Person2012
25 February 2012 at 23:20
Hi Experts,
There has been a agreement done between my wife and me at local CAW cell. A date has been decided to handover the items of dowry and agreement says that the settlement amt. could be paid in two future installments and the lawyer of my wife would file petition of divorce before two installments. And now just a day before of hand over her items her lawyer is asking me to provide me a copy of DD whereas no where in the agreement it was mentioned. It was mentioned that the court would decide the two dates and on the same date I would hand over the DD to my wife. But please advice is it necessary to attach the copy of DD as her lawyer is asking me.Say, if I refuse to provide a copy of DD, would that do any harm to me as that is something which is not mentioned over there in the agreement.
Please advice asap by Sunday I'll be highly obliged. Thanks.
Member (Account Deleted)
25 February 2012 at 18:07
Me and my wife got married on September 10, 2011..and started staying at my home in Delhi. But she left my home and went to her parent’s as she was influenced by her mother. If we go to 1.5 month before the marriage, we proposed each other and planned for marriage in November 2011. But her father forced me to marry her in September 2011 only and promised me that he will re-arrange the marriage ceremony in November in front of my Family members. But he didn’t so. At time of marriage none of mine family members/ relatives/ friends were available. As we got married at Arya Samaj mandir on her father’s compelled me to do so. After the marriage only they started fighting with me on this topic that it can’t be happened. And on 30th October 2011 my wife left my home. Since that day only i tried my level best to contact her but neither she responded nor her family members. Before marriage i had taken money from her and i returned the same after that the proof of payment is with me (bank transfer slip). I sent her all luggage’s to her on her request through courier and the proof of Receipt is with me. Me and my family member tried to sit round the table and heal this issue. But they didn’t turned up for any meeting neither they informed us for postponing or cancelling this meeting. I am living my life in doubt, my business is suffering because of it, and my health is also going down day by day. I want a result and they are ignoring this fact. Since date of Marriage to till date neither i have taken any gift, money aor any kind materialistic things which can be counted in dowry. Through a trustable source i got to know they are planning file an fir against me and my family for dowry extortion. I never demand anything either from her or her families, expect her father’s promise. They are ignoring our calls, mails and massages.
Here i need an advice that is there any way to file a divorce case ? as i feel that we can’t run this relationship for longer. Please give a few minutes from your valuable time and advice me. I will be thankful for your this kind act.
Member (Account Deleted)
25 February 2012 at 16:07
Dear learned experts......
1)If the parties to a marriage have not lived together but consummated the marriage in other places, Now the wife denies to come or contact the husband,Can He file for Restitution of conjugal rights under special marriage act?
2)Where to file?
3)What are the things should be mentioned in the petition and how? Please help me experts.
nusishedi
25 February 2012 at 15:22
in india, a muslim(in kerala) as 3 daughters and 1 wife.after his death, who will be his heires?what are its ratio?will distant relatives claim for heirship ? (because he has only daughters,no sons)
mrgop
25 February 2012 at 12:37
wife filed for Annulment on ground of my impotency, and I filed IA for my potency test during evidence stage.
Both parties and advocates were present on all dates until I filed application for my potency test during evidence stage. Since then three dates passed and only her advocate was present from her side. Judge is giving next date without saying anything.
a)So, what should I do?
b)What will happen to my IA for my medical checkup if she remains absent in the forthcoming dates also?
c)Will her annulment petition get dismissed even though her advocate is present but she remains absent in the forthcoming dates also?
d) Will my IA be allowed expartee in such a situation?
kavkaz
25 February 2012 at 11:55
I surrendered to RCR and denied all her charges, the Judge asked her to join me. But She refused and started demanding a separate accommodation to join me.
In her prayer, there is no such mention of a separate accommodation. Her allegations are all petty ones, such as not getting enough pocket money, restrictions in joint family to go outside, etc.
Now, as she is not ready to reconciliate, even though I am and also I agreed to the terms fixed by the Counsellor with regards to pockey money and so on, finally, the Judge told us that the case will now proceed.
Now, my question is which type of discussions will now start in my next hearing as I would always admit therein that I am ready to take her back and deny all her allegations and accept all the reasonable terms like pocket money, etc. so as to take her back.
The above is my story in brief, so What should be my strategy from next hearing onwards.
