JM
21 September 2012 at 01:04
If High Court has quashed false 498a against one respondent citing incident that mentions them to be malafide, can the same respondent be mentioned in the exact same incident in another case running in the Family Court in an I.A.? Does this not amount to contempt of court?
The IA was filed after the quash decision and the judgment is also attached to the IA.
Another person has also been added to the same incident in the IA as well.
raahat
20 September 2012 at 23:47
Respected Experts,
The above metioned cases are pending before the Hon'ble court for last 10 years.Today both the accused and complainant agreed to settle their disputes on payment of Rs. 3 lakh for full and final settlement of the entire claim of maintenance as wel as istridhan and entire maintenance of children which has to be paid in seven installments over a year.It is mentioned in the settlement statement that after the fourth instalment the complainent wil withdraw her executions and after the sixth instalment she wil withdraw her 125 crpc petition and also sign a mutual concent divorce documets. The seventh instalment wil be paid at the High court at the time of quashing of FIR.
My Quations is :
1. after such statement recorded at family court if the complainant defaults what remedies are available as per law for the other party.
2.Can the complainant file DV case
3.Can the complainant or her childern asked share in the property of acused or his family.
4.can the complinant asked for relief or modified the settle amount in higher courts.
Carol
20 September 2012 at 21:49
After a year of marriage, I walked out of matrimonial house because apart from a physical relationship, my husband would hardly talk to me citing that as he did not have any female friends in his friends circle he found it difficult to talk to me. This reasoning was very ridiculous one. Later in a year of marriage, he told me that he owed quite a sum and that is why he was unable to take me for any outings. This reasoning was also quite a stupid one because he had all the money to indulge himself in buying authentic sports jersey from high brand stores. He never had the time to talk to me but would spend endless time playing cricket, football and watch all sports matches. These trivial issues in marriage which were many, made it worse which led me to walk out of marriage because I realized that it was not worth living with a man who did not love me. Its been over six months that I am living in my maternal house. Further, I have no issues. As I got married in Roman Catholic Church, I have been informed by the Priest that I need to get Divorce from both the Court and the Church. I am seeking for a Counsel who can help me secure a Divorce from Court. Further, on what grounds can I get Divorce?
Naresh
20 September 2012 at 20:24
Dear Experts,
Maintenance u/s 18 HAMA is dismissed by family court on the grounds of desertion of wife and able bodied and highly educated wife.
Divorce also granted in my favour on the grounds of cruelty and desertion of wife by family court.
During the pendency of the main case, I (husband) was paying Rs.5000 regularly as interim maintenance from my mother's earnings,
as I'm without a job (student) and depending on my mother for my sustenance, which fact the Hon'ble court acknowledged in the final order of maintenance case.
Now the wife preferred appeal in HighCourt and asking for the continuation of the interim maintenance at the same rate of Rs.5000 and
the next week it is coming for hearing to decide continuation of interim maintenance at highcourt.
My questions are:
(1) As new facts have arrived now and which are on record, is it possible to reduce the amount Rs.5000 interim maintenance to a lower level to lessen the burden of payment at that rate as I'm currently jobless now? (if the Hon'ble high court so decides to grant the interim mainteance)
(2) What is the lowest maintenance that can be awarded u/s 24 HMA (in main case of sec 18 HAMA)?
(3) Since main case is already dismissed at lower court, what factors do they consider before admitting the case at highCourt?
Regards
Naresh
20 September 2012 at 19:39
Dear Experts,
I got divorce on 25-06-2012 on the grounds of cruelty and desertion of wife by a family court.
(1) what is the minimum waiting period before to remarry?
(2) How to know if the other party had gone for appeal or not (till now not received any notice)?
Regards
Dr.Gaurang N. Gandhi
20 September 2012 at 18:07
A & B ARE BROTHERS.
'A' died instated left his wife and four daughters O,P,Q,R behind him.
all were living in one house in name of A.
B died left only one male heir X.
X married with P.
now how to divide the share in the said house?
R says the house was purchased by A from her grand father Z.
while X says that Z had donated the house to him (X) by oral gift.
Both side no documentary evidence available.
The property is situated in an interior village so no past record could be found.
Both parties X And R want to sue against each other how to resolve the problem?
In Gram panchayt form No 2 is in favor of A and Tax Bill shows X name.
R married and living in the same house on other part.
X married with P and also living in the same House.
Can X succeeds if file suit?
Dharmender
20 September 2012 at 14:03
Below is the agreement deed which is to be made between husband and wife to get mutual divorce. 498 and Dv act cases are pending in the court from five years.
Please advice whether this deed is good for Husband or not? Whether few more clauses are to be made in this deed? Is there some thing missing in this deed.
