Atish
12 August 2012 at 09:20
Dear Madam/Sir,
I WOULD APPRECIATE IF SOME VALUABLE TIME COULD BE SPARED AND AN ANSWER GIVEN IN DETAIL AS IT INVOLVES ADULTERY AND AN ENTIRE FAMILYAT STAKE. THANKING YOU ALL IN ADVANCE.
My wife had applied for divorce and maintenance as per Muslim Law in the Family court. She had used my lawyer of 5 years whos services I had terminated because of the doubts in their relationship. This was an ego point as well as vengeance and knowing all about our properties and monies as he had prepared our Family Wills at one point of time, they had planned a very good strategy for nearly a year.
My wife had left her matrimonial house without my knowledge and filed the Divorce. They had also filed several other cases such as civil, criminal etc in various courts when they learnt that I had transferred all the properties holding my wife’s shares to my mother vide a legal registered Power of Attorney. These funds at one stage had also come from sale of my parents properties and my wife’s name only put as for love and affection.
For nearly 3 years we had been filing in all courts for withdrawal of the VP of her Advocate as he had been our Advocate at one stage and knew all our family details and investments. Our pleas were rejected all over stating that there was no substantial evidence for the same.
Finally recently with God’s grace we came upon a Joint Account which was opened by my Wife and her Lawyer(At one time my/our lawyer for 5 years) as operation Either or Survivor using her matrimonial address and that too 3 months prior to filing the Divorce and while she was still residing at her matrimonial house. The introducer was also the same lawyer with his residential address as he had an account with the same bank.
Later this address was changed to the lawyers office address. We also came upon a locker hired by my Wife in the same Bank and the nominee was the same lawyer. Finally we also came upon FD’s worth 7 and a half Lacs of which again the nominee was the same Lawyer. All the addresses were by now either her lawyers office or residential address(in his case)
We have 2 sons(one major and one minor) who have with their choice and court custody order for the minor chosen to stay with me. Even their names were not included anywhere in the bank records.
After even knowing that we are accusing them of Adultery courts against their false cases, the lawyer has still been picking my wife up from the school she is working at and bringing her to court, and these photos and videos of the last three days of the Family court Cross Examination of my wife have been produced in court and my wife has also accepted sitting in his car and coming to court saying that there were no rickshaws.
All this has finally been submitted in the Family court and we besides a lot of other proof of the past as foreign/outstation trips with our family and the lawyer also being a Family friend. We have now again along with Ammendment of Evidence Affidavit(which has been accepted by the Family court) applied for the Withdrawal of his Vakaltnama and waiting for the Order.
In the mean while I would request your kindself to adivice me as to is the above enough proof to prove ADULTERY as had been suspected besides a huge conspiracy to claim Properties and Monies which do not belong to any of them.
I would appreciate the stress to be given on the ADULTERY aspect as that is where the heart of the case lies.
Please guide in depth and if possible explaining as to under what all sections could we prosecute both of then for all this torture of all manners my Family has gone through for the last many years.. My entire Family will be very obliged.
Thanking You and Regards
Atish
Arul Kumar
11 August 2012 at 21:11
Dear Experts,
A christian man has obtained divorce decree. The marriage was dissolved by decree of divorce under sec 10 (1)(i), section 10(1)(ix) and Sec 10(1)(x) of The divorce act 1869, in February 2012.
Now the man intend to get marry another widow. Should he wait further or he can get marry now?
Thanking you,
SANDEEP KUMAR
11 August 2012 at 09:28
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SANDEEP KUMAR
10 August 2012 at 20:30
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Amit
10 August 2012 at 15:51
Hi,
My annulment case is ongoing since the past 10months. She is yet to file counter. But one of her relatives has given an indication that instead of annulment, may be we can go for MCD (no idea what my wife thinks though).
My questions is:
(1) What's the process for converting it?
(2) Can the 6months period be waived off now that 10months have gone since filing of petition by me?
(3) If the family court waives the cooling period, can it be later challenged by her in HC?
(4) Can you cite some judgements where HC/SC has upheld/rejected such waiving (noting that divorce case is pending from more than 6months)?
(5) Any pointers on how to proceed?
Thanks
ajay shakar
10 August 2012 at 15:37
whether an aggreived person can ammend her petition during its pendency before her evidence.
Brijesh Bajpeyee
10 August 2012 at 15:33
my wife first filed 498-A, 406, 34 against me and my family members total 7 people, we have applied for AB in sessions court and we got after 3 three months she again filed dv 2005 case against me, parents and my married sister out of 7 people to whom she filed 498-A, 406, 34.
In her dv 2005 application she have mentioned all sections and sub sections nothing left. shes very clever lady shes demanded right to residence in her application please let me know she can again enter at my place with court orders as i dont want her back. i dont have any property or house in my name. we have rented flat and thats to in my dad's name. please help me
lalita devi
10 August 2012 at 12:30
I was granted divorce by a deed of mutual consent. My first husband and the lawyer made me to believe that this was final, the words were under 29(2) this divorce is allowed and either parties are free to remarry. I remarried soon after this, by a registered marriage. The deed was given as evidence of my divorce. Both my husband and I believed in the divorce of deed. 3 years after my remarriage, my first husband filed for a decree of divorce. Due financial and time constraints, I did not contest this, as by that time I was also settled in my new family and this was a crucial period in my kids' education. Now, after all these years, I learn from similar cases, that since my remarriage was before the divorce decree, it is not valid in the eyes of the law. My kids and I have seen happiness only with my second husband. I want to validate my second marriage. The interest is doing the right thing. My first husband is remarried. My kids have been brought up totally by my second husband and me.
Member (Account Deleted)
10 August 2012 at 12:15
dear sir,
my wife is residing in her parents house for last one year,i have send her several letter
to return back home , accidently she has filed 498a/406/34 against me last week, after 4 days of P.C i get bail.
Now she is theating to file domestic violence act if i do not give him mutual divorce immediately
What is the way out to avoid domestic violence act ? Please help
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Review petition
sir i belong to Andhra Pradesh. recently my marrige is declared by Hon'ble High Court of AP. After pronouncement of order, the other side party filed Review Petition on the following grounds:
1) Rule 8 of Hindu Marriage Act in Null and Void Case u/s 11 of HMA and section 5 (1&2) of the proceedings:
Sir, i filed Null and Void petition u/s 11 of HMA. it was declared Null and Void on the grounds that the girl is having living husband at the time of this second marriage. I called that first husband as witness in my OP. He came and gave his evidence. again the opp party filed appeal before HC of AP. during the arguments the other side counsel argued orally before HC of AP that the first husband was not made as Co-respondent in the OP proceedings, so it is not valid witness. Sir is it correct sir. but the first husband came as witness and given his witness. more over sir the girl filed a memo in lower court that the evidence of first is sufficient to decide my OP case. in this case, again in this review petition will consider that rule 8 under HMA? sir if that person given his evidence as witness, then in that case also we have to call that person as cor-respondent? in this case how HC will cinsider the review petition.?