azmathullah
18 January 2013 at 11:14
Hi
Everybody,
My wife file a false dowry case against me in 2006, and are separate since Oct, 2005. During this period I have seen her just two time in the court.
The false case she put on me is over and she did not even come to court, finally the judge order for her arrest and she came to court and did not provide any evidence and the judge order to go back to my home i.e., jun' 2011. Before that on Feb 2010 I got second Marriage and bless with one male child. This has been inform to court my me and my first wife., for which the judge pass the comment that as per muslim law the man can keep four wife, and ask my wife “what she did during the last five year,” any how that was not everything, the judge have observe many thing and ask her to Stay with me.
Even after so many year, we are separate, I am have 2 children with her, first daughter 9 year and second son 7 year.
As per the religious point of view, being separate so many year is a sin and all sin goes to me, even though she is in fault., If I fail to divorce her.,
So my answer is whether I can divorce her, and also I want the custody of my children if I divorce her.
What is the process as per judicial point of view and also Islamic point of view?
Thank and regards
Azmathullah Khan
vasantha
18 January 2013 at 10:56
My friends divorce case is going on for the past 4 years since feb 2009. First few years after filing a counter respondent didn come to court at all and at the time of exparte order, came with setaside request. Five months back, they came with a mutual consent offer. My friend was called to their lawyers office, where he has conveyed a possible amount of 5 lacs as one time and their demand was 25 lacs or 10 lacs as initial and 10k on a moonthly basis. She doesn have any issues and is financially very sound, but is not working. After this talks, court ordered to settle and come, but they have not come with any positive reply. Since, he doesn have a good support from his lawyer, I request anybody to suggest him how to proceed further. this is really dragging and divorce was seeked on the basis of mental harassment when she quaralled for 8th time and left for her mothers house and has not responded back to any of my friends call and filed a false complaint in police station of trouble by inlaws and so on (which made my friend taking a decision of keeping her away)
lalita devi
17 January 2013 at 20:52
My friend is deserted by her husband. she has one son. she wants to give this boy for adoption to her friend, who is unmarried. this is for the boy to have a home with a good person. his parents are agreeable to this idea. since her husbandhas abandoned them, can she give this boy (14 years) for adoption. There has been no tie for the boy with his biological father, as this man never been around. what does the law say about this and how to go about this?
lalita devi
17 January 2013 at 20:49
My friend is deserted by her husband. she has one son. she wants to give this boy for adoption to her friend, who is unmarried. this is for the boy to have a home with a good person. his parents are agreeable to this idea. since her husbandhas abandoned them, can she give this boy (14 years) for adoption. There has been no tie for the boy with his biological father, as this man never been around. what does the law say about this and how to go about this?
ramjishyamji
17 January 2013 at 19:08
Indian getting married to european in Europe.country of marriage requires certificate that indian getting married was previously never married or is married at present.
What is the procedure, requirement and competent authority to issue the certificate!
Atish
17 January 2013 at 18:04
Dear All,
The petitioners cross is over and the lawyer of the petitioner has closed evidence.
Now the Respondent's cross has started and in the cross the petitioner's lawyer has got alot of false but new facts whithout and documented proof which was not even in the original petitions. He also says that he will bring those people as evidence which is going to prove nothing at all.
My question is that as he had closed evidence already after the petitioner's cross, is he still allowed to summon for new witnesses?
Regards
Atish
Legal Dude
17 January 2013 at 08:50
Hi,
I'm from Delhi and got married last year . Within 6 months of my marriage, I discovered that my wife was in a physical relationship with a school kid. I've gathered the following proofs :
1. Photos of them in compromising position
2. Phone call history
3 chat history
4. Photos of them showing public display of affection (all imprinted with date time stamp)
5. Spy report
My wife is threatening to take action against me if I file for divorce. Could anyone please let me know what are my options?
Mohan
16 January 2013 at 13:32
Respected Jurors
My wife has filed a dv case in March 2012. The interim order/protection order has been passed.
My query to the forum
1. Can a DV case be filed without a prima facie. The law does not contemplate a police compliant but the law has never mentioned that without a prima facie the proceedings can start.As per my limited knowledge the prima facie can be wound certificate or a medical certificate from a competent authority or a NGO report stating that she has lost the right of residence. WIth nothing of these proceedings have continued and interim order was passed. Now wih the interim order my wife started calling the police every second day and I was kept in police cell 4 times.Because of this harassment I agreed to transfer 80% of my property to wife. They agreed for mediation. When the mediation was going on they demanded 100% of the property to be transferred and mutual divorce. When i refused to transfer the property they filed a false 498a case with no mention of dowry demand. She has mentioned in the FIR that I threatened with a knife.The whole exercise is to harass me.I am now on bail. I am out of my own property and wife and her parents are enjoying my property
Now my question is whether husbands are worse that rapists, terrorists where proceedings can start without primafacie
I need some citations that supports my case
miss.munnowara f. pakajade
16 January 2013 at 12:53
Respected, thanks to all panelists for replying my all previous queries. now I am representing both husband and wife in a petition under s.13(b) under the Hindu Marriage Act. Previously I have filed an application against the husband under the Domestic Violence Act. In that I have mentioned that wife is living at her maternal home since 20/03/2012. for a divorce by mutual consent, both are required to living separately for a period of one year or more. In the instant case, this requirement is not fulfilling. My query is, whether a separation period is changed? Whether mutual divorce petition can be filed before fulfilling statutory separation period? Please reply. Thank you!Respected, thanks to all panelists for replying my all previous queries. now I am representing both husband and wife in a petition under s.13(b) under the Hindu Marriage Act. Previously I have filed an application against the husband under the Domestic Violence Act. In that I have mentioned that wife is living at her maternal home since 20/03/2012. for a divorce by mutual consent, both are required to living separately for a period of one year or more. In the instant case, this requirement is not fulfilling. My query is, whether a separation period is changed? Whether mutual divorce petition can be filed before fulfilling statutory separation period? Please reply. Thank you!
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Family
Q)my case is in mediation center of supreme court where i show willingness to take back my wife but she is adamant. i want to know if mediation fails does mediator forward any comment on the file in favour of husband or wife? moreover does supreme court can order for divorce or to file mutual consent divorce or order husband to deposit alimony amount? if mediation is succesful on certain conditions does that conditions are signed by both parties?