Whether the deed would be signed in front of Judge or Magistrate in any court?
COMPROMISED DEED
This deed of compromise made on this ………..Day of ……………..2012, between Husband (herein called as the 1st Party) and Wife (herein called the 2nd Party) on the following terms and conditions :-
1. That the 1st Party was married to 2nd Party on May 2005 according to Hindu Rites and Ceremonies at Panchkula.
2. That 1st and 2nd Party lived together and cohabited with each other at Ambala Cantt . Both of them moved to NOIDA after a short period and out of this lawful wedlock, a female child was born on 30 Dec 2006 at NOIDA.
3. That the 1st Party and 2nd Party tried their best level to adjust with each other but all in vain and have been staying separately from 30 Jul 2007. The efforts of all the relatives, friends and well wishers also failed in bridging the differences between them. The marriage has broken down irretrievably with out any possibility of retrievable. Therefore, the 1st Party and 2nd party have now mutually agreed to dissolve their marriage without any further bitterness.
4. That it has been resolved by the intervention of relatives and respectable of the 1st Party and 2nd Party that 1st Party will pay a lum-sum alimony of Rs ……….to the 2nd Party for all her expenses including the maintenance and other litigations and the female child will be kept by the 2nd Party through out her life and will have no concern whatsoever with the 1st Party and his family members in all concerns. This amount mentioned above is paid for 2nd Party as well as her female child. It is also settled that no claim of any kind for any litigation or any complaint in the court of law or before any officer will be filed by any of the parties. The female child will not claim any claim of any maintenance or any marriage charges or any claim of property from the 1st Party and his family members in future. The sole responsibility of female child will rest upon the 2nd Party in all respects.
5. That it has also been resolved that the 2nd Party will withdraw all the criminal cases filed against 1st Party Under Section 323, 406, 498-A, 504 and 506 IPC and ¾ of Dowry Act & U/S 18 F&G, 20 of Protection of women from Domestic Violence Act as well as u/s 125 if any, pending at Gautam Budh Nagar, Uttar Pradesh during the pendency of divorce petition.
6. That 1st installment of Rs 275000/- (Rs two lacs seventy five thousand only) will be paid through a Cheque No………………………. dated ……………….drawn on ………………………………..on day of filling of the divorce petition and 2nd installment of same amount will be paid on the last day of signing the divorce decree by Cheque No………………… .dated ………………drawn on ……………...
7. That none of the parties will claim anything in future from either party and all the disputes have been settled by this compromise.
8. That it has further been resolved that both the parties are bound by this compromise and they have no relation ship whatsoever with each other from today.
9. IN WITNESS WHEREOF both the parties have appended their signatures in the presence of witnesses mentioned below.
Witnessess:
1st Party
2nd Party.
dr anurag kashyap
20 September 2012 at 10:42
i want to know who can file a bigamy case against the husband.this person married another lady fraudulently without disclosing that is divorce case is pending in the courts. now bigamy case can be filed by the first wife only who was legally married or the second lady can also file a case of bigamy after prooving the marriage
Ramkrishna
19 September 2012 at 22:39
SIR,
MY COUSIN SISTER WAS MARRIED IN INDIA AND IMMEDIEATLEY LEFT TO USA.
THEY ARE BLESSED WITH A SON WHO IS TWO AND HALF YEARS NOW.
RECENTLY BOTH OF THEM CAME TO INDIA ALONG WITH THEIR SON, SHE HAD TO LEAVE EARLY AS SHE HAD A JOB EMERGENCY BACK IN USA.
HER HUSBAND WAS TO LEAVE THIS SEPTEMBER.
HE WITHDREW $52,000/ FROM HER CREDIT CARD ACCOUNT AND GOT IT DEPOSITED IN THEIR JOINT ACCOUNT.
WHEN MY COUSIN SISTER FOUND ABOUT THIS SHE GOT THE ACCOUNT FREEZED AND GAVE A COMPLAINT TO THE BANK AUTHORITY.
NOW HE DOES NOT WANT TO GO BACK TO USA.
SHE WANTS THE CUSTODY OF THE CHILD.
COULD SOMEONE PLEASE SUGGEST HOW TO GET THE CUSTODY OF THE CHILD.
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Child visitation right
I have file child custody case in the month of April'2012.
In the case we also claim interim visitation right .
In the first appearing date it was lawyer strike, next
date opponent lawyer appear and asked for time from court( 1 month),
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Then the case will start in november
My father health condition is detoriating day by day ,he was to meet
His grandson , but due to the above situation we are not getting
visitation right
Is there any provision that we can meet my son early ? ,can we get
visitation right from lower or higher court instantly ?please advise