rsraghukumar
09 April 2012 at 07:53
sir
i filed op to declare my marriage as null and void as the girl was already married which is still in subsistence.
when i filed OP, she filed a counter that no first marriage has taken place. she just denyied her first marriage.
when my side evidence was closed. her side evidence started, she did not filed chief affidavit instead she filed a Memo that their is NO EVIDENCE from her side. and did not entered into witness box.
after judgment in pronounced in OP, she prefered an appeal on the following grounds:
a) order 6 of cpc is applicable to OP as material facts are lacking in OP. what are the lacking points she did not mentioned in appeal.
b) she took another ground that section 10 of cpc is applicable as OP judgment is pronounced before pronouncement of os judgment. (sir but both OP and OS jugments are pronounced on the same day. she misled the court and took the interim suspension of the order)
sir my doubt is when she filed a memo stating that there is NO EVIDENCE from her side, how can she prefer an appeal . i know that there is right to appeal is there. but in this case, the first ground she did not expressed in her counter in OP and filed any chief affidavit and entered into witness box to say the same thing. this is after thought na sir. will appeal will be dismissed on these two grounds sir.
john
09 April 2012 at 04:00
my wife has told that she is not sexually satisfied with me in 13 days of marriage and has filed the case on me. how can i prove Iam not.
wifebetrayed
09 April 2012 at 00:17
wife earlier filed divorce petion and 498a mentiong dowry harrasment and impotency of husband. As per her husband has hidden the fact he was impotent.
husband has shown williness to undergo required and ask for test of wife.
now wife has filed amend petition saying due to fact her lawyer was male she did was not able to share exact fact with him. Also since she was under stress, she did not read divoce petion clearly.
Now she state that due to dowry demand not met, sexual relationship bw couple failed and it has caused mental and physical cruelty to her. therefore divoce and 498a is vaild .
how can husband disapprove these charge, there can be no prove apart from medical test of what happen in behind the four wall.
only thing husband can prove or may attempt to prove is how well she was kept at husband house.
ankita slot
08 April 2012 at 21:05
my husband had got an ex party-divorce order against me then after i filed set aside application and my husband was know that i have taken legal action against him and i also inform him that i have filed the application in family court all our conversation is recorded in my cellphone and he does second marriage with another girl now his divorce petition is restored in family court by the consent order of Hon'ble high court plz tell me now can i take legal action against my husband and his second wife in between i lost my job due to absenteeism for attending court proceeding in high court i m only 10th pass and i have documentary proof that he earn minimum 2 corer yearly can i get monthly maintenance and accommodation from my husband plz guide me i have attached the order copy of high court
ankita slot
08 April 2012 at 20:25
my husband had got an ex party-divorce order against me then after i filed set aside application and my husband was know that i have taken legal action against him and i also inform him that i have filed the application in family court all our conversation is recorded in my cellphone and he does second marriage with another girl now his divorce petition is restored in family court by the consent order of Hon'ble high court plz tell me now can i take legal action against my husband and his second wife in between i lost my job due to absenteeism for attending court proceeding in high court i m only 10th pass and i have documentary proof that he earn minimum 2 corer yearly can i get monthly maintenance and accommodation from my husband plz guide me
false_case_victim
08 April 2012 at 18:05
There are 498a and DVC cases on the husband. The two cases are based on the illegal affairs of the husband and wife is having the video proofs and emails as evidences. With this evidences she created some other false stories and filed the cases on the husband. Request your valuable points on How to defend this kind of cases in Criminal and DVC courts? Husband tried for settlement fewer times but the wife is not interested to compromise. Can Husband try for a divorce as the desertion is more than a year now or RCR is better? please suggest how can this be settled?
Gaurav
08 April 2012 at 16:50
Dear Experts,
Wife filed 498a, Maintenance & DV. On Maintenance first date, Judge referred us to Mediation. In Mediation dates, wife family want me to take her back else they will continue these cases and use as tool against me. I am not willing to take her back.
Wife/her family/her Lawyer told Mediator that they do not want to talk and show mediation as failed and send back the case to Court. I shown my willingness to talk and settle things in an amicable way. She also missed two mediation dates by giving medical and saying her lawyer is not there.
Mediator finally said that he will send back the case as Petitioner not willing to talk.
She is a post graduate. She was working before and after marriage, stopped post daughter. Daughter is 2 yr old.
Q. Does this stand taken by wife is to make their case stronger to ask for interim maintenance?
Q. Anything i should be ready/careful with before appearing for my upcoming maintenance date in mid April?
samuel singh
08 April 2012 at 15:15
upto what stage a women is entitled to maintenance in liv in rlns.upto remarriage or death.
thanks
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