DNJ
29 September 2012 at 15:48
Facts of my case:
1) Marriage : 12-Dec-08 (wife's place - Nasik) husband is from Mumbai
2) Wife staying separately since May 2009 after performing Godbharai wife sent to her parent's home.
3) Child (male) born in Aug 2009
4) Stridhan taken back by wife's relatives in Jun 2010. Noted on Stamp paper by husband
5) Husband sends 3 money orders to wife in 3 consecutive months of Rs. 3,000/- in 2011 but rejected by wife without any reason.
6) Legal notice from husband on RCR in March 2012 followed by petition in April 2012 as no response from wife's side for RCR.
7) 2 dates wife doesn't appear in Mumbai Family court in RCR petition.
8) August 2012 Wife files for 125 CrPC in Nasik district court and another for DV u/s 12(1), 18, 19 & 20 against husband and his parents (both parents are unwell).
9) Summons received only for 125 CrPC and not for DV by husband so far.
Queries:
1) Can a decree be obtained on basis of absence in RCR petition by husband exparte?
2) How long does it take to obtain the exparte for RCR?
3) What to do next after RCR?
4) Does husband have to give maintenance u/s 125 to wife despite she desserting husband?
5) Can husband claim child's custody? who is just 3 years old?
6) Can DV case be applied for Quashing even before the summons are receievd by husband?
7) Can husband seek exemption of unwell parents from appearance before Nasik court in DV case if it is admitted by Nasik court? Do the parents have to appear in Nasik court to seek exemption for DV case?
8) What's the basis and quantum of maintenance to be paid in above case as a proportion of husband's salary?
Truly appreciate your feedback on these.
Thanks,
DNJ
swasti
29 September 2012 at 15:45
If family court allowed an IA by petitioner to amend the main petition, what are the options available for respondent to challenge that order? The issue framing and trial not started yet. The IA is to add mental cruelty as new ground in main annulment petition filed on impotency ground. I've objected the IA saying such amendment will change the basic nature of the main petition.
Can I file revision petition before the same judge?
Can I go for appeal before District Court?
Can I go for appeal before High court?
Is permission from Family Court required to file revision or appeal on IA order?
kavkaz
29 September 2012 at 09:56
If my wife is ready to rejoin me, then which condition should be mentioned in the family court consent terms so as to ensure that in future only the court would pop up in between me and my wife to resolve our matrimonial issues, if any.
And that me or my wife, should not involve any third party other than the court to resolve our matrimonial issues in the coming years, when I would be spending my rest of the life with her.
I just want to ensure my complete safety, i.e., I should not be trapped in any false dowry or domestic violence case in future.
4WhatIsRight
28 September 2012 at 23:44
one of my muslim friend married a hindu girl in 1997, under special marriage act.
in 1999 after a heated argument my friend divorced his wife by saying TALAQ thrice and destroyed the marriage certificate.
after some counselling by friends and well wishers both agreed to reunite.
they again married under special marriage act got a new marriage certificate, followed by nikaah.
now in 2012 after lot of rethinking both have decided to go for divorce / dissolution of marriage/nikaah.
now will saying talaq thrice will amount to divorce or what procedure they need to go thru to get divorce.
S.B.adil rahman
28 September 2012 at 20:59
A married girl after one year of her marriage was subjected to torture and physical violence by her in laws and husband.During the matrimonial life she also visited with her husband her sister-in-law's place in USA where she was forced to work as a maid for 6 months at the instance of her husband.Due to the physical torture and mental harassement when she protested,she was ousted from her matrimonial house in Orrisa to Kolkata where her parents live She has filed a case under section 498A IPC in Kolkata against the in laws.Please suggest in the D.V Act case where will be the venue of complaint and trial? What benefit she can get if she files a complaint against her sister-in-law of USA at USA Consulate in Kolkata where she had been ill treated and was forced to work as a maid servant?
fighter498
28 September 2012 at 15:30
Hello, I got married to a girl on 18 feb this year through arya samaj marraige act but after few month we are finding difference in opinion. now it is very dificult for me to live together as she always threaten me she will commit suicide and she also lit up her dress one day and gathered neighbour at home. After all this i dont want to live together so kindly help me in finding the wayout to get rid of this marraige.I am afraid that she can do anything to threaten me so suggest me how to tackle the situation . Should i give written complain in local police station against her activity.
Member (Account Deleted)
28 September 2012 at 14:08
I am an Indian residing in India. The whereabouts of my husband who is a foreigner is not known for over 26 years. How can I remove his name from my passport, and also go back to using my maiden name in my passport.
Would appreciate your advice in this regard. Thank you!
Adv Vikramsinh Mohite
28 September 2012 at 01:56
Respected Seniors/Friends,
This is Vikramsinh Mohite from Pune. I request you to urgently advise on the following:
The JMFC Court has given final judgement in DV case granting maintenance from the date of application. I got the copy of judgement on 24th August 2012. I have filed the appeal on 24th Sept 2012. I have not applied for the stay of the order.
However, my lawyer has told me that opposite party has filed recovery proceedings against me for maintenance. I want to know the following:
1. Since I have filed appeal, do i need to file for stay application?
2. If yes, what is the time limit for filing stay application?. It is already more than 30 days.
3. In case the stay is granted by the court, how much do i need to pay?
4. How to counter the recovery proceedings?
Kindly reply asap.
Thanks & Regards
Vikram
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Asking the petitioner to file affidavit...
Wife filed for annulment on ground of impotency ( used the wordings: not physically and mentally fit for married life) and non consummation. Husband has filed counter denying all allegations, and also filed application (IA) for potency test by medical board. Issue framing and trial not started.
Now, can husband insist for affidavit from wife on allegations in her petition ie. impotency & non consummation?
Is getting such an affidavit before my medical test going to help me anyway?
What are the steps to be taken from my side before pressing my application for potency test?
or
Should I wait and let the court allow my application (IA) on its own or on her request?