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.
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
Ravi
12 September 2012 at 19:26
I got married 1.5 yrs back. It's love-cum-arrange marriage, two of us equal in all respect. Me being PG doctor & wife being MBBS. We were in courtship 4 abt 5 yrs b4 mariage. Just b4 mrg, our relationship started deteriorating sharply with my 2-b-wife compelling me 4 immediate marriage OR threat of walk-out otherwise. I & my family gave in and we got married abt 1.5yrs bak.
I stayed in boys hostel at my college and she at girls hostel in same college until june this yr. she wud stay 2-3 days at my hostel every week. In june we shifted to delhi.
Over last 1.5 years our relationship has been mostly turbulent. she demoralises me continuosly---my achievement, family, friends, everything. She demeans everything which i do 4 her out of my sense of luv/responsibilty..her mothe constantly coaches her over phone..she has not the slightest emotional concern for me/my family/anything related to me.
she wants me to break my all relationship with my family/friend etc.
In delhi, initialy she shifted (we arranged it 4 her)to a girls hostel near her coaching classes to save time. I stayed at my elder brother's house(my father lives with him), who is unmarried and very close to me. she wud come 2-3 days at this house. About 1 month bak I shifted to boys hostel of my hospital.
Since then, my wife started insisting dat either i take her 2 my hostel(which i can't) OR else she wud go 2 her parents house in BIhar. I resisted and asked her to stay at her hostel until her exams in Nov/Dec. Abt, 1 week bak, she had a night-out with her cousin (i don't kno her nae, never met her)widout informing me. Yesterday she shifted out to some other place without informing me.
I must add, she has never ever cared 4 me, never ever made a cup of tea 4 me.
Over last few months, there's inreasing no of times she's insulting, defying me and when i confront, she wud start senseless arguements. she won't listen. now she says she won't tell me her address and wud never come home or go 2 my home town. She says she can meet outside if i want 2 discuss.
In a way, she has given me ultimatum 2 choose either her OR my family
please sugest,
1.I don't kno, where is our relationship headed
2. I am afraid, she can put us in dowry related cases.
3. I there any chance of saving dis mariage
4. wat sud i do save dis mariage
5. shud i file 4 divorce
please help
mohammad asif khan
12 September 2012 at 18:11
dear experts,
i am a sunni-muslim by birth and i have been married to a sunni-mulsim girl on 06th december 2009 without taking any dowry nor any demand after marriage because she is an orphan... i have married her because of this and she is a hafiz-e-quraan.... after marraiage i left to my job(dubai) in dec-2009... after one month of my arrival in dubai she insisted me to bring her to dubai, but i am not in a position to bring her because my salary is low i cannot afford family in dubai... after somedays she left my house by creating a havoc blaming my mother and sister ( both are widow ) that they are torturing her... in hurry i made a police application from dubai by stating all facts ... how she has left my house and those things which are happened to me on phone in the presence of one elder and police inquire according to my application... in feb-2010 there was elders sitting is gathered at her uncles house.. in that sitting all disputes between my family members are dissolved and they made a written statement that the girl will stay at her brothers house till my arrival to india... then i withdraw the police application by writing a letter to police from dubai.... from 1.5yrs i stop talking to her on phone, because she use to insult my image for every now and then in my home town.. at last she use to go anywhere as per her wish she not even listen to her brother, whatever the guidelines made by sitting members at elders sitting she ignored.... because of this act of her i stop talking to her on phone.... now she started blackmaling me that she will file criminal cases against me and my family....i am sending a monthly INR.2,000.00 to her bank account as maintenance...
plz.. tell me how can i fight against the misuse of 498A?
xxx
12 September 2012 at 16:50
My daughter is 3 years old and the custody of the child is with me (Mother. The court has granted access to the father twice in a month in family court. However, the child is reluctant to go to the father for access. We have informed and highlighted the same to the court.
Subsequently, my husband made an application to the court for the child's interview with the Hon'ble Judge in his chamber where me, my daughter and my husband will be present. The Judge has said that he will call the daughter for the interview/ interaction during the access period as the access is given in the court premises only.
I just want to know what kind of questions the Judge may ask my daughter.
xxx
12 September 2012 at 14:46
My daughter is 3 years old. She is reluctant to go to her father for access. We have informed the same to the court. Subsequently, the opposite side made an application for the child's interview with the Hon'ble in his chamber where me, my daughter and my husband will be there. I just want to know what kind of questions the Judge may ask my daughter.
Pakistani Husband - Indian Wife
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