Justacommonman
15 May 2012 at 12:48
Hi,
I got married last month and I want to get my marriage certificate in place. I've been residing in Ghaziabad region of UP for the past 7-8 months at my own home. My wife is a resident of Delhi. Our marriage happened in Delhi Mayur Vihar region.
My query to the experts is - when I want to get my marriage registered and for the marriage certificate - should I apply for the same in UP, Ghaziabad or Delhi, East Delhi region?
Thanks & Regards
Sandeep
vickydonor
15 May 2012 at 11:54
Me and my wife were living seperate from parents in a rented house in different city from my parents.Due to strained relations,my wife planning to file a DV case against me and my family..i have below query
(a) Is court empowered to restraint me and family members to alienate our properties(land in my name etc)/ creating third party interest or is it only when order of maintenance is passed and the same is not obeyed and as a consequence court restraints selling of property?
(b)If no order passed by court in the interim stage regarding restraint on properties, can they be sold or will the matter be anyhow treated as subjudice by future buyer of said property?
rsraghukumar
14 May 2012 at 19:33
sir
i filed op to declare my marriage as null and void on the grounds that the girl was already married.
sir first husband filed a suit along IA for injunction for stopping second marriage.
lower court granted injunction against her father and her to stop marriage until further orders.
but the girl and her father refused those orders and contacted second marriage with me.
i obtained certified copies of those injunction orders. i found endorsement on those injunction orders clearly that girl and father refused. it was written by court employee regarding their refusal.
the injunction was granted in Jan month of 2007. my OP jugdgment came in the Montho of Jan 2012. in my OP judgment Court made its findings by stating that girl and her father refused those orders and performed the second marriage.
sir now i want to file contempt of court on girl and on her father. what is the procedure? is there any time limit to file contempt of court as it was granted in the year 2007 and now i want to file contempt of court case as now i got official one order from court regarding the refusual of injunction orders.
rajiv_lodha
14 May 2012 at 18:44
I applied for divorce on cruelty grounds 2 years ago. Due to court delays & excess time in mediation, case moved at very slow pace. Now its due for petitioners’ evidence. I have a few questions.
After submission of divorce petition, wife never stopped her cruelty as
* She abandoned the minor child at my workplace, which I immediately informed to the police via daily-entry. I kept the child as she never wanted to take it (in DV case she stated that husband has snatched the child, but no proof with her)
* She put false 498a+406 upon me, but FIR was not recommended, even re-enquiry was done on her demand; but it also cud not bear fruit 2nd time. I have both CAW cell closure reports via RTI.
* She launched false DV also, interim orders lie in my favour, case still on.
* Trespassed into parents’ house depite of denial of residential rights in interim DV orders, she stands summoned for CRIMINAL TRASSPASS in MM court in a different complaint case (from parents). This matter still sub-judice.
Now I want to ask
1) These ongoing cruelties are done after my divorce petition but before my ‘evidence stage’. Whether these cruelties will be counted if I want to take them on record in my statement which is due?
2) During my ‘evidence’ date, is it so that petitioner repeats all his original draft line by line or something more is allowed?
3) At this stage, can the petitioner bring forth relevant documents which help to prove cruelty or he has to stick to events mentioned in his original petition? How much is the elbow space usually?
Sultan
14 May 2012 at 18:32
1. DV Case against me is subjudice in Court for more than a year. Its remote town.
2. Meanwhile I have filed complaints against illegal activities of my inlaws , after my complaints various Govt. Officers have taken action on them.
3. DV case is at my wife's Cross Stage, in last date the examination chief was just about to begin the wife's Adv. interrupted and started arguing that I am misusing RTI Act 2005, I am harassing the whole Family of my wife by filing false complaints to various govt authorities, her adv than asked court time to file Affidavit & my complaints in court,
On that my adv. told me let him file documents and then will check it out and include in our cross examination, my adv. told if today we cross at later stage we cannot cross on documents filed by her advocate so better we wait for it.
Hence Court was adjourned and next date they are going to file complaint and Affidavit.
Some Background:
1. My wife doesn't stay with her parents she stay 25 kms away from there residence.
2. All my complaints pertains to place A (commercial property of my in laws & others)
3. On my complaints Govt. dept. have taken actions.
Query:
1.Complain against illegal acts of my in laws does have any connection with DV case.
