statement with your witness it will be possible for us to remove their name from Charge Sheet ) and I/O taken my neighbors signature and left. So, sir I/O had cheated me like this during enquiry and sir here below I would like show the how I/O had submitted the Charge Sheet.
Charge Sheet
If Charge Sheet ( original / Supplementary ) : Original.
Particulars of the accused persons charge sheeted: A1 to A6 ( they mentioned my name and familymembers name )
Particulars of the accused persons not charge sheeted : -------
Particulars of the witnesses examined :
1.Smt.Hema latha w/o Kiran ----- ( Complaint / Victim )
2.K.Venkaiah s/o K.Veranna ----- ( Father of LW 1 )
3.K.Yadamma w/o K.Venkaiah ----- ( Mother of LW 1 )
4.T.Shekar s/o Giri ----- ( Independent witness )
5.S.Jagadish s/o Kumraiah ----- ( Independent witness )
6.J.Yogesh s/o Ramu ------ ( Independent witness )
7.Simhadri s/o Vishvesh ----- ( Independent witness )
8.Smt.Reshma, Sub Inspector ------------- Issued FIR & I.O
If F.R. is false, indicate action taken. U/s 182 / 211 IPC --------------
Result of Lab Analysis -----------------
Brief fact of the case As follows
“This is a case of Husband and in-laws (A1 to A6 )of a women (LW – 1 ) subjected her to cruelty by harassing her mentally physically at matrimonial house and demamded to bring additional dowry from her parents, where the. Whereas, the accused A-1 B.Kiran husband of the LW – 1,A-2.B.Pochaiah ( father in-law) A-3 B.Shanthamma (mother in-law ) A-4 Kum.Priya ( sister in law of LW1 ) A-5 Smt.Gouri and A-6 B.Venkat ( Brother in-law of LW 1 ). The place of offence fall under this W.P.S limit, within the territorial jurisdiction of this Hon’ble court.
Facts of the case are that, on 09/05/2012 at 14:30 hrs received a complaint from Smt.Hema latha w/o B.Kiran Occ.House Wife.In which she stated that, her marriage with B.Kiran was solemnized on 10/12/2010 as per hindu rites and customs.The marriage was consummated.At the time of marriage my father gave a sum of Rs.5,00,000/- in cash and 10 tulas gold, hero Honda passion plus and house hold articles and spent a sum of Rs.4,00,000/- as marriage expenses and dinner expenses and altogether spent a sum of Rs.15,00,000/-. I futher state after marriage I have stayed with my husband at his house and unable to stay with my husband hardly 20 days.My husband in laws harassed me mentally and physically and daily abused me in filthy language for bringing more dowry in order to complete the house construction.As I was unable to bear the torture I have approached my parents and sought their help to lead peaceful life with my husband.My parents observed the grieves hurt and wounds on my bady,enquired my husband and in-laws and temporaily settled the matter.On 07/12/2011 on advice of police my husband took to his house and beaten me in front of his house and my husband put me and thrown me out of his house on the advice of local elders. We put separate house where my husband several times attacked me and tried to kill me. I state that my husband and inlwas did not permit me to live even one day. The father inlaw ,mother inlaw, sister in laws and my husband brother want to send me out of the house and get another marriage to my husband in order to get dowry for second time.
On receipt of the above complaint S.I. Reshma registered a case U/sec 498-A IPC and took up the investigation. During the course of investigation I/O examined the LW-1 to LW-3 and recorded her detailed statement in part –II Case Diary, in which they corroborated the facts of FIR.
As per the statements of LW-1 to LW-3 they revealed that, the LW-1 and A-1 are legally wife and husband.Their marriage was performed on 10/12/2010 as per Hindu rites and customs at the time of marriage as per the demand of A-1 and his family members her parents had given a sum Rs.5 Lakhs case as dowry, 10 tulas of gold ornaments 2 wheeler, all household articles were given and performed the marriage by spending Rs.15 lakhs after the marriage the LW-1 joined the company of her husband at in-laws house where the LW-1 stayed for a period of 20 days in between this period the A-1 on the instigation of his family members subjected the LW-1 cruelty by harassing her mentally and physically for more dowry. On her refusal they abused her in most filthy language and bet her increased torture towards the LW-1 due to to their unbearable harassment the LW-1 informed her parents and elders meeting to specify the matter and sent the LW-1 took shelter at her parents house.The investigation and to prevent the accused from making any inducement or threat to the complaint or witnesses.
On credible information on 09/05/2012 I/O deputed the staff to apprehend the accused A-1. The deputed the staff rushed to A-1’S house and found the accused A1 and brought to W.P.S and produced before me at 10.00 hrs after counseling I/O have examined and explained him grounds of arrest made facilitated for communication, and affected his arrest at 11:00 am by an arrest memo on him and completed the arrest formalities.
During the course of futher enquiry I/O visited the place of offence and accused enquiries about issue and collected the copy of wedding card and marriage photographs and other documents as documentary evidence it clearly established that the A2to A6 were also responsible for the harassment and mental torture commited on the complainant and also demanded for Additional dowry while investigation under progress A2 to A6 took the anticipatory bail on 25/08/2012 and furnished the sureties at W.P.S.
