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Gagan Souri   12 March 2012 at 09:20

Conceal of information & false affidavit by wife

Dear Ld Members,

I am party to the case herein (Husband) and attending party-in-person.

I filed RCR in first week of Oct’ 2010 in actual place of jurisdiction (where everything took place).

Consequently wife got ex parte divorce on her favour in 2nd week of Oct’ 2010 @ her jurisdiction after filing of RCR.

RCR date given for first hearing (First Week of Nov ‘ 2011). Summons reached to wife after first hearing of my RCR petition.

Wife was not present and did not contest for next two hearings of my RCR. The matter was posted for fourth hearing (Second week of December ‘ 2010) and was set for ex parte as respondent called absent.

The matter posted for petitioner’s evidence on the fifth hearing (third week of Dec ‘ 2010)

But, I(petitioner) failed to attend the court on the fifth hearing in Dec’ 2010 and my RCR petition was dismissed.

The RCR was re-opened with in I.A. No. 19/2011 on fourth week of Jan ‘ 2011 and summons were sent to wife. The court posted the matter to 07-03-2011. This time also she received summons late (24-03-2011) and could not attend the court. The matter was posted to 19-04-2011.

Further, Wife filed counter in the third week of April that she got divorced (ex parte in Oct ‘ 2010) in the lower court with a pray to set aside the ex parte in RCR.

Consequently a function hall was booked for her marriage on 27-03-2011 and she got married on 28-05-2011

But till date her lawyer till date did not submit any documents/information that she got married and not attending the court regularly and concealing the information about her marriage. Now the RCR case was posted to April ‘ 2012

I collected the proof of marriage, booking of functional hall and related documents through RTI form the Registrar Office, in the month of March ‘ 2012 in this regard.

1) Can if file contempt of court against my wife for…

a) A simple statement that “It appears that I Was set ex parte due to oversight” submitted by wife in her affidavit with condoned by delay of 9 days by simply neglecting the family court summons in the first notice in Dist Family Courts.

Is the condone delay maintainable in Dist Family Courts. As such, she knowingly did not attend the court and further her counter was filed after booking of function hall for her marriage (as mentioned above)

b) For concealing the information about her marriage and not informing the Court till date and wasting the time of Court knowingly

2) Now how should I got about and What petition/memo should I file.

3) Will i get order on my favour (ex parte order or any other order) .

4) How to pray for the costs, any petition to be filed.


Please enlighten me in this regard





binod chouwdary   12 March 2012 at 08:48

Gift deed

sirs,
among my relatives, a father who earned his property all by himself, willingly written a gift deed in favour of his eldest son after the eldest son compensated his sisters and brother according to their wishes which was decided in a family meeting.
now the eldest son is anxious what if the siblings go to the court and fight for a share in the gift deed. especially he is worried about the wife of his younger brother who is threatening to sue.
do you think it is wise to go for a bank mortagage loan so that the documents are in the custody of the bank.
your valuable opinions will be greatly appreciated.
kindly

Member (Account Deleted)   11 March 2012 at 20:13

False petition of wife and parents

Here I have some doubts please clear and help me experts.

Special marriage under section 25 1954
1)My wife had filed petion for marriage nullifiacation that i blackmailed her to marry me with a photo taken in the studio (Couple photo of us) but we had taken many photos before that also (50nos).
2)There was no intercourse between us but we had even before marriage and till the day she left from me.
It was a love and intercaste marriage and also not known by parents but they came to know and brainwashed her and she is also now on her parents side but i want to contest and prove my innocence.can I do anything against her parnts for misleading and for this wrong pettion before the honourable court .

Ranganath   11 March 2012 at 17:48

Stay of divorce suit

Ld Counsels,

Under what conditions HC will stay a divorce suit. If wife goes on appeal against the dismissal of her divorce petition is it possible to stay the trial of divoce suit filed by husband pending disposal of appeal.

Appears like only proceeding pending in courts of concurrent jurisdiction is stayed and not proceedgins in inferior and superior courts. Please clarify.

Rishi kumar chakrvesh   11 March 2012 at 15:41

Divorce

A case file in 13-b for divorce but opponent party is not replying answer of verdict & they continuous always they take a new date although her advocate come in concerning date , so that the judge is not taking ex party decision vs them, when filed case has already more than 4 months & over 90 days. how can resolve this case easiest way.

Sushil Sharma   11 March 2012 at 13:34

Self acquired property

i want to know ...... can a widow daughter in law along with her minor daughter claim any type of injunction over the self aquired property of father in law, in which she was reside from the last 20 years.

john   10 March 2012 at 23:39

Divorce

Hi,
If my wife is earning more than me and has filed the divorce case on me about impotency, do stil I have to pay her maintenance. My wife is more educated than me and she can maintain herself properly.
She has filed the application of transfer of case from Pune to Delhi Supreme court.

john   10 March 2012 at 23:35

Divorce

My wife has filed the application in Dehi Supreme Court in family court as she is staying with her brother in delhi, she falsely accused me saying that me and my family were harassing her when she used to come for the proceedings. The marriage was in Pune and she herself filed the Divorce case on me, Can the case again be shifted to Pune Session Court? My wife stayed with me only 14 days and asked huge amount of maintenance which I can hardly fulfil it.
Why no law has been made to protect the right of husband.

pushpakrishna   10 March 2012 at 23:14

Permanent alimony

Dear Experts,
Can a FAMILY Court /Senior civil judje court at Taluka level pass the order for Permanent ALIMONY for MARRIAGE ORGINAL PETITIONS (MOP) on the basis of petition filed by wife for DIVERCE alleging that
husband is an impotent with out any proof?
2)Wife filed the diverce petition alleging that husband is an impotent.who has to prove before the court?

Harsha Harsha   10 March 2012 at 21:25

Litigation - proof

wrt the litigation post, (http://www.lawyersclubindia.com/experts/Hma-24-285891.asp )
do i need to produce lawyer fees bills for litigation charges expenses claiming in hma 24?
i met 3 three lawyers fr my 2 cases.
Nobody gave bills.