prakashsingh
25 July 2022 at 16:18
Dear respected experts,
I am writing on behalf of a friend who is facing trial against his wife under 498a. The trial is underway for almost 10 years and he has been sent judicial custody in the beginning. He doesn't want to live with that lady again, so he has filed a divorce petition twice but got rejected.
Our questions are:-
1. Do we need to file another divorce petition separately or the judgement of 489a will be enough for treating them separated?
2. Will the judgement of 498a help him file a successful divorce petition?
Thanks in advance..
Vishali kumar
29 May 2022 at 09:28
Please let me how to get court order final copy by ex - parte. Is it possible for the ex parte to the judgement copy. Thanks in advance
Anonymous
23 May 2022 at 18:46
Hello sirs,
After a desertion of a year my wife has filed a petition for RCR wherein she has filed an application for claiming maintenance u/s. 24 and 25 of HMA and U/s. 125 of CrPC. Can she file both application simultaneously? can both applications filed by her for claiming maintenance are maintainable?
vince
03 May 2022 at 11:30
Hi,
I needed your advice regarding a problem
I am a married man living with my parents in the same house. The house is on my father's name. My younger sister has been married. All the house and other expenses are carried out by me. Presently there are lots of fight going on with my parents and the reason is my sister provoking them by saying lot of false things to them about me and my wife. Also since her husband is on ship, she happens to stay at my place almost daily which is creating a lot of problem. So I have some doubts which I need some inputs from you.
1. How to find out whether my father has created any Will. Can I have any knowledge about it without asking them so that it doesn't create more problem.
If he hasn't made a WILL, how much percent of property am I entitled to? Like would it be 50-50 between me and my sister, or I would have more hold compared to her?
2. What if he decides to give this current house and his earned money which is in bank account to my sister and nothing to me?(There is a high probability this could happen) Is there any way I can fight for it legally. Do I have to preserve any proof at present which will help in future.
Anonymous
01 May 2022 at 03:11
Wife isn't working, No child.
Wife files 498a/306/34 and 125 crpc simultaneously
I filed for divorce and got decree
Divorce decree was granted in my favour on the grounds of cruelty u/s 13 (1) (i-a)
similar observations were made by the Judge there was a hand written evidence- an apology letter by wife which mentioned that she will not commit any mistake (lie, willful desertion etc), in future so as to she wanted to join matrimonial home.
I contested both 498a and 125crpc
We all in the family were aquitted in u/s 498a /406/34 IPC.
Brief observations by Honorable court in 498a & Grounds for acquittal given by court were.
1. No demand towards dowry before/in/about the time of marriage has come on record.
2. It is proven that she left her matrimonial home without any cause and what to say about any demand of any kind of harrassment met to her, ignoring the fact that accused no1 had been pleading her intensely to talk and inform him if she had any grievances at her matrimonial home and not to leave the same.
3.Thus in view of recorded conversation which consists of the constant facts stated by the complainant contradicting her deposition before this court and also approach towards truth it is held that her deposition regarding demand of dowry and beatings and maltreatment are not trustworthy and the allegations as made by complainant are held as disapproved.
4.In present case after going through the evidence collectively and more specifically the recorded conversation complainant is not found as truthful witness.
5. Chronology of the events also shows that the complainant did not celebrate even a single festival at her matrimonial home. The evidence produced only shows that complainant had been maintaining herself most of the time at her mother's place and she had left her matrimonial house even last time without any cause.
6.The intention of the complainant to join the company of her husband at her matrimonial house also does not justify her act of making false accusations against the accused or his family members. In the present case the complainant allowed the web of falsehood to be woven against her husband and she herself assisted the same. Therefore the complainant cannot take plea of her intention to achieve the objective of saving matrimony in order to be untruthful and untrustworthy. Not only this , law does not recognise putting false accusations as lawful excuse.
I am still ordered to pay double amount what i was paying as interim maintenance, I am contesting thsi with revision petition in HC ( pending)
my query is how can i use these judgements in my favour in 125 crpc or can I file counter cases to stop their demand.
Anonymous
16 April 2022 at 19:35
We had arrange marriage for 9 months. I am engineer from good govt. university. Working in Public sector. My wife is MA B.ed, 27 yrs. No job experience, average student, studied in Hindi medium. I wanted to prepare her for SSC like exam. Where Maths , Science, Computers , english n Arts subjects are learned n it could benefit her personality as well. But she has submitted to police that I pressurise her to study and I don't give her maintenance. But I only wish her to study so that she could make best use of opportunities, we could be more compatible and already I am taking care of expenses as and when required or buying clothes etc. freely for studies. Now girl n family threatening me to file Dowry case for one casual remark, if I file for divorce. Both of our parents with old thinking are interfering alot for society sake. Girl yields to what her family says.
