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Anonymous   27 March 2019 at 20:36

Opposite party lawyer didn't come for cross examning witness

Hello Experts,
We are fighting our DV case in person. Today, we had called the Psychiatrist treating my brother from a distant place ( nearly 200 km away). On last date we had taken consent from the OP lawyer and he was convenient with the date in front of the Court. But, since last two days lawyers are on strike in our district. And today, he didn't come to cross examine the doctor in the court. Is it not contempt of court? what action can be taken against him as the date was fixed with his consent?

Anant   27 March 2019 at 18:03

Divorce and section 498a

Dear Sir,
I got married with girl from relative, ( marriage date is 15th July-18) at the time marriage they verify all the document, i..e degree certificate, salary slip, bank statement etc. But we did not do any cross verification of girls, we blindly follow them as they told that she has passed 12th standard, after marriage it is clear that, she is not capable of cooking food, can not read or write even marathi also. So we try to teach her but she was not able to grassp it. after 5 months, she left to her parents home, i.e. in the month of Nov-18. from that to still date she at their parent home, we call them to understand the her progress but her she has not any development, her parent said that, she can't developed. Now they stated dramma that, give them 5 lacs as marriage expenses and any lumsump amount as potagi.
when she was along with we did no do any harassment, after she left to her parent home, she also told them that, there is no any harassment done from us. Her aunty also agree that she said that, there is no any harassment done by us and we have call recording of her as well as her aunty stating that, there is no any harassment.

Now my question is that, can they file misleading case against us under DV or 498A section and what will be the another action of them.
what precaution we have to take on it, to avoid unnecessary litigation. Please guide






Anonymous   26 March 2019 at 18:38

conversion

sir my friend is a hindu at time of her marriage with muslim later she voluntarily embraced islam
now they want divorce which law will govern divorce
muslim law or
special marriage act

Sarathy   26 March 2019 at 18:17

Ex parte divorce as wife address is not known.

Hi Sir,
I don’t know where-about of my wife for the last 10 years. we have a son of 14 years old. She used to visit me occasionally like once in a year or sometimes once in two years (I am in Chennai). I know that she is working in Bangalore.
She doesn’t want to live together. But she is ok to meet me at the place where I am living. 18 months ago, she visited me in Chennai at that time I asked about living together also I told her that I may get transferred to Bangalore. She was not showing any interest on that topic. If I force her about living together, she will become angry and will tell all the reason for not living together.
So, I didn’t have any further discussion. She took jewels and other items from me. She stayed with me for few days and left.
So, I applied for divorce and tried to find out her address. Also, I went to the place (Bangalore) where she was living in the year of 2010. I was told she vacated the house. I tried to talk to her through the phone. (By that time someone informed her that I was searching for her). She got angry and shouted at me why are you searching for me like a village person. I asked for mutual divorce since she was not ready to live with me. Then as usual Quarrel. She told me to go and get the divorce if I can. She blocked my number. I tried from other number again she blocked me by hearing my voice.
Now since we don’t know about her whereabouts, recently I got the EX-PARTY divorce.
She is a vengeance taking lady. She will turn her tongue at any time. Since I don’t know where she is living for the past 10 years, shall I file a complaint in the woman’s police station at my native place. Is it required? I don’t how to ask or what to ask more on this issue.
If any help or suggestion on this issue would be very helpful.

rajashekhar   25 March 2019 at 23:31

domestic voilence

respected experts. the case is that wife filed dometic voilence case on husbend and his mother in law and USA residing sister in law and un married sister in law and brother in law .husbend only atttend court and when quash filed in high court same is diposed with a direction to approach district court with appeal . husbend is asking for exemption to other family members and he is ready to fight case .how to deal with exemption whether to approach lower court where dvc runing or district court how to go

KARUNAKAR   25 March 2019 at 11:23

Dvc

Sir,in dvc case PO is on transfer call on next date given.wt is the meaning of PO on transfer

Anonymous   24 March 2019 at 13:54

Maintenance

Dear Concern,

Married : 1992 Hindu Marriage act

Children : Son : DOB 16th Nov 1996 (Unemployed )

Daughter : 17th May 2001 (studying inter 2nd year)

Myself : Employed private job Salary take home 69000/- (age 43 years)

Husband : Central Govt Service for basic 53000/- Gross 72000/- Net after deductions 53000/- (age 52 years)

He married a muslim lady who is by profession prostitute aged 26 years. Played a highfi drama of divorce and my husband took 1 lakh from me to give her as meher (got all evidences of marriage , divorce, meher amount transfered)

He tranfered property of 133 sq yards on my name,

My husband without my knowledge transferring every month 10000 to 15000/- , buying gold for her about 76800 /- worth and going to her always after marriage.

he took divorce from that muslim lady to safeguard his central govt service.

Gradually he started calling her in my house in front of my children, one fine day i got irritated and asked him to get of my house as he was continously disturbing my children living harmony.

now he says he will pay be 20,000/- towards maintainance and nothing more than that.

QUERY :

1. How far is it fare at this age if I prove his second illegal marriage he will be suspended from job and i will not get anything?

2. During wedlock there are many pros and cons as a family we face and supporting my husband always and after 25 years because of his mistake i am left with nothing from his Govt Service.

3. After 45 years if i am sick who will take care my daughter?

4. I would like to file case on Mainatainace , how much amount will i get monthly. if he is giving me 20000/- a month , how will i get my daughter married, or provide her education?

Note : i have got each and every evidence of his illegal affair, his bank statements transferring amounts, each and everything

Please suggest, and can i take any action on that lady too, knowing he is married person still she married him.

Kind Regards

Swathi

Anonymous   23 March 2019 at 23:05

talaq e ahsan

sir a man divorced his wife his wife by talaq ahsan by single talaq can he remarry immediately without waiting for the completion of iddat period

Nitin   23 March 2019 at 20:47

Tax evasion petition (tep) investigation not started by ito

Dear Sir/Mam
As we all know "Tax evasion petition is the weapon of choice for the husband against abuse of dowry laws"
I filled a TEP against my in-laws in June-18 but no action is taking by IT deptt till now. I filled RTI but they reject it mentioning 8(1)(j) . I approached Ist appeal , in that also its dispose off. IInd appeal is under process. Its more than 9 months but no action is taken on my TEP application. I sent letters to CBDT but no action. In feb i apply for one other RTI but thats too also dispose off mentioning 8(1)(j). Plz guide me what should i do so that Investigation starts on my TEP application. PLz plz help me.... I m very much feedup.

Regards
Nitin

Anonymous   23 March 2019 at 18:48

muslim law

sir 1 can muslim pronounce single talaq and divorce his wife does he need to utter thrice
2 sir is the difference bw talaq ahsan and talaq biddat that former former is single pronouncement later triple
3 can muslim woman claim maintenance after iddat period also
4 if a muslim woman has returned back her iddat amt back to her husband and returned to her home has she waived her right can she claim back again
5 if a husband divorced his wife by uttering single talaq on 12 feb 2016 and divorced and can he remarry again on 25 mar 2016 does he need to wait for completion of iddat of woman then remarry or can he immediately remarry