Ranganath
25 February 2012 at 08:46
Ld counsels,
Will Order 17 rule 3 applicable in this case. I have a OP for divorce in which wife filed counter affidavit. Also my wife filed OP for divorce which was also hear together and post for marking of documents.
I was set ex parte in OP filed by wife and my OP was dismissed in default. Is there any application of order 17 rule 3 of CPC to this case which will render any application to set aside ex parte order incompetent, forcing me to go for appeal alone. Will dismissal of my OP in default is an order on merits as contemplated under O 17 R 3. Kindly clarify. Thanks.
Suhas
25 February 2012 at 01:17
Can any expert kndly explain the meaning and significance of the following judgment by addl dist / family court (or whatever the designnations there. its confusing)?
Applicant-husband/father submitted the application (1 page)
It contained complaints as 'There are mistakes in roznama. Kindly either correct or reject roznama. Applicant is shown absent on two hearings wrongly. He was present.'
It also contained complaint as 'Court is just sitting IDLE on the applicant's application as 'filed' by avoiding to take any futher stages like 'other side to say' and hearing and judgment etc. Application is for 'take kids (2 boys, school going) to vacation trip after exams, as visitation proceedings also pending'.
Court gave following judgment on above 1 paged application within 40 seconds!!!!
Judgment:-- "Prayer not tenable and hence application is liable to be rejected'
Thats all (copy wasn't given to opponent lawyer. there is NO mention of 'other side to say' on application.)
I have read that 'Court judgement is supposed to mention the reasons for decision.'
Also above judgment is written on the left margin of the Application
Xerox copy which meant for the opponent was returned back to the applicant.
Confusion is that:
Question:- Does rejection also mean that 'it is dismissed for lack of merits?'.
Question:- Is above judgment appealable?
Question:- Why a new application may not be valid if applicant files the same above in HC now? Does that mean now it is res judicat (issue already decided)? Does that mean that now only appeal is valid?
Question:- Does that mean that now the applicant is legally not allowed to file a fresh application (in very soft words offcourse) in HC?
Please advise.
Even boys want to enjoy the vacation trip. But if court doesn't move and just sits on pile of Apps how is it possible?
AMSARAJ.J
24 February 2012 at 21:07
Dear Sirs,
The following is the present status of the cases:
1.Maintance order awarded to wife during 2003 by magisrate court,accordingly up to 2007 maintance amount received by wife from the husband.(wife is living separately from apr'2001 till date)
2.Second appeal for divorce by husband in the high court are pending as of now (i.e case numbered but not listed).
3. New case filed by wife under domestic violance during oct'11 in magistrate court and interiam order served on husband and he went for appeal agst interim order with district court. Here the case status is that, husband side he is ready for argument,but wife side wants to close all issues by settelement. Husband also accepted the settelement option.
Now how to get divorce order by giving settlement.What is the procedure to be adopted for the same.How to close the pending case at hc (not listed),and how to quash the maintance order issued by magistrate court during 2003, and how close the order issued by district court during 2007 favouring RCR filed by wife and disallowing the husband's divorce petition,against which 2nd appeal is pending with hc till date.
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Rcr and interim maintenance joint petition
Hi Experts,
My story
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A joint petition of Interim Maintenance and RCR filed by the wife, wife not ready to come back, husband ready to take her back right from the very beginning. Husband even sent a legal notice twice asking her to come back then too wife filed the joint petition.
Even now during court hearings wife is arguing on petty homely matters and not ready to go and asking for maintenance even when husband is ready to accept the consent terms put in by the counsellor and judge.
Though husband has denied all the charges and ready to reconciliate but wife arguing that she is not comfortable statying in a joint family and needs a separate accomodation to join the husband. Till date wife has got no such solid proofs/evidences to prove the petty homely allegations and make her stand clear.
The allegations are all petty ones such as restrictions from father and mother in law to go outside after 9 PM and restriction to sit together and take lunch/dinner.
Even in counseeling husband tried his best and agreed to all the consent terms though was unsuccessful in his attempt. Husband not even has got the legal notices sent by him as evidences but has also got SMSs to prove that he was ready to take the wife back from the very beginning.
My question
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1. In the hearing now onwards, which petition will be discussed first, Interim or RCR?
2. Are there any chances of her petitions getting dismissed.
3. If Interim is dismissed, will the wife would be interested to continue with the RCR discussions?
3. How much time will get passed till the final court judgement and hearing?