pawan
06 June 2012 at 10:08
respectable experts.i had filed rcr 1.5 years back 'in return get sec 24 & dv .provide maintaince in sec 24 for 1 year.two kids(8 and 2.3 years).both parties had withdraw cases on 31 may 2012 after a compromise.but even after wife not returned back.i came to know that she had given a written complaint in p.st. on 25 /5/2012 against all my family members for harrasment.now they want something in written at p.st.i explained to I.O.everything & said we get compromised at court on 31/5/12 so this complaint is no more sustainable but IO is pressurising for written agreement at p.st.what should i do? how should procced?????thanks
Raman
05 June 2012 at 21:18
Dear Sir,
My cousin is qualified doctor and married to doctor girl and is living in Joint family with his father and younger brother in Delhi.After few years of marriage his wife left the matrimonial home and thereafter she served legal notice and demanded huge gold and cash from him and threatened to implicate in false cases.My cousin filed the anticipatory bail on the basis of the legal notice. The police gave clean chit as there was no FIR was lodged against him.The Session court treated the application as Infructuous.My cousin later file the application for restitution before District Court.When the matter was pending his wife started harrssing him through mediation center who served various notices to whom again he replied them satisfactorily.Finally District Court directed her to join him and he withdraw the Application..The behvaior of his wife during stay became more aggressive she stated making false allegations on him and his family and called Local area of women cell which too didn't find any merits of her allegations and she again left the matrimonial homeand after 8 months she came back and made certain demands which my cousin refused to comply.She then approach to the home town police cell at Haryana.The Haryana Police contacted him on Telephone and he explained the whole situation and the police too apparently convince with his version And Now my cousin has served her the legal Notice for Mutual Divorce
Now I have the following queries
1 whether she can file the Police complaint under 498-A in her home town at Haryana .My cousin Matrimonial home is located in Delhi and he never visted her home town after marriaage?
2 If he files case for divorce( not by Mutual Consent), whether his wife can file case u/s 498-A when the matter will pending before the Courts?
3 His wife is making invariable stands and wants to implicate him and his family in false case of dowry harssement, Whether moving any sort of writ petition before High Court will going to help as he and his family lives under constant fear of being implicated u/s 498-A and his wife without any regret is openly misusing the law?
Thanking you
galsober@yahoo.co.in
05 June 2012 at 18:37
I am fighting divorce case against wife at Distt Judge court (cruelty ground). Next date is for my side evidence. Wife tendered false criminal complaints against me & family members (498a etc), her complaint died at CAW cell only. I have RTI copies of her complaint as well as CAW closure report. Other relevant applications against me, inquiry reports by various police officers are with me via RTI. In my petition I have mentioned & attached these copies already. These documentary evidence may help me much down the lane. Queries
1) In the forthcoming “petitioner’s evidence” date, should I summon the records officially by applying in the court+ depositing fee etc. OR certified copies lying with me are sufficient. Which document is considered evidence “legally” in such a scene? This record is spread over 3-4 police offices in different districts…………. moreover it will delay the process. So I want record summoning step only if ABSOLUTELY NECESSARY.
Some documents are not throu RTI, these are photo-copies (receipt-copy)
2) Lawyer advised my father + mother’s evidence too. In Sec 13 ia, does it count if parents state that the wife misbehaved with them too? Events of cruel behavior happened within 4 walls of the house only. If my parents make statement, doesn’t the court considers it that they are ‘interested-witness’?
I want to drag both aged fellows ONLY IF IT HELPS ME IN SOME WAY.
3) 1-2 friends of mine are ready to give evidence against the wife in witness box too……but as usual they are scared about courts lengthy procedures, cant spare time frequently for me+ do not want their job to be jeopardized. I also want them to be in comfort if they are standing by me. If they give evidence from my side, how much they have to bother in court-proceedings, how many minimum-maximum visits are required normally for such witness?
Thanx in advance.