2. In my view this is leading to waste of Court time and misguide.
3. Can those complaint be produced in court.
4. Can those complaint be marked as exhibit.
5. I have two citation on Right to complaint :
Any person acquainted with facts may make complaint whether he is aggrieved/dissatisfied or not
except where the code makes special provision for making complaint.( Gajraj v. Emperor, 37 Cr LJ
56 :AIR 1935 ALL 938; see also M.M. Maternity etc. Const. Committte v. Raj Muthu,
1978 Cr LJ 1360.)
Further, complaint may be filed even by person who has not a personal knowledge
of the facts stated in complaint.(Suresh Chandra Dev v. Emperor, AIR 1920 Pat 163.)
6. Does court have right to consider my complaints against my in laws technically. since proceedings under DV Act is in progress.
7. What arguments to put forward in order to avoid further delays in proceedings.
8. Citations/ Judgements/ inputs welcome & appreciated. Thankyou.
jasvinder
14 May 2012 at 13:28
my friend wife filed divorce on ground of desertion and my friend also not want to live with her,if he will not appear in court can ex party divorce be given by court and what else court may award to his wife as she prayed only divorce.they have a child who is with her wife.can such ex party divorce can be challenged set a side after some time.
kishore
14 May 2012 at 11:24
sir i(28years) and my gf(24 years) are in love since 1 year we are planning to do LOVE MARRIAGE...next sir even i asked my gf parents abut my marriage they are not accepting...so my gf wanna marry me...she is ready to come out from her home..... what are the preventive actions do i need to take to prevent any legal/illegal dispute from her family end..sir even my gf saying she will written letter and give it to me...tat i have cameout of home with her own intrest..Means whom do we need to approach first (police with written application or Court for protection)...sir can any body can draft good letter so tat i will get tat matter from her.....sir even if their parents shouts/actions on me but they should not to threat to my parents....plzz sior any body can help drafting letter format...
jaya
14 May 2012 at 11:22
Dear respected seniors,the petitioner wife in crpc 125 rejected orally to give the passport size photos of her & her child for family health cards given by govt to its employees welfare in front of the fc judge.and also rejecting visitation of the child by his father with personal grudge.please provide the provision for the photos of son & visitation rights in same case.please give the sample format of application if possible.
rsraghukumar
14 May 2012 at 06:59
sir
i filed null and void case to declare my marriage as null and void as girls first marriage is still in subsisting.
girl filed counter for my case by stating that there is no first marriage,she never married any body prior to this marriage. and in that counter she never raised the issue like there is no photographer or priest or eyewitness of first marriage (BUT NOW ASKING IN APPEAL)but she simply denied the marriage by saying first husband as stranger.
first husand band also filed Suit to declare my marriage as null and void.
there also girl filed counter by stating that there is no marriage between him and herself. but in this counter also she never raised the issue like there is no photographer or priest or eyewitness of first marriage.
i called first husband in my case as witness, he came his evidence. at the time of cross examination the girls counsel did not questioned any issue like who is photographer and his details, who is priest and his details, and who are the witnesses who are appearing in the marriage group photo and thier details. he just asked one question that there is no marriage between first husband and the girl.
first husband also face cross examination in his suit filed by him. there also the girls lawer was silent about photographer, priest, eyewitness of the marriage.
at the last stage of proceedings in the Suit filed by first husband, they filed written arguments and in that they raised about photogpher was not examined , priest was not examined, eyewitness were not examined etc.
sir when the gril is silent at the time of cross examination about those issues can she file the same in written arguments? if yes she can file means how can it possible to cross examine them after all stages are over in the suit proceedings.
more over the girls in both the cases that is in OP and Suit she was avoided to enter into witness box.
now in the appeal in my OP she is asking that there is no Saptapadi in first marriage by taking new plea. can they take new plea about saptapadi here in appeal sir?
can girl can take pleas in wirtten arugments about photographer, priest, eyewitness in written arugments when they are silent in cross examination? under what section they took this plea in written arugments? is it maintainable or not?
moreover girl has not filed any chief affidavit or entered into witness box.
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Amount of maintenance
Sir
This is with regards to CRPC 125 which my wife has filled on me. I have a child age 5 who is with my wife staying at their parents place since 18 months and dosent want to comeback. We tried all ways but all in vain. I want to know i have a EMI of 7000/- towards home loan which i had availed 2 years back for 1RK flat which is under construction. My salary is 27000 and i intend to contribute toward EPF from this month. Let me know that will my Loan EMI and contribution towards EPF will be deducted while calcuation of my salary and giving maintanence. Thanks for your reply