asmita0009
16 March 2012 at 23:08
Just with in one month of marriage, my husband had started mental harassment and sent me to my maternal home. Now since 4 years i am staying with parents. Then my husband had also filed case for marriage Null and void. So, I had applied for maintence.As income proof i had submitted jeevansathi.com profile of Petitioner and related correspondent for marriage in the court. All these details are till available in my email id. Then i had submitted application in family court for getting detailed information of Petitioner’s Property and about his father’s income etc. as he was misleading us and court about his work and income details.
But without studying the biodata profile and getting reply on my application for getting income details of my husband, court had given order. in this order, the Hon. Judge had stated that “”Though the Respondent had produced the bio data advertisement of the petitioner , Petitioner had denied for having given advertisement and it will have to be proved on merit that such advertisement was given by the petitioner and there for nearly on that basis at this stage it can not be concluded that the petitioner is earning that much amount perticulalarly, when his income tax return shows that his income is much less then that “” so, on the ground of Income tax return information only she had order for paying meager amount as interim maintenance.
So, we found that Hon Judge had not studied my papers properly and given wrong order. So, now due to this it is not possible for me to go to High court. Further as it is the interim maintenance. So may I be able to file review application in the same court? Is there any time period to file the same?
Law Querier
16 March 2012 at 21:48
1.Can Divorce petition file before the completion of one year after marriage?
2.If Divorce petition has filed before the completion of one year of marriage, In which condition court give the permission to accept the petition or to contunie the divorce case? Note:at the second date of divorce case, one year has almost completed.
vikas
16 March 2012 at 20:18
Dear experts!!
A case was filed 3 years ago falsely by father of advocate wife in one of the district court of UP showing three months old incident and going through 156(3) of the crpc act in district court through a letter written to ssp three months later of concorted incident that local police has not taken any action and no investigation done by police and the court accepted their complaints and without any evidence but only on the versions given by the fake witnessess who are their family members or related to them but living girls district and i was living in Different city i.e. Kanpur which is more than 200 km away from varanasi where the girl belong to. Thereafter court summoned me and five family members including ladies and then we went for stay through high court on ground of seeking mediation but in mediation they demanded huge money only to fail or to extort the mediation. mediation as we are unable to pay that sum and the high court ordered to appear in lower court within one month so what are the grounds where all of us get the bail as the report of probationary officer of kanpur in other dowry case is in our favour but there is no report/investigation done by police on whose ground and place the girl father has fabricated the story. also the complaint being filed by father in law and no evidence provided and court even didnt bothered to get it verified or investigated by police but the court/judge summoned our entire family on basis of false witnessess version so what are the grounds of us getting bail and why should we appear before court if we had not done anything and getting threat from our lawyer that the male members will not get bail initially. we either do not want to appear or want bail in one day as the judge has been empowered or bribed in this case to go against us. because even a common man can judge that their application has no truth but the judge had summoned us. I have no hesitation to name that judge and what are the chances of taking action against this judge as he is liable to make judgments against us as he is being bribed or influenced to do so which i am sure. even those people can influence the high court.
salman khan
16 March 2012 at 18:28
if the husband give divorce to wife or wife give divorce to husband whether in both condition the maintenance is compulsory to wife.
Aftab4u
16 March 2012 at 17:41
Dear Experts,
In HC Judge awarded maintenance the husband is a private employee , now judge awarded maintenance of 75% of salary and the husband doesnt want to pay a single rupee to her and the husband is ready to go to JAIL ... my question is once he is put in Jail how many months or years the judge will send him to jail and after completion of the Punishment time once he is out of jail will he need to pay maintenance again ? already he has completed the punishment for not paying maintenance will Judge again give him same punishment again for the same crime.
Pls advise
sanjeev kumar
16 March 2012 at 16:45
D/All
I have been living seperate from her(lawyer)for 14 years,paying mntce regularly as per court directions.My divorce petition was dismissed in the Sessions Court in 2000 and after that it is pending in the high court.Subsequent events:-
1. filed 7/51 on me and my brother(dismissed).
2. FIR 452/323/324 on me and my brother
(Allegation:-Assualted with knife in the Bar room)(Dismiised by Human Rights Commision).
3.complaint of 406/498A also dismissed by the police after investigation.The complaint case filed by her in the court in the year 2004 on me,my brother and his wife,my mother.Still pending in the lower court.
Are these events valid ground for early hearing in the high court and for decree of divorce.
yashi
16 March 2012 at 15:56
Is it possible to get married in U.P and get marriage certificate from Delhi.And is there any time limit from marriage date of applying for certificate?