Member (Account Deleted)
05 June 2012 at 18:23
Hi all ,
In followup to my earlier query :
http://www.lawyersclubindia.com/experts/Passport-and-visa-for-minor-308261.asp
i am living seperately from my husband for the past 4 years. we are yet to be divorsed.we are not in touch with each other.
i want to know if i can apply for passport for my child and take her abroad with me
should i take divorce from my husband before doing this ?
is there a way to come out of this , so that i can travel abroad for work purposes along with my child
M. SREENIVASA RAO
05 June 2012 at 16:57
Dear Sir,
We are two children to our parents one is myself and another my brother. Both of us are married and having children. My mother expired on 23.01.2012. My father acquired few properties on his own(not ancestral) and they are in my mother's name. Can my father execute sale deeds(if he wants to sell them) without the intervention of children and can he execute registered will or probate(to be executed after his demise) specifying division of properties between us. If yes the will/probate proforma may please be given along with details such as stamp paper value for the will/probate and the likely stamp duty for registering the document in the state of Andhra Pradesh.
Thanking you,
M.V.NAGALAKSHMI
Saayujyaa S
05 June 2012 at 13:26
Dear Expert,
Please clarify, after separation husband and wife. we are not living together now. we ere separated more than 1 year.
Now i am getting threat of launching false complaint against me. is it possible to launch any Domestic Violence case against me even more than 1 year of separation?
Sameer12345
05 June 2012 at 09:04
Respected Experts
Here is the brief facts:
1) Husband and Wife both are not legally divorcee at the time of marriage
2) Husband has dissolved his first marriage on stamp paper and wife has also dissolved her first marriage on stamp paper.
3) Both the parties are not aware that stamp paper divorce is not valid divorce so their first marriage is still sustaining.
4) Currently Husban and wife are not in talking terms in any ways since last 1 and half year. ( Not living together)
5) Husband want to draft petition and seeking declaration second marriage as void marriage under section 11.
Please experts help me.
How should I seek void marriage declaration as I am also at fault of being laymen at the time of marriage?
Note: Second wife may or may not aware that her first marriage is sustaining. Because of Dispute, She is planning to file dowry, DV, CRPC 125. She has given written application to NGO lady But The lady of NGO has not kept the application on record and trying for compromise.
Thank you
Survivor
04 June 2012 at 23:48
Hi Guys,
Please give some light on below:
Is there any provision through which any wife can demand for husband's Parents own property (property which is totally on Parents name).
second doubt is:
If they have a minor child (son), then is there any possibility that she can ask husband's Parents property on behalf of grandson.
rsraghukumar
04 June 2012 at 18:46
sir when divorce petition is in pedning, husand or wife re-marry another person, will that second marriage is void or valid marriage in the eye of the law.
Sir a couple of days back i came to know through sources that Delhi High Court passed recently a judgment with regard to void marriage when first marriage divorce petition is in pending married for second time.
please suggest that date or name of the citation or supreme court citation with regard to this. that is when divorce petition is in pending, man or wife if marries second time, that second marriage is void under law.
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Trasfer of case u/s 408 crp.c
A peculiar situation is before me. A, a wife, has filed a 125 CrPC petition against husband B in Family Court at Saket, Delhi. She also filed another petition under dv act before MM Court, saket, delhi claiming relief u/s 18,19,20,22 of the dv act. In the both the petitions the facts constituting the cause of action are "ditto" para wise same. Even the Annexures are ditto same. Can i move a transfer petition to Sessions Court, Saket on behalf of husband for transfer of dv act case to from MM court saket to family court, saket as the Pleadings as well as Annexures/documents in both the cases are same to avoid multiplicity of recording of same evidence. Both the proceedings are between same parties. ALSO THE FAMILY COURT HAS JURISDICTION TO GRANT RELIEF UNDER 18,19,20,22 OF THE dv ACT AS PER SECTION 26 OF DV ACT.