Anonymous
23 January 2011 at 16:42
Hello ! Please help me to understand the following doubts:
1. Is it important to register the foreign wedding of Indian couple in India? wondering if Indian govt. or Private organizations in INDIA like banks, visa offices or any other such institutions recognizes such wedding that took place out side India and registered outside India ( in USA, that was done in Christian customs rather Hindu).
2. We are confused since now my brother and his newly wed bride has moved from USA to INDIA for good but they got married in USA therefore for opening a bank account or ration card, election card or Pan card in India may require to submit marriage certificate. Wondering if USA marriage certificate would be recognized during such official dealings.
If Indian constitutions or Govt. Organization recognizes USA marriage certificate in India then still somewhere we are worried if in future not having his wedding registered in India would cause some unpredicted problems. So thinking of getting his wedding registed in India too.
3. Further we are not clear if it would it be a problem if my brother registers his wedding in India based on his Indian wedding date which is different than his wedding conducted in USA?
Therefore, critical to know what to do - should we get his wedding re- registered in India or not? The Indian wedding was done in proper way - like invitation cards where printed, photos and videos where produced.
Please reply,
Look forward to hear from you
Thank you
Savdeep
Anonymous
21 January 2011 at 22:14
Res. Sirs,
If a husband run away with a girl, leaving behind wife and a daughter what instant/criminal/civil action can be initiated to bring back the running husband?
anand
21 January 2011 at 16:13
ILR 2010 KAR 1484 reported in part 7 of 1st April 2010 In Hindu Law Sec 6 amendmend 2005.
[Sir plz provide me ruling on above Matter]
sathiyanathan
20 January 2011 at 20:19
sir ,
my father retired from private factory with an annual income of 5 lakhs in feb 2010.now he has no considerable income.as per creamy layer conditions ,that if annual income of parents are higher than 4.5 lakhs in three consecutive years then one would fall on creamy layer.in my case since my father had retired and other source of in has been very insignificant, will i be in non creamy layer..?
Arka Foundation
20 January 2011 at 08:55
Dear Expert members,
In one of our client’s case we have all 4 NRI ‘s as legal witness who are now way concerned with marriage and not present for the marriage.
In fact there is no dowry taking in this case, but in charge sheet FIL of our Client claimed dowry giving.
Who is an abettor in dowry( 498a) case
All people are present @ time of dowry giving, people who are present at any time of the marriage and Or legal witness as per CrPc 161 statements
1. If so, how to file a case on abettor?
2. The functions and duties of the said Dowry Prohibition Officer or Police in this regard.
3. Whether any or all cases of Dowry(giving/taking/abetting) which have come on record anywhere are required to be brought to the notice of Dowry Prohibition Officer(within the given district)?.
4. a). Between the Police authorities and Dowry Prohibition Officer, who is the principal investigating/processing authority on the maters of Dowry Offence reports?.
b).Between the two(DPO and the Police) whose authority can override the other?.
5. From the point of time when any dowry-related complaint is lodged, what are the steps entailed till an FIR/Criminal case is registered (Procedures and documentation) with DPO and vis a vis Police?
6. What are the evidences, proofs, records that are to be collected and required by the Dowry Prohibition Officer, to establish a prima facie case.
7. Details of returns/reports to be submitted by the Dowry Prohibition Officer to higher authorities.
8. Certified copies of all G.O.’s, Memos, Circulars, received by your office and sent by your office on the subject of investigation, processing, reporting, and documenting dowry-related offence.
9. Whether a dowry-related complaint can be lodged directly with police by-passing the Dowry Prohibition Officer and by keeping him/her in the dark, or by the complainants and/or the Police authorities themselves (who are eager to collect the bribes especially in the lower category).
10. Any citations on Abettors which can support dowry offence
Please enlighten us in this regard asap.
Anonymous
07 January 2011 at 15:29
sir, why getting divorce in india is this much difficult?. We have a to sturuggle a lot . we are wasting money,energy , time and the life. That too the court takes a lot of time.
Is it a sin? if hushband and wife are not able to live togther ?..
mostly i see only ladies working in IT are creating problem.Even these ladies are even ready to discuss and solve the problem amicably. For small problems they go to police station. and making life miserable.
I am one f the vicitim. I lost jobs 2 times because of my wife. She is not at all caring abt me. She treated me like dog.
keep quit and stay with me. otherwise leave the house. if u ask something , then that is toture and will go to police station..
It is the weapon...
I don't know what else to say..... i am ashamed to see these kind of bias..
i don't know Who is responsible for my struggle ..govt or society , i am on the edge of becoming mad.
I told that i am unable to tolerate her and itz impossible to live with her.
Now she spoiled my image, health,wealth etc.. and now also she is not ready to take any decision.
