aisha
10 September 2012 at 17:13
My husband deserted me 6 yrs back.He has performed 2nd marriage without divorcing me. Litigations are pending between us. I have filed maintenance , domestic violence , bigamy ,specific performance for possesion and registeration of a flat in my name etc. I am living in rental house. My husband has shifted to above mentioned flat with other women . This flat is in my husband's name but he has signed agreement to sell with me in 2005 . i have paid the full consideration amount. Now this case is pending since las 6 yrs in distt court bcaz my husband is just dragging it unneccceraily.
I dont have any place to live and maintenace case is pending since last 6 years . i am only getting interim maint. rs. 5000 only
Now my question is
1. As i am still legally weded wife , can i shift in my husband's flat forcefully and start living with him or he may leave that flat ( flat is infact mine but he had taken possesion illegaly back from me in 2006).
2. What legal action an take against me once i enter the flaat and refuse to leave it.
JusticeSeeker
10 September 2012 at 13:50
Can a woman start using her maiden name officially while her divorce petition is still under court trial? The divorce petition was filed in March 2011 and is still pending with the court. Experts, please advise!
my uncle sold some part of our undivided land by making a forge kulmuktyar making 2 false persons stand we came to know about so we filed a complaint which resulted into a chargesheet being filed in the court since we stay far away n my uncle is a localite in the village he has got great connections there we observed this when the police were not co-opreting with us but we had recorded the police using false statement against us we made a audio cd of it n send to high authority n then send rti about it soon the police filed a chargesheet in the court but now the same problem arises we suspect the govt laywer of being with my fraud uncle how can we get help n if there is any smart advice regarding this issue
i am a soldier in air force frm 2005,,engagement from jan 2008 and Marriege(court) on- 14 july 10 then she refuses to came ...arrange mrg on - 14 may 11..she came and lived with me for 5-6 months only..from 11-16 june 12 wife with me went her parents house and said false so many things(like- she dont like me, i have nothing good quality like her B/F, not giving money..keeps hungry..no treat while ill...etc ..although i have done more than enough for her than self which i can proove).
i have done for her many things like-
1.-she is 8th fail so admitted in rajasthan state open shool for 10th but not prepared or passed.
2.- 06 months diploma in basic computer.
3.- given a schooty when she demanded on finance even she deserted me then also in nov 10.
4.- my ATM during 5 years jan 2008 to 16 jun12 money statement showing she taken 2.5 lakhs.
5.- 01 months four wheeler driving..in extra- gift,shoping,dresses,mobiles, etc never forbidden.
she taken money from her boy friend also as he told me, she told him wrong like my name, self name,occupation etc...both are in contact from jan 2010,, now they both are using unknown sim and changes it in mobiles when nobody remains at home...
i was beaten by my BIL then my MIL thrown my luggage etc.. i came back on 16 june 12 on duty my IAF service..were staying at service quarter.
now i came to know that she has gone with jewellary and also told neighbours not to return... she and all her family is threating me to jail my family and to make me suicide....i have recorded each and every calls and conversations...she is saying that will not come till a written aggriment which they will made and we have to sign..
they all are abusing us badly and nakdly.... now she is pregnant running 4 months...she even not given me a single misscall.
.i have voice recording and call detail of her with her boyfriend saying will die without him and she likes him..that boy is saying me-" to make understand your wife not me" and " in love and war anything can be done". my wife forbidden me to meet and to kill if i would visit then lastly came when i sent her boyfriend to make her agree.she is obeying all of her B/F.
