DR ISHWER TAYAL
08 August 2012 at 11:11
MY SISTER HAS REGISTERED A FIR U/S 498-A, 323, 506, 406 IPC ON 25/07/2012 AGAINST HER HUSBAND AND MOTHER IN LAW ONLY AND BOTH OF THEM HIRED A SENIOR ADVOCATE IN HIGH COURT AND SECURED INTERIM BAIL AFTER REJECTION FROM SESSION AND HIGH COURT JUDJE DIVERTED THE CASE TO MEDIATION CENTER STATING THAT SHE LEFT HOME AFTER SOME MISUNDERSTANDING AND THE ALLEGATIONS ARE NOT OF SERIOUS NATURE. SHE WAS 7 MONTH PREGNANT WHEN ASSAULTED BY HER IN LAWS AND THROWN OUT OF HER MATRIMONIAL HOUSE FOR THE WANT OF DOWRY AND IS HAVING A 2 YRS OLD MALE CHILD TO SUPPORT AND RECOVERING FROM SEVERE MENTAL AND PHYSICAL TORTURE SUPPORTED BY MEDICAL EVIDENCES, AND WAS TOLERATING FOR THE LAST 3 YRS...AND HER ALLEGATIONS WERE FOUND TO BE VERY SPECIFIC AND OF VERY SERIOUS NATURE BY THE SESSION JUDGE WHILE REJECTING THE BAIL PLEA. SHE REJECTED THE OFFER MADE BY HER HUSBAND TO COME BACK TO MATRIMONIAL HOUSE IN MEDIATION CENTER. MEDIATION CENTER TOLD HER TO SEEK COMPENSATION IF SHE IS NOT INTERESTED IN CARRYING THIS RELATIONSHIP ANY MORE AND FIXED ANOTHER DATE FOR THE SAME. HER HUSBAND TOOK PLEA OF THE SAME IN HIGH COURT HEARING FOR BAIL PLEA THAT HIS CASE IS IN MEDIATION CENTER SO BAIL BE GRANTED. DATE FOR ARGUMENTATION ON BAIL IS FIXED GIVING 1 MONTH MORE TIME TO HER IN LAWS. NO ARREST EVER MADE IN THIS CASE. NO SIGNIFICANT RECOVERY OF DOWRY ARTICLES MADE SO FAR. KINDLY SUGGEST'-
1. IF ITS NORMAL TO GRANT INTERIM BAIL TO A HUSBAND OR/ AND MOTHER IN LAW.
2. WHAT ARE THE CHANCES OF REJECTION OF BAIL AT HIGH COURT OF MOTHER IN LAW AND HUSBAND.
3. SHOULD SHE TAKE A LUMSUM AMOUNT IF HER HUSBAND OFFERS (WHICH HAS NOT BEEN DONE SO FAR)OR FIGHT THE CASE IN COURT WHATEVER IS THE RESULT.
THANX
Pooja Bhalla
08 August 2012 at 10:59
Dear Sir
If my husband files divorce on grounds of mental cruelty and I file DV after that does it make my DV case weak if I hv all needed evidences of violence with me pls advise
SANDEEP KUMAR
08 August 2012 at 07:32
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Mehak pillai
08 August 2012 at 03:34
Dear Experts,
Need your help on the following matter
Thanks
Charu
das b m
08 August 2012 at 01:18
Marriage took place in 1997. Differences arouse due to false declaration of qualification and age by the wife side at the time of marriage talks. Two male children (now 10 & 12 years old). Husband(employee) purchased properties and constructed house in the name of wife (housewife)in 2000 & 2007. Still wife filed DVC (maintenance granted) & 498a in 2008 against husband & mother-in-law (both acquitted). Husband was put in jail for 15 days and got suspended from service for 6months. He filed for Divorce (dismissed by lower court, going to appeal in High court).
1)What are the parameters for fixing the maintenance from a salaried husband by the court?
2)Does the court take the Gross salary or Net salary into account for calculation?
3)Can the husband claim back,(with documentary proofs), the property kept in the name of wife?
4)For how long the maintenance for the male children is to be paid?
5)Wife is having 30 lakhs worth properties in her name (house & site)in her possession and earning rents. Can the husband approach the court for stopping the maintenance to the wife?
6)Why doesn't the court grant divorce to the husbands who are facing a lot of harassment from the wives?
7)Court directs the husband to pay maintenance, but doesn’t direct the wife to give basic service to the husband. From where can the husband get the service?
Kindly Answer
SANDEEP KUMAR
07 August 2012 at 22:57
1, Please explain what is the difference between 'prompt mehar' and 'deferred mehar' in muslims.
2. If in a case in one document 'prompt mehar' of rupees 30,000/- is written and in the same case in other document it is written that 'prompt mehar' is rupees 10,000/- and 'deferred mehar' is rupees 20,000/-, it may be explained which one would prevail and what are the repurcussions.
SANDEEP KUMAR
07 August 2012 at 22:49
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a k pandey
07 August 2012 at 21:22
Can ex-partee decree in sec.9 h.m.a. be applied to set-aside the decision after 2 years of decree though it has been accepted that respondent has knowledge of said decree.
What is the limitation period for ex-partee decree in sec.9 h.m.a.
Member (Account Deleted)
07 August 2012 at 18:57
What is ex-parte divorce?
1.If wife not coming on divorce dates after how many notices/warrant/summons court will give divorce?
2.After how many days Husband can go for marriage after exparte decree?
3.What is drawbacks/benefits of exparte?
Regards
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Ancestral property
sir,
There is a partyA(died), she was a Govt employee. Govt allotted some land to her and she paid all amount to Govt. She has two sons PartyB and Partyc.
Before PartyA died she made a will on the plain papper with a revenue stamp signature across it stating that after her death her property should be given to childrens
of partyB and partyc. They both together have 7 childrens.
Govt made a registered sale deed document on the name of PartyC and wife of partyB(as party B and partA died). Not sure why Govt registered on her sons and not on grand daughters according to her will
Now at present childrens of Partyc are married.
Partyc and wife of PartyB had a registered partition deed among themselves without including their childrens.
partyc constructed a building after having the partition and i was unaware of the will and i purchased ground floor by having registered sale deed.
Now after 2 years PartC daughters approached court for their share as her grand mother had left will on their name. PartyC daughetrs are claiming the partition deed
between Partyc and wife of partyB is not correct as they are not included in partion according to their grand mother's will.
PartyC daughters has not included me in the court suit.
As they have approached court for their share and we have purchase based on the Govt sale deed to partC and wife of party B and partition deed between them, what implication could happen to us.
What are the measures we need to take. Can court dismiss the partition deed between PartC and wife of PartB.
Please provide your suggestions as i am confused as what i need to do in this scenario.