Sundari
16 March 2012 at 12:08
I am asking this question on behalf of my son, who is USA, my daughterinlaw got exparte degree under congenial rights and threating me and my husband forcebly enter our own house that she will stay here only and ask to vacate.
We have closed our house and went to my daughter's house. I want to fight for this on behalf of son. Is POA is valid to fight. If so, what is procedure. She is cunning and will damage if my son come back to India. Pls help.
Member (Account Deleted)
16 March 2012 at 09:49
Thanku fr ur eesponses from http://www.lawyersclubindia.com/experts/Litigation-exp-287721.asp.
My lawyers is my cousin only. :). He is a fresher. He has given me this modified draft and we would request to you to let us know if this draft isfine.
Because cousin says none of his lawyer friends applied for litigation but only maintennce. So myself and cousin sit toegether yesterday and prepared this with no guidance from anyone. :(
Petition under section 24 of the Hindu Marriage Act, 1955
1. The petitioner states that she is the petitioner herein and she is the respondent in HMOP No. --- of 2011 and she is the petitioner in OP No. --- of 2011
2. The petitioner states that her husband filed a petition for divorce under section 12(i)(c) of Hindu Marriage Act, 1955 before the court of Hon’ble Sub-Judge at Poonthamalli and the HMOP No. is --- of 2011
3. The petitioner submits that since the respondent had filed for divorce even before one year of completion of marriage she had to content the case to her matrimonial life and to recover her lost family status she applied for restitution of conjugal rights under section 9 of Hindu Marriage Act, 1955 before the Hon’ble Judge at I-Additional Family Court, Chennai and the OP No. is ---
4. The petitioner further submits that she had paid Rs.60000/- as lawyer fees for case proceedings, consulting fees and for Transfer OP for the HMOP No. --- to represent on my behalf and to put forth my contestations.
5. The petitioner further submits that she had paid Rs.60000/- as lawyer fees for case proceedings, consulting fees OP No. is --- to represent on my behalf and to put forth my contestations.
6. The petitioner further submits that she had spent the following amount for travel expenses incurred during the Court Hearings for both the cases
Date Court Taxi Travel Expense (Rs.)
23/12/2011 Poonthamalli Rs. 1500
7/01/2012 I-Additional Family Court Rs.1000
18/01/2012 I-Additional Family Court Rs.1000
7. The petitioner further submits that she had spent the following amount for travel expenses incurred during the Court Hearings for both the cases
8. The petitioner further states that the respondent was earning Rs.35000 during 2011 and he is earning around Rs.50000 as he is employed as ----
9. The petitioner further states that the respondent is earning a rental income for the from his following ancestral properties
Ancestral Home Address Type Rental Income/per month
Address 2 BHK Flat 15000
-------- 2 BHK Flat 15000
------- 2 BHK Flat 15000
--------- 2 BHK Flat 15000
10. The petitioner further states that the respondent is owning a house at ------
11. The petitioner submits that direct the respondent to pay the following litigation expenses which is cost effective to spend to get back her matrimonial life and to proceed a peaceful family life and a good social condition.
Litigation Expenses Amount (Rs.)
Total Travel Expenses till 18/1/2012 Rs.4500
Lawyer Fees for case proceedings, Consulting Fees, Transfer OP --- Rs.60000
Lawyer Fees for case proceedings, Consulting Fees OP No. is --- Rs.60000
Total Litigation Expenses till 18/1/2012 Rs.124500
12. The petitioner therefore prays that this Hon’ble Court may be please to pass a decree and judgement to the respondent to pay the litigation expenses of Rs.1,24,500/- spent so far for the court proceedings expenses and further on monthly during the proceedings and thus render justice
List of Documents filed under Order VII Tule 14(2) of C.P.C
S.No Date Description of Documents
1 23/12/2011 Taxi Travel Xerox
2 7/01/2012 Taxi Travel Xerox
3 18/01/2012 Taxi Travel Xerox
4 Respondent’s Salary Slip for the month of --- of 2011 Xerox
5 Poonthamalli Lawyer Fees Xerox
6 I-Additional Family Court Lawyer Fees Xerox
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Hindu marriage registration ---validity of civil surgeon's age certificate
sir,
My client is from Thakor Community. They had not registered her daughter's name in birth & death register maintained by municipality.
unfortunately, she is 22 year old but illiterate and uneducated so she does not have School leaving certificate.
Now she wants to register her marriage.
so the question is that whether the certificate issued by Civil Surgeon is valid certificate for age confirmation?
is there any judgement of SC or any of HC?
its urgent because parents of girl are ready for the marriage but not the boy's father......