JASWANT VIJAY AGNIHOTRI
16 January 2019 at 10:25
in the case of Payal Agarwal Vs. Kunal Agarwal III (2014) DMC 122 Raj., the Rajasthan High Court delved upon this issued. In this case, the Magistrate granted visitation rights. Later on Family Court under Sectin 7 of the Act passed certain orders contra to the magistrate's orders. Before the High Court, the question came up, which order has got override effects. It was held that when family court exists in the area, then magistrate does not have power to pass orders under Section 21 of DV Act..
Recently Bombay High Court has also passed an order in July 2018 and said that Metropolitan magistrate can pass the child visitation under 21 of DV act.
I am appearing party in person in my DV case and filed the application under 21 of DV act in MM court at jodhpur rajasthan and Magistrate said that the application will be rejected as being established family court juridiction in vogue, MM court can not entertain this application under sec 21 of DV act. Respected seniors i need your opinion and directions in this regard.
MM court also asking me to reply the application of 23 of DV act, i want to answer it late as the evidence in my 498a/406 cases is also going on.i want to use those evidence in my reply to 23 DV act. Kindly suggest how to deal with it as iam already paying maintenance to wife and child under section 24 of Hindu Marriage Act.
vempuli
15 January 2019 at 17:45
HI sir,
My wife asked me to leave the house but i refused and i asked for divorce as she was not ready to live with me.so she a filed a case against me under the section of Threatening to life .
i got bail and left the house and the city and joined another job in another city. this happened 8 years ago. After few years she changed her mind and we were talking. once she came to me my place and stayed for few days. she is working. She wants to visit me but not ready to stay together. When i asked about living together , she started saying all the reasons in the world. so i applied for a divorce. meanwhile i got a chance to get transferred to the city where she is living. I never visited her or stayed at her house for the last 8+ years. I thought of trying one more time. i phoned her and she attended and told me that she was not ready and asked me to stay alone.
i know her old address and when i went there to check , i was told that she vacated the house. i dont know where she was living . so we went for ex-party .
My question are:
1) I heard from somebody that she didn't withdrew the case which she filed 8 years ago.
Since i dint receive any notice reg this , i was not aware of this case. How to handle this case?
2) My lawyer told me that i would get ex-parte divorce. do you see any issue after getting exparte , if i marry some body?
She is kind of arrogant lady . Please give me your valid suggestions.
Ankit Srivastava
14 January 2019 at 23:53
Sir, myself working in govt. Sector. My brother do business and stay in other city. He use to do domestic violence on his wife and children. I tried to solve it out with my sister in law with a complaint in police but she is not supporting me. So I want my safety if any tragedy happens between them, please suggest me that what legal procedure I can choose for this situation.
Ankit Srivastava
14 January 2019 at 23:28
Sir, I am a person working in govt. Sector. My elder brother do business and stay in other city I gotta news that he use to accuse his wife and children. I want to solve it out with my sister in law but she is not supporting well. So I want save myself if any tragedy happens in future. Please suggest me what legal procedure I can do for my safety.
vasantha kumar
14 January 2019 at 22:51
Husband and wife wants mutual divorce....They have 2 children...10 year old boy and 6 year old boy... Both wants to be with mother only.... How will the court decide
sathya
14 January 2019 at 19:00
Sir, I'm working in foreign country. My wife who estranged 3 yrs ago, filed a complaint in all women police station. They enquired my parents and relatives in local and got in writing that they will bring me to India within 2 months and till such time will pay maintenance amount to wife and grandson.
Then we sent a letter to SP office stating we need copy of complaining and the written document they got by complusion.
Now we rec'd letter from police station that they will not give complaint copy without complainants permission and failing to adhere the written contents, they will take legal action.
Pls guide me how to face this.
Saleem
14 January 2019 at 15:45
Hi All, I got married around 1 year back. There was no dowry involved and the marriage expenses were shared equally between both the families. My wife left me in july. As we came to know abt her affairs. I sent her legal notice calling her for mutual divorce in november. she filed a dowry case and 498a case against me and my family. i have also applied for divorce in court. I have obtained bail also. Police inspector called me and said my wife and her family want to compromise. She is not aware that i have already applied for divorce. Inspector told that they are expecting 20L as settlement money. I told him that i have already applied for divorce in court. But he is forcing me to talk to my wife and her family. Also he was telling that if i settle in police station the 498a and dowry case will be closed there. But as i understand it is non compoundable and it has to be closed by court. Can you plz help me, will the cases against me and my family will get closed if i get settlement done in police station. Stil the chargesheet is not filed.
Anonymous
14 January 2019 at 12:46
I had sent my wife court summons as i have filed a DIVORCE case against her. Her lawyer [ALREADY TAKE TWO DATES THEY ARE NOT APPEARS IN COURT] is also taking a date today they are getting a last date from court . can you please help and guide me what to do? if they are not appears in court ?
What are the necessary steps taken by me? if they not appears in court?
vishal bansal
12 January 2019 at 12:29
hi,
i got married in 2009, after living for 6 years in 2015 wife was separated, due to small issues expanding and final issue of wife caught stealing at her work place after which she shifted to her maternal home and now after 3 years living separately she has file case under sec 12 for domestic violence. kindly advise if the case is manageable and what can be the next course of action by court.
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Pending divorce case and visit matrimony home
Dear Experts,
My friend have pending divorce case HMP 13 and the matter is gone through ex part divorce, till the evidence not submitted, meanwhile she will go to visit her matrimonial home to look after the health of his son and staying there for 8 to 10 days, she will attend the court on next hearing, she want divorce...
My query is if she was visited her matrimonial home and stay with her son, is there any consequences created in divorce case ?
Husband not attended court from last 90 days