.now how can i file a case against his boyfriend and my wife..which ipc sec may apply..?
our councelling will be between 16 to 25 sept 12, i have already said and given the application for this on aug 18.
now i gone fedup with this things, now i think to divorce because, all of her family is saying that if i get her back and if she die then they will make a case of murder against me..i have all strong proofs. she tried suicide twice in which one was in front of her mother also so i afraid now, all the above is mentioned in a written complain given by me on 16 june 12 (separateed) in her local police stn.
sir how can i make my case strong as now i can not bear it more...i want divorce and case against her B/F..plz sir..
lavender
09 September 2012 at 20:18
I've filed a Domestic violence case against my husband who tortured me physically and mentally and asked for maintenance for our child girl child who is 4. Can u tell me how much percentage of his salary can be given as maintenance for the child or how is it calculated. he is apporx earning 60,000 per month. As I'm working, am I not eligible for maintenance?
I will be grateful to know regarding details of appeal procedure of Supre Court (including filing) under self pleading.
Whether after the order of HC, 90 days time bar is applicable to file appeal in SC? Or 30 days as usual?
Kindly enlight me the procedure for SLP at SC for in-person. What kind of situation is approprate for a SLP relief. Whether any court fee is applicable for SLP?
What kind of preparation are needed to cope up the barrier of SLP as only few second is allotted.
shrihariji
09 September 2012 at 13:31
Sir,
I want to know that if I go for higher court in my 125 case , if any arrer should i pay first ???
as i mentioned my total arrers for the 4 yr is 7.2 lac rupees and if i go to higher appeal what will be situation ???
My case is in gujarat ...
the order from the date of application , and at that period from the case startig my salary was 18000/ = and after 2 yrs. 22000/= and present when my cross xamine done in 125 case i mentioned 25000 p.m.
my wife salary 5300/= p.m.
sir, i i dont have that much of money ??? can i go to the higher court??
venkat pandurangam
09 September 2012 at 13:04
My niece is given diverse notice by her husband .She has twins of 7 years old.Her husband has an ancestral property of 50 acres.
He has gone and did a partition deed along with his sisters and mother transferring unequal portion.
Can my niece file a suit in the family court to make the deed null void till the children are grown up as she is custodian of the children presently
shrihariji
09 September 2012 at 11:46
All my friend ......
This friday was very horrible nd shocking day for me....
what i m affraid of the matter , it happened ....
In my 125 final order , the FRAUD judge ordered 15000/ p.m. from the date of application which is 04.08.2008
so the arrers of the amout will be around 7.2 lacs and 1500/ leglestive charges
I m totally disturbed about the order....
How he can order this huge amount though wife is working and getting 5300/= p.m. salary as teacher ..
though when the petition filled , my salary was 18000/= and the after 2 yrs. i got 22000/ = and when my cross examination happeded i tell the judge that presently i got 25000/ = p.m with 10000= variable amount...
I have already submitted my parents medical bills and their monthly medical expances...
i have daughter age 5 yrs. old live with her mother....
Judge also not consider in his order my 340 application ....
My lawer has made all the argument in written ...
SIR, PL. HELP AND REPLY TO ME ABOUT THE MATTER ....
WHAT SHOULD BE MY NEXT STEP ???
IN HIGHER COURT IS IT MANDATORY TO SUBMIT THE ARRERS AMOUNT FIRST ????
If that much of money i dont have what should i do ?
With Warm Regards,
court case maintable or not.
Sir/s,
in a family court, a wife on the ground of cruelty and demanding dowry, has filed a case against her husband for divorce and maintenance for herself and their child.
Before the same court previously her brother has filed a case demanding divorce for non consuming his marriage aas there was no physical relation between himseslf and his wife. in those matter his wife in her reply agreed that their marriaged was incomplete but alleged about an illegal relation (Adultery) between her husband and his sister(who is petitioner in present petition)the said matter then settled out of court and both of them filed a jt. petition for divorce.
in the said petition the advocate who appeared for the girl who has made allegation about adultery against her sister-in-law, the same advocate appeared in present matter for the petitioner (lady) against whom she made an allegations of adultery (An illicit relation with her brother)in previous petition.
my query is that on the basis of previous record, can husband in present petition file an application of non-maintainability of his wife's case, as her own Advocate made such serious allegation against her own client in other case.
Reply pl. it is an urgent matter.