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sunil sunil   17 July 2012 at 08:13

Dv - what to do

My wife has filed a DV case that is an exact copy-paste of my 498a after more than a year of separation. She has named my parents also who never stayed with her except on one short trip abroad to the UK.

I have strong evidence of her allegations being false and her committing perjury. 498a is still at FIR stage.

I am considering the following options:

1. File for dismissal of the DV case against my parents. There are some allegations that they demanded dowry over phone from India to the UK.
2. File for perjury since DV is under affidavit. Will perjury under DV force resolution of 498a faster since the text is identical?
3. File for dismissal for all of us since it is more than a year of separation

Please advise. She has only asked for basic restraining orders and not filed for maintenance or residence rights in this case.

S.B.adil rahman   17 July 2012 at 07:51

Draft of petition under d.v.act

May I request the Hon'ble members to provide sample of petition which is filed before a Magistrate by the victims in the cases of Domestic Violence Act?

Chikka Geek   17 July 2012 at 01:37

What can be done

One of my relative (Girl - Hindu) married a year ago and she was living with her husband since then till recent weeks. She came back to parents saying there was no relationship developed between her and her husband in any way, He did not even touched her (He does not have any other relationship also). She said she tried and asked him many time but he was very unresponsive (even now also) and postponing every time (Looks like he is having problem) , He does not talk to anyone and very irresponsible but he works in private company. Also his parents support him knowingly he is doing wrong. Now Girl says she is not at all interested. Every one in her family are so upset and try to talk to Her husband and his Family but they seems to be very happy since she left and they getting ready for divorce and responding irresponsibly. Question here is :
The Girl and Her Family wants to punish him and his family because they spoiled her life for nothing . What action they could take and to whom they can complain , Can she go for compensation (She is educated and she works for their family business)?

Shivam   16 July 2012 at 22:26

Govt officer sapinda marriage

Dear Sir,


I am a govt. employee. I have been married to my father’s brother’s daughter i.e. my cousin and we are happily living for the last 7 years. We are having a son and are happily living. Now through some blog I came to know that my marriage is invalid/illegal. I wanted to know whether this is a criminal offence and if yes or no whether it may have any impact on my job. I may add here that our parents have had no problem.

1 Whether there is any threat to my present job.
2 Can I be suspended on this ground.
3 I have been preparing for IAS and have cleared IAS mains. Will I be not eligible as my marriage is not valid as per UPSC requirements, if selected.
4 Will I have to convert my religion to Christianity and if yes, will it be from the back date i.e. 7 years ago.
5 I want to make it to the IAS, please suggest some remedy so that my marriage does not create any problem for me.
6 What if I have availed facilities permissible to family i.e. wife and child by Government meant for Govt. employees.
7 Should I marry afresh with my wife.
8 PERMANENT SOLUTION SO THAT MY MARRIAGE HAVE NO EFFECT ON MY GOVT. JOB EITHER PRESENT OR FUTURE IAS.

manoj   16 July 2012 at 20:53

Coparcenary

Is there any option if son not born nor adopted by X can form his coparcenary in Hindu undivided family ?


is there any supreme court judgement on this coparcenary point

Thanks
Manoj

debleena basu dhar   16 July 2012 at 20:29

Deserted in live in relationship

i want to know for 1 of my friend that a friend of mine was into a relationship since last 4 yrs and then she started staying in live in with her partner and stayed for two years assuming that the person will marry her. Both the persons are adult and though my friend asked her partner to get legally married but the boy said no and then they got married in temple. a very simple marriage in presence of few friends but not registered. My first question is this marriage a valid one? They had intimate relation after marriage. My friend was serious but the boy ditched her as the my friend was intercaste and the boy never told his parents about the relation.My friend is very worried as this boy has emotionally, financially and physically used her under the impression that he will marry my friend. Now how to register a complain against this boy and under which sections? Kindly suggest.

Sanjeev Dudhat   16 July 2012 at 16:47

Divorce proceedings to be initiated in massachusetts, usa

I need a reference of lawyer who can initiate and pursue divorce petition of a marriage solemnized in India under Hindu Marriage Act. The couple is presently stationed in Massachusetts, USA and are Green card holders there.

radha raman karmakar   16 July 2012 at 14:40

U/s 18 of hindu adoptions and maintenance act 1956 (maintenance of wife )

Honoruble advocates & others


After proving of mental disorder of wife, is there any way to demand maintenance from her husband? what the interpetition of wife as per law?


Thanking you
Radharaman karmakar(Adv.)

venkat   16 July 2012 at 13:15

Threatens from my wife family

Dear Respected sirs,

My wife left my house in the month of october 2011, Intially i tried to bring her back to which she had refused and now after 8-9 months she wants to come to me. I am refusing her due to the past experiance of her sucide and her parents behavior towards me. Now they are threating me that they will barge into my house by breaking the lock and will force me to continue relationship. My quries are
1. can i apply for divorce even if she is staying me.
2. I fear that she may enact a sucide drama as she had done in past, is there any way to protect my self.
3. Her parents are very arrogant and only belive in force rather than love in family, shall i get any protection from her parents.

PLease adivse me.. past 8 months i am going through hell from this mental tensions.

ABHISHEK TIWARI   16 July 2012 at 12:44

Marriage

Dear Sir

Its urgent kindly advice , i have done marriage as per special marriage act in bengal in june and as per hindu customs in uttar pradesh in july . Girls family were not present in both the ceremonies as they were against our relations . Now they got agreed and want to do marriage in their customs in bengal again and want to give reception party too .
So, plz suggest is it legal to marry the same person twice on different days as per hindu customs and the indian law.
Or should I just say no to girls family .
KINDLY ADVICE ON THE ISSUE