a k pandey
14 September 2012 at 19:28
Husband has applied under Sec.9 HMA. Ex-partee decree has passed in his favour with decision to wife to make restitution within one month from the date of order. Decree was not obeyed by wife and after 2 months from date of decree husband applied for divorce on the grounds of cruelty and desertion. After receiving notice of divorce wife filled charges under 498A IPC, 3/4 DPA against husabnd and his parents after 9 months from leaving the matrimonial home. Later after 1-1/2 years from date of decree of sec.9 husband through application under order 6 rule 17 CPC made amendment in original application for divorce under Sec.13(1A)(ii) HMA also.
Issue was framed 1. Whether wife has done cruelty to husband? 2. Whether wife has not obeyed sec.9 order for restitution for 1 year or more period?
Later after 9 months from date of issue framed before commencement of trial wife objected for original application being premature under provisions of Sec.13(1a)(ii) and 13(1)(1b). And original application was rejected by court ordering application to be premature under provisions of Sec.13(1a)(ii).
Can husband file fresh application under provisions of Sec.13(1a)(ii)HMA in same family court, will it atract provisions of res-judiccata or go to H.C. for review where trial court judgement may be reversed and he has to further go for divorce in same family court?
Fabian Brassett
14 September 2012 at 14:47
Dear Respected representatives of the Indian LAW ,
i am Fabian a brother of a 498a victim staying in visakhapatnam he married settled with his wife in hyderabad for 10 years happily WE HAD NO INTERFERENCE WITH THEM AT ALL, then he ran away with a girl who knew he was a married man even her parents knew that he was married ... so my sister in law put a 498A case on my mom sister and myself which is still running i cannot get a job outside of vizag because every month sometimes every 15 days we are pulled to the court in this course of time my sister in law and brother where meeting each other going out together discussing their matters sometime we came to know that they where meeting for fun too in friend place lodges hotels while my sister was suffering with her husband because of being involved in the case having three children to take care off, my mother 65 years old who lost her husband, having high sugar, having me only as a support to take care of her and my self when i went into remand for three days in central jail i was asked by HSBC VIZAG to settle my case and come back to work so i am giving spoken English classes at home the case is running from 2005 till date i am not able to get married or look for a job any way out of vizag ...now the latest we came to know that my brother and the girl he ran away had a fight and her father put another 498a case on my mother sister and my self EVEN THOUGH WE HAD NO CONTACTS WITH THEM AT ALL ....think what a situation we are in now Please advise some help before we END our selves then to go again to jail, court again another 4to5 years running from vizag to hyderabad for the hearings .....there is no words to find to express what we are going through we are not rich to PAY the police or lawyers we spent all that my father left in the first case now we have nothing no Hope no life no reason to live and all this is not are fault the FIR IS ALWAYS LIES AND NOTHING BUT LIES WHEN IT COMES TO INVOLVING THE FAMILY MEMBERS ..........Please Please help me i just want to take care of my mom and see my sister is happy with her family again. 498A CASE helps to take out revenge on husbands for may be a fight or a argument, disagreement of husband and wife on an issue, or a misunderstanding between both of them ..due to this innocent people commit suicide who cannot bare the torture like myself .............Please help i have no strength to even type thanks to the law the police of India WHO USE THIS CASE TO FILL POCKETS, BOTH SIDES OF THE FAMILY ARE READY TO GIVE MONEY TO THE COME OT OF SOMETHING THEIR ARE NOT IN FAULT OR AWARE OF ...........NICE BUSINESS HOPE GOD WILL PUNISH EVERY ONE WHO IS INVOLVED IN THIS BUSINESS OF MAKING MONEY AND BREAKING UP FAMILIES HARASSING FORCING PEOPLE TO KILL THEM SELVES BECAUSE OF TORTURE AND INVOLVING INNOCENT CHILDREN AND YOUNG GIRLS AND BOYS WHO ARE WORKING AND STUDYING SPOILING YOUNG PEOPLE LIVES WHAT A GREAT LAW WE HAVE 498A ............ PLEASE HELP ........SORRY IF I USED HARD WORDS PLEASE FORGIVE ME
Regards
Fabian
ph 7842675747
Naresh
14 September 2012 at 10:10
Dear experts,
I'm for the husband.
(a)Maintenance u/s 18 HAMA is filed by wife along with interim maintenance prayer at family court, which the family court granted interim maintenance to wife until the disposal of the main petition at family court, which husband had been paying regularly.
(b) The main petition filed by wife is dismissed by the H'ble family court on the grounds of desertion by wife, so this also
stopped payment of interim maintenance.
(c) Now, wife appealed in the high court, also praying for the continuation of the interim maintenane till the disposal of the case at high court, which the husband had been paying earlier at family court.
My question is:
(1) Under the above circumstances, is there a chance that the high court ask the husband to continue to pay interim maintenance to wife, though the main case is dismissed at the lower case?
(2)As I understand interim maintenance filed at the family court is an interim arrangement to pay wife until the disposal of the main maintenance case, which the lower court dismissed on merits. In these circumstances, is it allowed at high court to ask the same relief of continuation of interim maintenance until disposal at high court?