I wish to file for divorce for non-compatibility, without maintenance.
Rama Kanth
15 April 2022 at 20:02
Can a Muslim Married Man who is having living wife and 4 children marry Hindu Women Widow.
1. Muslim man donot want to go to Divorce with his wife but says that Muslim religion permit 4 wifes so can be marry hindu women widow?
2. Can Hindu Women converts to Islam and then marry muslim man?
3. Hindu women has 2 child and few properties on her name and her late husband ? what are the impacts on such properties if she married muslim man?
4. Any alternate way to get the marriage done between muslim men and hindu widow?
5. Legality on such marriage?
Thanks
Ramakanth
Student - LLM
Anonymous
07 March 2022 at 10:04
Hi all,
I got married 3 months back, and after a month of our marriage, my wife moved to another country for her studies. It was told to me before our marriage only as she had taken up admission back in 2020 but due to COVID, the sessions were not taking place, this being a 2 Months DIPLOMA COURSE in MAKE-UP. While in India she has her own Salon Business too, which even though was in existence since 2019 wasn't doing great due to COVID related crisis. Now, the thing is I am a MBA and I had forwarded my help in Marketing and Sales related issues for her business, which she duly declined (it being her own business I also complied to the same). My wife had no intention before to sell her business, but pretty recently she had expressed to sell off her business and move out of India to settle and work in UK (which she got from her college where she got a placement opportunity). All this being said, she had not told or discussed with me nor does she want to talk to me regarding this. This just being 3 months into our marriage. She had pre-planned her studies hence it was not within my rights or her's to talk about it, but now with her plan to just take up a job without even discussing it is somewhat not within my conjugal rights, I would quote some,
Under section 13 of the Act, cruelty and desertion are grounds for divorce. These are grounds for judicial separation as well. In cases where the wives' employment at places other than the husbands' place of residence and job has led to marital disharmony thereby leading the husband to file petition for restitution or divorce, the issues raised have been:
(a) does the wife's withdrawal from the husband's society to pursue her job, "without reasonable excuse", entitles him to a decree of restitution of conjugal rights against her?
(b) does it constitute 'desertion' within the meaning of section 13 so as to entitle the husband to a decree for judicial separation or divorce?
(c) is such a wife guilty of cruelty to her husband, under section13, thereby entitling him to seek judicial separation or divorce?
In one such case, viz- Gaya Prasad v. Bhagwati ,AIR 1966 MP 21, case, the trial court had conceded the wife's right as it was necessary for her to work because of financial circumstances, since the nature of her job required her to stay at a place different from her husbands' it could not be said that she had unreasonably withdrawn from the society of her husband, according to the trial court. On appeal against this by the husband, the order was reversed and the high court held:
Merely on the ground that the husband has small income and the wife if she is allowed to serve at a place away from the marital home can substantially augment the family income, cannot be held to be a sufficient reason to deny the wife's society to the husband. Nothing in Hindu law warrants the adoption of such a course.
In continuation, in my case my wife has herself chosen to work outside after selling her business without even trying to consult me on this while I am left in the dark and deprived of any conjugal rights, also I have forwarded my own help in terms of my knowledge to help her but she refused to do so and without consulting has taken up the job, while I may not have a very high salary but is enough to take care of her, while she reasons that she doesnt want to stay with my family nor does she want to leave all her lifestyle.
LCI members, can anyone guide if I can seek to revoke her passport against violation of my conjugal rights.
P.S. - I am not taking up any case against her as of now.
shivani
06 March 2022 at 16:42
What is the meaning of
" stay is granted till further orders" ?
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Nbws in crpc125
My brother is regularly paying maintenance of Rs.4000 PM to his child. The wife intentionally admitted in a reputed school of Fees. 16,000 PM and only education arrears are pending and NBWs are issued. His income is Rs.15000/ as he is working in a small company and all records are there. Now 1) shall he file modification order u/s 127 CrPC retrospectively and warrants recall petition in the same family court ? or Go to high court for revision of the interim maintenance order which was issued in 2018 with condone delay. the order is to pay educational allowances actually.