Thus the investigation clearly established that the accused A-1 to A6 have commited the offence in this case and are liable to be punished U/s 498-A I.P.C. Hence it is prayed the honble court that accused summons may kindly be issued against the accused persons in this case.
Hence Charge.
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Sir, please note:
The persons of witness examined -- mentioned in Charge Sheet they are not from our area and they stays at my wife area which is 6 Kilo Metres distance away from my house.
Sir, on above mention details please give your valuable suggestion advice for quashing this case and I request you that please don’t keep this details on net.
Thanking you.
Member (Account Deleted)
07 March 2013 at 14:34
Respected Expert,
One of my friend want to change his religion & adopt muslim religion. Will you please guide me what are the formalities required and legal formalities in this regard
satinder bassi
07 March 2013 at 11:01
Respected sir,
i married with nidhi in sep -2012. this is second marriage both of us. after one month she left my house in my absent and without inform me. becouse before a day i knew she is not legally divorce.
Now status is
(1) 1stly is lodged complaint of dowry in women cell. i also gave complaint against her, i request in complaint check he r first marriage divorce. but police closed the both complaint.
(2) she filed dv i court.
(3) her 6 statement difference in complaint & court staement.
(4) she is wrote in complaint about second marriage. but she is not wrote in court statement.
(4) she is wrote in court last time on 17-10-2012 i gone my self to escape whn in-laws beaten me. but she is wrote in complaint i gone with parents on 17-10-2012
(5) she alleged on my parents, my parents comment on ring & earring is light weight. but in women cellmcomplaint which she is wrote jewellery in dowry list. there is not written ring & earring. but actually i married with her without dowry. it's true.
(6) i hve mobile phn recording for prove dowry is not matter. and her mother demand money through own daghter from me.
(7) whn i saying in court about first marriage divorce. court statement she not written about second marriage. whn i give copy of complaint in court thn court agree with me about her first marriage?
can i filed bigamy on her. i already filed marriage cancleing case in court. my adv said me u not file bigamy. my adv is right?
preet
06 March 2013 at 23:03
can a wife claim maintainance in a mutual divorce case if yes in whatconditions a nd if no then why is she not entitled to ask for maintaince
kashyap
06 March 2013 at 22:33
Dear Senior
wife is not having child because she is female eunuch i was not aware about her after 7 year can i file 420 case against her or her parents. i am not having her medical report. Now can court give direction her to get medical tested. she is post graduate in MCA whereas i am MBA student and not doing any job. in this circumstance she is deserve for taking maintenance and 8 lakhs rupees compensation. i don't know she is working or not.
Amit
06 March 2013 at 16:03
I am currently 41 years and wish to make a will.
1) Can I include my retirement benefits like Provident Fund, Gratuity, etc. in my will although this is not available with me as of now, but will be paid by my company on my retirment or death (if it occurs earlier).
2) Is it always necessary to give a reason justifying the share of each beneficiary in the will? Will this help in probate of the will if challenged?
MOHAMED FIROZ
06 March 2013 at 12:43
I OWE ONLY ONE PROPERTY WHICH I WANT TO GIFT TO MY ONLY SON AND TO MY WIFE THROUGH HIBA.I HAVE THREE DAUGHTERS ALSO. CAN I GIVE 1/3RD TO MY SON AND 1/3RD TO MY WIFE AND KEEP 1/3RD TO MYSELF? SHOULD I WRITE A DEED AND REGISTER IT OR ORALLY GIFT IT? IS IT VALID UNDER THE ISLAMIC LAW TO GIFT MORE THAN 1/3? IF I HAVE DONE AS ABOVE IS IT AGAINST ANY LAW PROVISION? IN SUCH CASE WHAT SHOULD BE DONE TO RECTIFY IT?
FIROZ
Hariom Sharma
06 March 2013 at 11:20
Dear Experts,
1 lady (Age 28-30 Years)jo ki pehle se shadi suda hai, usne mere chote bhai (Age 18 Years)ko apne pyar ke chakkar me fasa liya hai. Ab woh aurat & mera bhai apna ghar chod kar kahi rent par reh rahe hai.
Kisi samasya se bachne ke liye humne news paper me notice de diya ki ab mere bhai se mera koi bhi rista nahi, and apne galatiyo ke liye woh khud jimmedar hoga.
Agar phir bhi meri family par koi samasya aye toh mujhe is situation me kya karna chahiye. Please advice.
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Value of emails
To give background,my wife and I married in 2007 in India and lived abroad.By early 2008 we had agreed to separate due to misunderstandings.My wife requested me to spend money on education and passing various competitive exams abroad to get her settled.She wanted me not to inform her family and she will give divorce when she settled.I contnued to spend money(about 10 lakhs) till August 2009 when she failed twice.At this point,I asked her to inform her family as the stress was getting too much(pretending the marriage was okay to her family).She returned to India and then demanded huge alimony from me.Lower court asked me to pay 15000 and I have paid 2 lakhs arrears but they have appealed in High Court for more alimony.Unfortunatey I have also lost my job due to recession and staying with my parents for the last year.
My question:
1)I have emails from her asking me to spend money on her education and that she will return the money as soon as possible and also the bills on what I have spent for her.Is it any use to either reduce the maintenance or in the divorce case(I have filed on the basis of cruelty in 2011).Many thanks