Gulfam
12 May 2012 at 12:03
I have enough evidence to prove my innocence.
1. Letter written by her before leaving home.
2. Call conversation recording.
3. Proof of presence in organization of the day she mentioned in her FIR.
4. Speed post and Registry receipt of letter i sent her to call her back.
Plz guide me.
I am Muslim and marriage was according to Muslim Personal Law.
Arvind Singh Chauhan
12 May 2012 at 08:44
Sir,
In 125 trial, I raised objection in court that neither husband nor wife resides or resided within district.
My objection was dismissed as I could not prove that, wife is residing in another district. But during the hearing of application for interim maintenance, wife submitted some documents which shows she is residing in another district.
Whether issue of jurisdiction can be raised again at this stage ?
Shantanu Wavhal
12 May 2012 at 01:50
is a case-law of a particular state's HC (any HC all over India) binding on all the district courts (i.e. district court a in different state ?)
Shantanu Wavhal
12 May 2012 at 01:26
What does step 5 consist of ?
What is T.I. application ?
===========================================
http://court.mah.nic.in/courtweb/static_pages/casecycle.php
Case Cycle - Suits
1) Appearance
2) Ex. partee order (if respondent absent)
3) Written Statement/Say
4) No W.S./No Say Order (if WS/Say not filed by respondent)
5) Hearing on Exh 5 (T.I.Application)
6) (T.I.Application)
7) List of Documents
8) Issues
9) List of Witness
10) Evidence
11) Argument
12) Judgment
Mrunmai Deshpande
11 May 2012 at 19:18
Thanks for your reply which has given me lot of moral support, but Sir you have not said anything about child maintenance. If I am unable to work and earn, how can I give Child Maintenance? I give below my query again. Please help me in suggesting a suitable solution.
I am a person of 42 years of age and have a son and wife. Together, we stay with my parents in a flat owned (not inherited ) by then. Before pregnancy my wife was working and earning around Rs8000/-pm. I am currently suffering from paralysis of both the legs and writer’s cramp and so unable to work and earn. We are already a burden to my parents though they never complain about it and meet all the expenses of our joint family. My both the parents are retired and meet the expenses of our joint family through the pension they get and interest on Bank FDs. As I am unable to work and because of my disability my wife has deserted me and currently staying with her parents. My son is also with her. Her parents are well off. She is trying for a job there. She wants divorce from me. I am under tremendous pressure since I can’t earn. How can I give her alimony and child maintenance? Please help me in suggesting a suitable solution!
Rajendra Patel
11 May 2012 at 14:04
What is stridhan ?
Stridhan & Dowery both are same ?
when she claim for stridhan to return ?
when she claim for dowery to return ?
If dowery is not demanded but stridhan is present it's a crime in law ?
Adv. khojraj Dhanraj Nerkar
11 May 2012 at 13:13
what is the effect of partition of the Ancestral Property?
whether the status of the Ancestral property is changed to the self acquired property after partition?
In the ancestral property a coparcener dies no doubt devolution of the property is according to survivor ship i.e. property goes to surviving coparceners, but if there is partition of the Ancestral Property and the person dies intestate whether the devolution of property will be by survivor ship or succession?
umesh
11 May 2012 at 12:58
My sister got married in 2008. She has 2 yrs old daughter and staying with my parents since last 3 months.
Due to not giving dowry and giving birth to a female child her inlaws started harassing and mentally torture her. Her husband also became violent and tried to kill her many times.
Both the husband and wife want divorce now. I also want my sister to get divorce and restart her life with second marriage.
They have threatened us that if we file domestic violence case against them, they will not give divorce to her. So we are thinking to go for a mutual divorce and then go legally against husband and his family. Is it possible?
Once she gets divorce can we file FIR against her x-husband?
Gopalan
11 May 2012 at 12:52
Hi Experts,
I have been a silent observer of this site and I like the kind of advise given on this website. I am stuck with a problem in my ongoing case, hence I am posting my problem for you experts. Please be kind and revert.
I was a defence person, who had to leave the force because of being medically unfit for the service because of being amputated. Now I am working with a private company and at a good salary too.
This impacted my marital life as well. Due to amputation, my wife started resenting me. She has now filed multiple cases on me, including 498a, divorce on false grounds, DV, 125 and 24 HMA.
I have fought back, however the court disregarding my career and accomplishments, ordered 8,000/- per month to my wife in one of the maintenance cases.
I have also shifted to Bangalore whereas the cases are running in Delhi as the wife is staying with her father who is a bureaucrat in Delhi.
My lawyer has fought the case well till now. However, he wants me to come there on every hearing, which is becoming difficult because of financial and work reasons.
I don't want to pay even a single penny to the wife. My lawyer is also very supportive of my sentiments and has filed the revision in session court. But the Hon'ble Court has asked me to deposit the arrears in the court.
My only worry is that if I were to deposit the same in court, it would anyways go to her sooner or later.
Shall I continue with the revision or withdraw it?
Also, as the Challan is filed in court, shall I file for quash now? No other ground but mala-fide.
Also, one more thing, I have a doubt that my wife is working somewhere, how to prove it?
I would be grateful for your help.
Gopal
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Divorce
i was married to an engineer in korea .at the time of my marriage my husband was not divorced .we went to korea and my marriage was registered there.my husband was brutal to me .he used to beat me up and i hav the proof of it as well.two years back i came back from korea with my son . i never went back .
about 4 months back i started the case of maintainance .nobody till date has appeared in the court .insted he has sent me divorce papers from korea . i hav no idea wat to do .i hav no money to fight my case in korea. he wants my son . he has not even seen my son for last two years neither he has supported him .tell me wat to do.