Law Querier
28 March 2012 at 18:31
I am residing in India.My wife is residing in Canada (having Indian citizenship).She has filed a divorce petition in family court on the ground:mental cruelty during telephonic talks section 13(i)(ia).I don't agree for divorce.She has made power of attorney to his father to fight the case.I want to know that 1).Can she file 498a although she is living in Canada? or Her father can file 498a against me? 2).How mental cruelty during telephonic talks is valid in divorce case? 3).What is advisable for me, If I file restitution of Conjugal rights (RCR)against my wife as I don't agree for divorce?
girish
28 March 2012 at 18:05
sir please help
my wife went to her father home since from 2 years there is no case of divorce started but she is asking me a share in the property.
in a joint family i got 10 acres land by partition deed registered.
but my sisters asks their share in the court. they are not a part of the register deed of partition.
again we gone for compromise decree in court i got only 2 acres of land in the compromise deed.
now my wife can challenge the court decree?
i have 2 year old daughter.
whether my wife will get share in my property if she is not ready to take the custody of daughter?
Meghna Panchal
28 March 2012 at 15:47
Dear Sir,
I am also Practise as a advocate, but sir i am very confused in this case that wife filed a case Domestic Violence act 2005, (43) section 20(6), and she want monetary relief Domestic Violence act 2005,under section 13 (1), she claim for this, but this family members are our reletives and i know all members for the lase 7 years, and she filed case against of her husband, her mother in law,father in law & sister in law also, I am very sure that the entire family is very innocent, but the wife is very greedy for money that's why to get menetary reward she file the case and she don't want to be live with his husband. what is good to do save his husband & the family members. Please give me ans asap. please.
Davinder Singh
28 March 2012 at 15:21
we have filed a joint petition of 13b on 20/9/2011 and also paid to her half payment of rs 1,25,000 and rest will have paid on final statement on 22/3/2012 but the second party did not come on 22/3/2012 and my lawyer got a date of 9/4/2012 i have doubt that she will backout from the final statement and i have also received from her an affidavit and compromise deed on this behalf i have appealed in high court for quashing of 498a but the second party also did not come in high court also on date 12/1/2012 and 10/2/2012 and next is 4/May/2012 so pls help me what i have to do now and what will be the decesion of court
1) The court dissmiss the petition of 13b?
or
2) The court grant divorce to me if she does not appear in court on 9/4/2012?
Pls help me
Regards
Davinder
Member (Account Deleted)
28 March 2012 at 12:14
Respected experts,
I am fighting a marriage nullification filed by my wife under the influence and bainwashing of her parents.I told everything to the judge clearly and the judge asked me to file counter petition.I have written all the things with the support of evidences.Please help me to complete the pettions.
Can any body post the first page format ?
Here should i write my name as petitioner?
can I file it in english?
please give me some hints.
Please help me by posting the format of front page and hints to be followed
g singh
28 March 2012 at 07:55
Hello sir/madam(advocate)
please guide me,in my sister's divorce case wich was in high court, my sister's advocate did not appear in the high court on the date given by by HC. So HC dismissed the case. I am sure that my sister's advocate did so , because he was given huge money by other party to do so. it happened 11 month ago. when we asked our advocte in this regard , he said he was present in the court premise although not in the court room, as he was not informed by the court. advocate says, "You can see our attendence register maintaine by the court, which shows that i was present in the court premise although i was not present at the time of hearing. for the dismissal of case HC is responsible. in this regard i have obtained Supreme Court ruling........so and so.." we are confused as we are illiterate in legal matters. we want to continue our case please guide me in this regard
YASH
27 March 2012 at 22:03
Sir
My wife has been staying away with his parents since last 18 months. We got married in june 2005 and have a son age 5. Intially we stayed with parents and later we stayed seperately in rented house for 9 months. she left that rented home in November 2010 and did not come back. We tried several ways to call her back but all in vain. I am in Mumbai and my wife is in parents home at Gujarat. I received notice from local Ahmedabad court asking me to appear on 7th april. She has filed for maintanance sec 125 and also interim maintainence. We got married in gujarat .My income is very less and my parents are dependent on me. I cannot pay maintainance of 30k what she has demanded. I earn 20k per month. Please advise me as to how to proceed further. Should i file RCR or fight against maintannce case. Can i ask court to transfer case to Mumbai since our matrimonial home as well the last place of living together is mumbai. I am ready to stay with my wife together with parents , which is not acceptable to my wife. Pls advise
Nelofar
27 March 2012 at 21:13
Asked early similar query also.
Married 5 year back as per Muslim rituals (both being Muslim,arranged marriage,
mehar paid at the time of
nikka),
Have baby boy of 1.6 years,
Husband abruptly stopped communication from lost 6 months; neither came to c me as I was at my parental home.
Now he is saying I have divorced you, as he say he has send divorce through Registered post to my parental address to me & my father, as we were out of station so could not receive the same.
Also he is saying I have published in daily newspaper, but we did not have any information about it.
The allegation which my husband’s is putting is that I am not mental fit that too he is saying after 5 years of marriage & 2 years of engagement.
After my marriage my in laws ill-treated me, & I also even went to a Phsystriate after marriage because of ill treatment by my in-laws, he said u don’t have anything.
Now my husband is giving some baseless allegation which has never happened.
I tried alot through my friends for reconciliation but my husband is admeant that he has given divorce.
My husband has not paid even a penny to me & our baby from lost one year even though he is earning more than 70 K a month.
Is it valid Divorces ?
My Query is that is can Divorced Muslim wife claim maintenances from the Muslim husband as i am house wife?if so Judgement plz.
Harsha Harsha
27 March 2012 at 14:16
I ve given amount to my husband before mariag as he avoided fr marr n askd fr money. i trnsfrd to account. I heard thro police people, since mariage s done, it cant be taken as dowry proof. Moreover the amount was transfrd to his frnds' accounts and it happnd 4 years before marriag.
1. This bank sttmnt cant be given as proof fr dowry ? will this act as cause f action?
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Divorece
My brother's wife filed divorce case & submitted fake list of dowry items in family court & case u/s 406 . There are major differences in items in both the list which were asked by our lawyer in court during crossing After realizing their mistake they withdrew their evidence from family court. But now the honorable & very learnt Judge said to pay 1350000 one time elemoney though it is proved that list & dowry case is fake. What should we do and what are the rules in this regards.