simran
09 October 2012 at 18:46
sir,
meri shaadi feb 2012 mai hui thi hamne shaadi mai kuch bhi nahi lia na hi hamne uska koi samman lia
meri wife shaadi mai bus 6 suit lai kar aai thi pichle 6 month se ham kuch the kuch dine pehle sep mai woh apne ghar gai hui thi tab uske gharwaloo me usko bhadka dia ap woh call kar ke dhamki de rahi hai ki mai aap par na mard hone ka iljaam lagugi or 15 lakh wasolongi
mere sare pariwar par galt iljaam laga rahi ahi tell me sir mere pass paisa nahi hai mai kaha se do na hi much mei koi problem hai mai kaya karoo ki paisa na dena padee
Arvind Singh Chauhan
09 October 2012 at 17:31
Sir,
It has been a trend in 125 Cr.P.C. That court awards interim maintenance to wife, considering her helplessness, saying that all other facts would be considered on merit after evidence. Court generally think that it is it's bounden duty to award interim to wife.
In my case OP says she is not his wife his wife is DDDDDD. Petitioner unnecessarily blackmailing him and compelling him for marriage. Petitioner,s husband is alive and she has already grabbed money from him also. My client has all proofs of his real marriage.
But petitioner has not put a single proof that she is OP's wife. She only wrote single word "that she is his wife and he tortured her".
Sir I have to say at there must be some prima facie proof of marriage in file to award interim maintenance otherwise it would be encouragement to such type of greedy ladies.
Please give your opinion and refer if there is any citation,On this point.
Info Seeker
09 October 2012 at 17:09
Dear Experts,
I would like to know how law see in below circumstances
1. Wife Right on Gift which husband receives?
2. Wife right on Money Received by husband on Lucky draw.
3. Is it mandatory to inform Wife that husband received gift or Money through lucky draw.
4. what if husband doesn't inform wife that he received the gift or money from lucky draw and wife came to know sometime later from xyz person, does it amount to cruelty?
minsal
09 October 2012 at 14:39
Sir,
husband is from ahmedabad and wife is from a small town of chennai. both are equally qualified professionals and earning handsome salary. they are having a child (2 years boy). boy is with the mother.
the dispute is without any reason, the girl visited at her parents house and then not return back.somewhere in the month of july she joined a firm in chennai and in the end of july she filed a fake complaint under D. V. Act against her husband, in-laws and a sister-in-law (who is married and is residing a little far in ahmedabad)and claimed reliefs u/s. 18, 19,20,21.
After that she had filed a complaint u/s 498 against that husband filed a petition for quash (on the ground of jurisdiction) and also applied for anticipatory bail. in the same, the girl filed an application for returning her stridhan and earning amount. the Hon'ble high court transfer the matter to mediation. the matter was settled and husband returned all the belongings and earning amount, against that the girl withdrawn 498 petition.
now the complaint under D. V. Act is pending before magistrate. husband and his family think to contest before the magistrate court but their advocate advised them to file a quashing petition before madras high court. he said that if they loose the case then they will have to move before session court which is in the town of the girl residing and the girl's family having a high influences so they may loose the case in session court and then they have to move before the madras high court. But now when we have returned all her belongings and earnings, she should not have any complaint for the same, further she is well qualified earning good she is unable to get maintenance and for the maintenance of child, she has to file a separate application. she should not claim maintenance for child under this application.(This is the opinion of our advocate)
Dear experts what is your opinion? whether husband has to contest before the magistrate or to file a petition for quashing?
this is very serious matter. please reply.
akanksha singh
09 October 2012 at 00:18
sir is it important that after doing court marriage if a boy is muslim n girl is hindu .. then acording to muslim law "nikaah" must be complusory otherwise court marriage would not be taken into consideration by muslim law ??? nd nikaah is performed only when girl gets converted into muslim... does court marrige is nt an enough evidence for marrige or muslim law is difrent frm govrnmnt law which needs nikaah to b performed??
Shantanu Wavhal
08 October 2012 at 20:53
I had filed private complaint at hon. JMFC court.
Taking cognizance of the offense, Process is Issued. Process fees is also paid by me.
hon. JMFC issued summons for my VOID wife & 6 other accused (her relatives) p/u/s 494 r/w 109 & 417 r/w 34.
Upon enquiry in the office of the court, I came to know that the summons are already sent by post on 24/09/2012.
Next Date = 22/10/2012.
Queries :
1) Is this summons sent directly to the postal address of the accused ?
OR
Is this summons sent to the police station / court of their jurisdiction & police / nazar will serve the summons to the accused ?
I am sure that the accused will try to avoid accepting the summons & delay the proceedings.
2) What remedy do i have if the summons are un - served till next date (22/10/2012) ?
3) Is there any way by which I can check the Service Report of the Summons ?
4) What can be done to expedite the process of serving the summons ?
(eg. in sec. 11 case, i had filed application to send the summons by RPAD so as to achieve rapid delivery of summons.)
5) What are the next stages after the summons are served ?
PS :
Sec. 11 also filed by me in hon. CJSD court in Dec. 2011.
Hon. HC has ordered to expedite the case and dispose off the case within next 6 months.
Issues are framed in sec. 11 case on last date.
I am told that - I am supposed to file my evidence affidavit on next date. But I want to suggest 1 additional issue.
6) So, is it OK if on next date, I file my evidence affidavit along with an application requesting the court to add the additional issue ?
I am also told that - I am NOT supposed to file list of witnesses.
7) Is this version correct ?
I have no words to say Thanx to LCI family.
S P Goel
07 October 2012 at 19:33
Respected sir,
My wife is living separately from last 2 years and in future also , she will live separate. I am 57 and not earning, she is also not earning living with her sons.
I have filed a petition for divorce, sir, I wish to know your expert advice and guidance, what I am going to loose and what I will gain in monetary and non-monetary terms.
Please reply and oblige, sir
Thanks and best regards
S P Goel, Delhi
9810101999
spgoel118@yahoo.com
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Division of father's property by daughter
Sir,
I want to know how a daughter claim her share in Father's Property from other legal heirs of her decreased father, SHe also wants not to appoint any lawyer for this as her financial position is weak,
thanks in advance.