false_case_victim
21 April 2012 at 00:16
Respected Lawyers,
Here is a very small case-history:
The respondents of a DVC case got a Interim stay order in HC. The petition is filed on the section 482 of Cr.P.C.
It is CRL.P.MP. No. XXXX IN Criminal Petition No. XXXX
If the Stay request petition in the DVC case is of criminal petition type, then
1)Is there any necessity for the respondents/Accused to file a seperate Quash petition for the 498a FIR?
or
2) Will this stay petition of DVC proceedings be applicable to 498a case also as the 498a complaint and DVC petition contents are more/less similar.
shekar hkes
21 April 2012 at 00:06
Dear Members
My wife left home on 15-03-2011 and i had filed divorce case on june 2011 and after that my wife filed maintance case and now she again filed Domestic voilence case on 27-03-2012. my queri is DV case is maintable and can she file case for 498 on me plz help on the above issue (what is the time limit to file the DV and 498 cases)
VARUN MAHAJAN
20 April 2012 at 22:34
if a boy wants to marry the girl nd the girl is also ready but due to her father the marriage is not getting solmnised with consent.
but the boy is asking that if they now get married in court and after some time girl refuses to be that the marrige was not with her eill..
than in that case what will be done bad with that boy
G.Padmanabhan
20 April 2012 at 20:45
Would our experts assist me with drafting relief portion of a petition for judicial separation (on the ground of cruelty) under Hindu Marriage Act.
Ashwani
20 April 2012 at 16:00
Hi,
My brothers married life is only 2 months old the attitude of his wife is not well with him and my family. My brother as well as family trying to make her calm & cooperate but her attitude is just like she is the boss of house & family even her parents supporting him in her activities. She told to my brother that he is weak to give her pleasure & her parents supporting her even in this condition also. According to my brother he well regarding this he also done his medical tests which shown he is normal. His wife and parents threatning us that they murdered my brother and family even girl also threatning to my brother and told him that she never give divorce and her family also not interested in divorce. Her father told that the life of their daughter gone so that we also have to suffer.
So kindly advise how to handle this situation as we are in great tension.
ANIL
20 April 2012 at 15:16
In a petition filed under Hindu Marriage act can a counter claim be filed for maintenance under Hindu Adoption and maintenance act?
Arvind Singh Chauhan
20 April 2012 at 14:25
Sir,
One of my client belongs to Schedule tribes. He and his wife requires divorce and one time settlement. This time wife and minor child is getting Rs 2000/- pm as maintenance under 125 Cr.P.C. Now wife is agreed to receive Rs 5 lac as full and final settlement.
Now both wants divorce.
My problem is -
1. whether I must file petition under Hindu Marriage Act on ground of mutual consent ? another thing is that under Sec 2 Of HM Act tribes are excluded from HM Act.?
2. Or I must file a civil declaratory suit for annulment of marriage under CPC.
3. Or They should follow their custom. In their custom, before the Panchayat, after some religious activities one green thread is broken for divorce. It is well known fact that customs prevails over law. But I want to safeguard my client from every angle as he has to pay huge amount ?.
3. In future can wife claim maintenance for child if she receives life time maintenance for her child also ?
4. Even after divorce, Order of 125 stands at the same footing, as wife is entitled even after divorce or till remarriage. Whether this order can be cancelled or altered under 127 Cr.P.C. after full and final payment ?
Please Sir, keeping in mind the precedents if any, suggest the safe and proper way for husband.
SURENDER
20 April 2012 at 12:58
I got married in 2001 n having daughter aged 8 yrs. Unfortunately, I lost my wife due to kidney failure in 2006. After disclosing above fact second marriage was solemnized in 2008 in very simple manner at Hindu Mahasabha Bhawan, New Delhi without any kind of dowry articles, even marriage exp. were borne myself. After passing 3 months cruelty towards my daughter was noticed. All out efforts resulted no change. Meanwhile, second wife's friend who is wrkg in some NGO supported her to file false complaints against me. One day when I was in my office she left the office after filing a complaint at local PS containing allegations :concealment of previous marriage n child, dowry demand, beating & harassment etc. Next day when she reached her parental home, filed complaint at Women Commission, Dehradun. Her sister also filed a complaint against me alleging the same offences. After attending the counselling at WC I came to know that she done marriage n these acts just to collect money n prop. Keeping in view of her bad intention I filed divorce petition at Delhi. In response to above she filed petition u/s 125 CrPC at Dehradun. Later on, she filed tfr petition in Supreme Court seeking tfr of Divorce case from Delhi to Dehradun on the basis of same allegations. Case was represented n appropriate evidence were filed by me in SC and her petition got dismissed. Further, she filed petition for interim maintenance at Dehradun Court n also application u/s 24 of HMA at Delhi. Without considering the facts & evidences the Family Court, Dehradun passed an order directing to pay Rs.5000/- p.m. as interim maint. to her. I came to know that it happened just on the basis of tears shown in court. It is surprising to see that I have not done anything wrong, however, I am being considered an ATM machine. It is requested to kindly guide me what wd b the way to teach lesson to persons like my wife n her friend, who r humaliating, harassing me by misusing the laws made for welfare of womens? What r the legal options available for me?
binod chouwdary
20 April 2012 at 10:04
wife obtained an exparte divorce from USA althoug citizen of India.Having two children one is already married other an adult.
In that situation what does the indian law provide with matters pertaining to immovable and movable properties purchased while the marriage was intact and going good.
please experts provide all the details including any book/books to refer to.
Really appreciate the great advise and knowledge you provide to the public who are suffering because of lack of clarity.
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