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Abhinav shrestha   22 June 2019 at 13:04

Divorce case section 13A & Dowry case section 498A

Dear team

Request help in below mentioned case

This is in with reference to the case filed at Dewas madhya Pradesh and Bokaro Jharkhand.

DEWAS CASE
My brother in law had filed a divorce case on 11/08/2017 under section 13A. The current stage at which the case is at FINAL ARGUMENT.

BOKARO CASE
My sister had filed a dowry case on 18/04/2017 under section 498A. The current stage at which the case is at APPEARANCE.

CASE HISTORY
The party of dewas has filed case against us post our filing date so as to get rid of Dowry. Since the case filed the accused is out of INDIA and his case is moving fast without his presence.

QUERIES
Can divorce be granted without his presence?
(Brother in law ran away and left INDIA and is in USA)

Till date the accused and his family had not appeared in Bokaro court what action can be taken?

If decree of divorce is passed will section 498A will be valid? Will my case of dowry will proceed?

Several warrants (BW & NBW) have been issued against them and had been sent to dewas police station and to The Superintendent of Police but no action had been taken on warrants, what next can be done?

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Member (Account Deleted)   08 June 2019 at 11:21

Pleading for new relief in appeal

The divorce/annulment petition filed by wife on ground of my alleged impotency got dismissed after trial since I got medical certificate in my favour from the special medical constituted by court order on my application for my potent test. Then she filed appeal in HC against family court judgement. As per my advocate it will also got dismissed based on the same medical certificate. Now the issue is that I don't want to continue this relation after all such allegation and litigation, and want to get divorce on grounds like irretrievable break down. So, can I plead for divorce on new ground in counter for this appeal or should I wait until the appeal got dismissed? She is not ready for mutual divorce.

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Shaik   15 May 2019 at 09:52

125 crpc betrayals

Hi,

My wife has filed maintenance case under 125 crpc. If lawyer cheats you by making you sign papers where you agree to pay maintenance.
If he files any papers like that how can I verify & get them withdrawn from court.
My relative took me to this advocate & he is not available or in contact now.
Lawyer told me it is vakalath/ permission petition but I don't see her name as respondent's advocate in 125 crpc.
I verified in ecourt, Could you help me with it.

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Anonymous   01 April 2019 at 15:14

Maintenance and welfare of parents and senior citizen act

Dear Sir,
I purchased a flat in the name of my mother and paid all the installments and payments by myself. Now my mother transferred the property in my name. but there is a clause maintenance and welfare of parents and senior citizen act.

I want to get it removed. can I transfer or register the same property to my wife and get it removed?

thanks

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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

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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

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Anonymous   14 January 2019 at 22:49

Children custody in divorce

Husband and wife wants mutual divorce...They have 2 children...10 year old boy and 6 year old boy...Both wants to be with mother only...How will the court decides..

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Neeraj Sharma   15 December 2018 at 09:08

Sec 406 IPC

Respected Lawyers,

My ex-wife filed a case against me in 2012 complaining that my family members and me did not return her stridhan and other items she demanded for at our main house. She has retained her words in her cross also.

She has produced a paper on which details are that some of the items she is taking with her to her parental house and some of them like jewellery given by us and furniture items are lying with us in our main house. This paper is signed by 6 people, three of us and three of them including she and me on 23.5.2010

When she moved to a rental house with me in July 2010 she and me signed a paper on which it is written that all the items except 2 suits and a briefcase have been received in the rental house on 27.7.2010. She and me both signed it.

Then in April 2011 during her cross examination in the case u/s 125 she accepted before the court that " मैंने अपने वाद पत्र व शपथ पत्र में नहीं छुपाया है कि मैंने मई 2010 के बाद अपना सारा सामान प्राप्त करके अपने पति के साथ अलग रहना शुरू कर दिया था। ये सभी बातें मेरे वाद व शपथ पत्र में शामिल हैं।

In original complaint in 2012 she wrote that she demanded her materials from all of us at our main house which we refused to return.

Can you please throw some light on the possible outcome of the case keeping in view the above points. In fact this is a false case on me just to blackmail me and snatch money from me.

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Sk Rajjak Hossain   17 November 2018 at 23:43

Child Custody

Dear Sir,
Need your suggestion on below matter.
On may 2016 Wife filed 498a, DV, 125, bail cancellation and on march 2018 Divorce case against me. All these case stand in my my favour. No movement on 498 Case due to non available of main record as the same is in district court for hearing of Bail cancellation but since 2016 to till the time single notice has not come to us as well as OP not appearing on this case.
On DV case she has failed to prove the allegations and also not appearing infront of court since 2017 to till the time,
On 125 case she has not attending on date since 2017 to till the time.
On divorce case post filed within 15 days she has withdrawn the case i hve got the certified copy of this case.
On july 2018 i have filed child custody case, wife has received the notice and acknowledgement has come on record. Judge has suggested for news paper publication and after 30days gap she also failed to attened on court. Now this custody case is in under expart stage.
Now my question is that.....
1) should i get the expart order infavour of mine.
2) should i get the custody of my baby her age is now 6yrs.
Kindly suggest.

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