I am unable to live alone ..suffering from loneliness.. My life is like hell.
no proper food, no proper sleep..no relationship..nothing...totally i am zero...why should i live like this?
I dont have any bad habits.
I am loosing my mental strength...will become mad..lack of support...uneducated parents..they know nothing..even i can not share my feelings.....
loosing hope...
pratap reddy
04 January 2011 at 10:46
Dear Subramanian sir, thank you very much for the kind suggestion. Sir I need further suggestions from you.
Sir recently on 25th Nov. 2010, my parents had discussions with her parents among the sacred mediators in my sister and brother-in-law house (it is the same town of wife). During the discussions my parents brought the issue what I am suffering and my family suffering with her attitude and her talks with me in telephone conversations (like she do not like in-laws and wants to separate me from my parents and demanding my salaried to transfer into her accounts instead of my parents etc.,). And my parents requested o stay with them coming to my home in my town, and also requested assurance bond from her parents and from her, that she has changed completely and behave in good moral value girl and mingle with in-laws and co-operate with our well reputed (in my town) family and system.
But her parents denied and moreover threatened in an abused manner that, their daughter won’t come to our (husband) parents home and also they denied to take the chance to keep their daughter with my parents home for the betterment of her change in mentality. Moreover they immorally demanding that, I (husband) have to bear all her tortures and behaviors as I had tied the sacred thread to her neck. But sir really speaking she never co-operated for the costumed family way of living in the days I stayed in India after marriage, and even not behaved in a decent wife way of talks in telephone conversations. Sir I am severely suffering with her behaviors as my profession highly needs a peace of mentality.
Further her parents also threatened my parents that, if I (husband) do not obey her (wife) all desires (which are actually abnormal) they will do dharna in front of my sister-brother-in-law home and demanding my(husband) immediate return to India. If not they will files cases on my family and myself. Also her (wife) father called to my mobile in Italy and threatened me the same on the same day after the unfruitful discussions and warnings to my parents by them (wife parents).
Sir immediate to the next day (26th Nov. 2010) her (wife) uncle (age is around 45) intimated to our relative at my sister and brother-in-law home that, they will file a petition in the court against my family and myself.
Sir here I once again request you to keenly observe her and her family behaviour and talking’s and their moral values and the way they resolving the issues (very immoral and arrogant and torturing way) in the discussion meeting with my parents. All these things highly disturbed me mentally and all my threshold limits were broken. Being my self cheated by her and her parents and her family non moral values and their tortures since last 14 months. Hence now I decided to get separation from her from the marriage bond, otherwise it (wife and wife family) will totally spoil my mental piece, bright scientific future , totally me and my well reputed family system . Hence kindly suggest me further.
Thank you very much
PRM
Jamai Of Law
25 December 2010 at 11:27
I am in urgent need of supporting citations (Bom HC, SCC) which are pro towards 'application for Review of Ad-Interim Maint Order' at Family COurt.
Kindly offer suggestions.
The Scenario as follows:
Petitioner-wife although awarded int. maint vide interim Order for the 'sake of kid' and not for her vide sec 24 of HMA, had concealed material facts (which are avaiable as new disclosure which is glaring and can't be ignored. Wife is found to be saving double the money in FDs, than what is asked in maint., and came to court with unclean hands that she hasn't got enough money to support her as well as kid) This disclosure was unknown to husband
In the Order passed, there are self-evident 'errors which are apparent on the face of records, such as'
Court concluded that no evidence is adduced by Respondent-husband about a fact, but evidence was very much there on record and it was submitted at the time of WS filing.
Wife herself conceded about the 'existance' of the facts for which court was asking proofs to respondent, which respondent he couldn't gather (but didn't ask for more time).
'Sudden U-turns, travelling beyond the pleading, amendment to pleading' by Petitioner-wife 'on-the-fly' during argument , although dis-agreed by respondent. Court presumed and allowed the amendment to pleading, whithout assigning and ascertaining the burden-of-proofs to petitioner (which is a glaring 'procedural error' in FC, on the face of records). also This is not inference but it is self evident by reading the text of the order.
This caused 'erroneous' inferences subsequently by the court....but 'erroneous judgement is the outcome of the 'errors on the face of recorsd'
and counter plea 'appeal in disguise' can not leave the respondent remedyless
as respondent is 'NOT allowed for appeal' as this is interim order,
as respondent is allowed NOT allowed for Civil Revision at HC (videCPC 115, in the present context, only wife may go for Civ. Rev. Pet. at HC if the interim order results in finality of suit, but that is also not the case here.)
and Respondent is left with only remedy of EITHER Review at FC
OR Writ under 226 and 227 at HC
'errors on the face of records' has caused to occurance of judgement which the respondent finds it 'erroneous'.