(3) Please help me how to go about this case?
Regards
Saquib Ali
14 September 2012 at 07:35
Hi,
Hope the one reading this is in good health and mind.
I am a Pakistani Male, 24 years of age, Born and raised up in Saudi Arabia.
I am married to an Indian Girl from Hyderabad.
My wife is an Indian and will remain an Indian. My Kids Passport will be Pakistani and so is mine.
My concern and your kind help is required in;
Will my Kids be able to Visit India with my wife easily?
In future if my wife needs to settle down in India for there studies, will she be able to with my kids?
I have not been to Pak since 15 yrs, I dont have any plans to settle down in Pak as well.
What my Plans are that Ill move to Canada soon, so that me, my wife n kids one day become Canadian Passport Holders leaving all of us having the same Nationality.
Will then they be able to settle in India with my wife in future if required?
And What if I hand over the Pakistani Passport, get the Pakistani Nationality cancelled and let the kids have only Canadian Nationality?
Will that be good for them and will they be able to settle in India with there mother?
Thanking you in Advance for your time and support
Regards,
Saquib Ali
Ranganath
13 September 2012 at 19:56
Ld Counsels
Petition filed to cause production of post paid bill with call details of brother in law who has made threatening calls. Brother in law was amde a third party in the petition and since court notice returned unserved private notice was served to the address which is not mentioned in the petition as he has moved to new residence in the mean time.
Family Court had dismissed the petition holding that no purpose will be served in summoning the documents even if any calls were made as alleged as the exact details of the conversation wont be available.
This is a corroborative piece of evidence to establish that brother in law who was involved in several criminal cases and economic offenses been in need of money has used the marriage to extract money from the other side.
Further court has held that no service has effected and no steps were taken to send notice to third party.
even though proof of service was filed and the address mentioned there-in was different from the one in the petition.
Also the phone connection is in the name of employer and the employer was set ex parte however the petition was dismissed for the above reasons.
Please advise if there is a good case to go for revision to obtain the call details and post paid bill
Thanks.
minsal
13 September 2012 at 18:52
Sir,
A Complaint filed by wife (Who is highly qualified, doing a job and earning about 75000/- per month) under D. V. Act against her husband and in-laws. in the said complaint she mentioned that her marriage is arranged marriage. prior to her marriage i.e. after engagement, her husband pressurized her on different issues like (1)after marriage she should not contact her parents, (2) she should change her old job, (3) he will look after his parents first, (4) he can leave her for his parents etc.
she alleged that apart from such types of harassment she married with the same fellow(For the reason best known to her!).
She further alleged that after marriage her husband and in-laws tortured her for not bringing ornaments and cash amount as Dowry (While in their community, there is no custom of Dowry.). she forced to do all the household works etc.
she further alleged that to save her matrimonial life she conceived a child and born a baby girl but her husband and in-laws were still tortured her continuously.
Dear Expert, do you think any highly educated lady can tolerate such types of harassment?
I do not understand that being a high qualified and independent lady why she tolerate all such type of cruelty?
when she aware about all the wrongs why she ready for marriage and why she born a child? and above all why she tolerate all cruel behaviour for years (about 4/5 or 6 years)and not filed any complaint against these people.
I personally know this family and they are very Humble and Indigent people.they can't do any thing wrong. compare to the family of the said lady, these people are very well settled.
is there any judgment/case- law to defend these innocent persons from such types of false allegation?
Shahnawaz
13 September 2012 at 17:08
I have filed for Divorce case in family court and in response my wife too has filed divorce case,Both the case have been clubbed together.From next week cross examination is starting, i want to know in best/worst case how much time it should take to get the judgement.Few points to add ,my wife has already filed 498-A and Domestic violence case against me which has been dismissed after trial .Which i have made as ground for divorce.Any help is greatly appreciated
Santanu
13 September 2012 at 12:58
I in my ultimate of immaturity(age23) married my girlfriend in a registry office back in 2007 Dec ,hiding from our family..With some unavoidable reason we broke up and filed a divorce case in 2009 and finally we appeared on the court in Jan,2010 ,with the help of a lawyer.The judge asked both of our mutual consent and put some stamp on something and let us go..I dont know nothing about it.The lawyer which we have hired told that it was done & dusted ,and asked us to get the documents (which i dont know)after 15-20 days.But till now i did'nt bother to take those papers which that lawyer had told.My question is did we really got divorced??Now with the consent of my family i am getting married(arranged).Will there be any future problem..Will the previous girl(ex-wife)may demand anything or create any nuisance..As i dont have any document paper of divorce..plz help
ashis kawtia
12 September 2012 at 20:47
mywife has filed a case u/s 498a against me and parents.we have taken regular bail from court.now she is demanding maintaince u/s 125 of a amount which is beyond my means.please advice
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Divorce and maintenance
my sister was in 2 years living relationship and 4 month old court marriage.
but now she wants to file for divorce.
she is working and husband is not employed from last 2.5 year and he black mailing for money to give divorce to her..
how can she get divorce?
is he able to ask for maintenance from wife will court allow this?
waiting for reply
thanks