And hence Respondent prefers to apply for review, not purely from the view that 'judgement is erroneours' but mainly from the perspectives of 'error on the face of record' as a primary reason, but feels entitled to get the 'judgement corrected' in the due process.
'Court of equity' prevails all the time along with 'court of law'. Respondent (at FC people not expected to be proficient in law) can't be made to run pillars to post, for conflicts of 'province of appelate court and original jurisdiction'.
If anyways if the review is to be ordered, then he be allowed to adduce the evidence which wasn't produced earlier, that doesn't mean amendment to pleading but supplication of incomplete evidence.
Error are liable to made by everyone, error and offence are different.
If judiciary has provisions to correct its own mistakes in records, then litigants in FC who are illiterate of law, are shown the rulebook about timely submission fo record?
litigants in FC, who are illiterate of law, also be benevolently condoned about their 'failure to adduce evidence in timely manner'
Respondent was expected the wife to come clean before court in financial matters which are trasparent due computerisation of banks etc, and on top of it she was expected not to take U-turns and sudden outbursts which in fact resulted in conceding to
Actually 'the correction of erroneous judgements occured due error on the face of records' is within the review jurisdiction .
How to counter/demolish a very likely and very anticipatory counterplea of 'appeal in disguise' from the opposite party?
Please advise and please refes of useful citations if any
If the FC rejects the 'Application for review'...does the respondent still have remedy available under Writ under 226 and 227 at HC afterwards?
If the FC allows the 'Application for review', ...........
but in review and rehearing of the same if the court retains or comes to the same conclusion as previous one (which is unlikey....raher it shud reject app for review........... process of allowing the review underlines summarily.............about the possibility of settig-aside the previous order, ..............unless opposite party also comes with statling new evidence to defend the order)...
does the respondent still have remedy available under Writ under 226 and 227 at HC afterwards?
Thanks for your expert suggestion, in advance
Anonymous
23 December 2010 at 09:43
I am really astonished and agonised to observe that all experts and lawyers actively interacting through the lawyersclubindia web site keeping mum over two important aspects.
I have been observing that whenever new topics/objections are raised on payment of huge amounts as maintanance to the erring wife, punishment to the erring wife, whimsical behaviours of the Family Court Judges (who have always been pro-women and against the innocent husbands)etc they are left unanswered/vaguely answered/ignored.
Some of the MOST INTELLIGENT ADVOCATES AND EXPERTS act like saddists with ironical and sarcastic replies.
There are also experts and lawyers who want to make their presence felt by just positng replies like "same as abovve", " I too agree", " I support....." etc.
WHAT A RIDICULOUS AND TRAGIC HAPPENING INDEED?
Now I am sure that because of such Experts and Lawyers(most of the the time liers) that a burning problem is growing like congress grass. A pitiable situation really.
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Need Sound Counsel
A petition is "allegedly" by a lady in Family Court seeking Divorce from her husband on the ground of cruelty under section 13(1)(ia) of the HMA.
Subsequently, 3 months later, a Memorandum of Compromise was "allegedly" filed by both parties under Order 23 Rule 3 CPC.
On the basis of this, original petition was allowed on same day and an Order granting Divorce by Mutual Consent was recorded under Section 13 B of the HMA was passed
The compromise provided for alleged agreement between parties, viz;
a)Divorce shall be granted.
b)The lady will not have any claim against her husband for her Maintenance.
c)She should not have any claim over the property of husband, and,
d)She will not have any claim over the custody of her children.
It was only 3 months after divorce order that the lady came to know about this fraud played upon her only. The same can be understood from the fact that till then she was residing in the house her husband unaware of the fact that the a Divorce Decree has already been passed. There are several proofs supporting the same.
Immediately the lady files a suit which is a suit seeking to declare the Divorce Decree as null & void on the following grounds :
1.That the "alleged" original petition and Memorandum of Compromise have been actuated by fraud and coercion by her husband by threatening her.
2.That NONE of the provisions of a mutual consent divorce have been adhered to and the Order of Divorce is not in conformity with the mandatory provisions of section 13B
3.The divorce pronounced merely on the basis of a Memorandum of Compromise filed under Order 23 Rule 3 CPC.
4.No Decree of divorce can be granted under Order 23 Rule 3 CPC of HMA otherwise the very purpose of enacting a law under Section 13 B of the Hindu Marriage Act is lost.
5. Several recent Supreme court judgments have been citied which have come down heavily on Family courts for waiving of provisions of Sec13(b) very freely.
I would, as a student of law, like to get perspectives from the learned members of this community on the
A). Quality of judgment as well as following a due process by the Family Court.
B). Legal strength of the position taken by the lady now.
C) Is there a provision in the law which the lady can take help of for remedying this gross tragedy?
Regards