Member (Account Deleted)
15 February 2012 at 09:37
Rani here from chennai
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My husband applid fr divorce and i applied for RCr but he is not appearning for both the cases in court. I am planning to put litigation.
1. What are all the details i shld include in that?
2. For Litigation will they combine the dates with RCR?
3. How long it will take to pass the order for litigation? (Chennai)
4. IS ther any limitation for maximum amount? I am planning to put 60000. I gave 50000 as fees to lawyers for Divorce,RCR and trnasfer OP of divorce to my jurisdiction.
5. when i apply for litigation, wll he recieve any summon to his home?
Nitin Gupta
14 February 2012 at 23:25
I am getting conflicting information on this topic. The following link tells me that it can't be appealed:
http://www.lawyersclubindia.com/forum/Re-Marraige-after-Mutual-Divorce-10062.asp
However I see cases where appeals have been made. See links below:
http://mynation.net/docs/682-2007/
http://mynation.net/docs/40-2009/
So can an expert clarify this?
Thanks
rajiv_lodha
14 February 2012 at 21:04
Wife tried her best to register FIR by putting false 498a+406 application with police. Police did not recommend FIR even after 6 months of harassment, closed her complaint. Her lawyer has planned sec 156 (3) in MM court as next step. I am sure that she can not prove her allegations via court of law also. All they want is our harassment+ extortion.
1) Are we 'relatively safe' from police harassment + arrest, if she moves via 156 (3) in MM court
2) 498a is non-bailable section. God forbid if MM passes summoning orders u/s 498a+406 against me, at what stage its advisable to move bail application..... Whether with Sessions or MM
Thanx in advance
Rita
14 February 2012 at 17:32
HI Panels, can you please make me understand when someone says the outcome of the hearing they attended (maintenance case in this scenario) they were asked to give a written statement. Under what condition is a person is asked to gv a written statement? I am just tryin to understand the process as I think am being fooled. Thanks panels!
Rita
14 February 2012 at 17:16
Hi Panels,
I am a Malaysian and may be a little misinformed about Indian Family Law. I want to clear some doubts here as I am about to make a lifetime commitment to a man who keeps saying he will initiate his divorce. 1st of all, he is seperated frm his wife for almost a year after the 3 of us sat down and confronted each other on my existence in his life. He is a victim of a unhappy marriage(which i knw its lame to use an excuse) but pls look at this neutrally and dont be judgemental as the 3 of us knows well why he strayed. BTW, to cut the chase, he is involved with me and everyone in his family, mine and his wife is aware of. Now, his wife has filed a case and i was under the impression tat its a divorce case(tats wat he keeps telling me) until i spoke to the wife and found out it is actually a maintenance case. When I confronted him, he said after several hearing the judge had refer the case to a panel of family court to proceed for divorce since he had relayed to the judge tat he do not want to stay with her anymore. Is there such a thing? Can a mere maintenance case be converted to a divorce case? I am not understanding the logic to this. The wife had previously filed a 498A on him in 2007(before I was involved with him) clearly she is dominating the marriage and it was on false grounds. But the case was withdrawn when he agreed to take her back.
Now that he wants to start anew with me but at the same time I am not understanding wat is holding him to initiate a divorce petition as he kept saying this maintenance case will slowly move towards that direction (divorce eventually)after several hearing. Of crse in the maintenance case wife have mentioned the affair with me and the seperation for a year. Your thoughts pamels? Is this guy genuine or he is just afraid to burn his money as he knows the penalty of paying alimony wud be huge since it is clearly proven he is with someone else irregardless if he is happy with her or not.
Question is can a maintenance case be leading to a divorce case if the judge wants to refer it?
Maitri Gda
14 February 2012 at 16:12
what ate the rights of husband, if wife found guilty. Can husband property or Income is consider for separation? specially if they have kids studying in school & below 18 years.
Maitri Gda
14 February 2012 at 15:57
Wife is having external affairs, husband is aware of the same & want to collect proof of the same. what kind of proof are acceptable in court. Mobile bill showing frequent calls,Photo Graphs,sms or what? & what can be done for joint Property & Property on individual name. if he goes for legal fight.
kiran
14 February 2012 at 15:27
I have 498a,DP3,DP4 and DV Case Runing,
Last DV hearing they have directed to Loka adalath where we(my self and 498a wife) agreed to seperate.
Based on the below terms:
1. she is aggreed for the full and final one time settlement for Rs. 10,00,000 Only.
2. she will apply for the divorse.
3. Agreed to close 498a,dp3,dp4.
4. No future Maintenance and will have any legal relationship/rights between both parties.
Upon closing 498a,dp3,dp4 and she gets divorse in 3 months, I will make the payment.
I would need experts suggestion on the above terms
Thanks
KN
Baala
14 February 2012 at 10:31
Hi, we are four brothers they are staying at my native me in bangalore. after my mother exipired they use to say to we will share.
one brother was brain washed my father not to share part of property. becasue all the cash documents, gold and land doc with him.
how can i get that property. pleae advice on this the process
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Kindly advise on list of date
Kindly advise as per following are list of date:
1. RCR Ex-party order 29.07.2009 in my favour directed responded to live with her husband.
2. Order sent along with letter of intimation received on 31.03.2010 by father of the respondent.
3. Filed RCR decree execution on 13.06.2011 case under Order 21, Rule 32 of CPC - Attcahment of 50% Salary till the complaince of the impugned order.
4. Judgment debtor filed show cause reply on 28.07.2011 with fresh false alligations and stated that wants to comply the RCR decree.
5. Filed Misc case on 14.11.2011 u/s 340 of CrPC followe by IPC section against her false allegations on the same execution court.
6. Decree Execution Case pending.
7. Judgment debtor Filed Divorce suit u/s 13 of H.M. Act, 1955 at her own place on 06.01.2012 and suppressed exection caurt. Decree holder produced information slip at execution court.
8. On 07.02.2012 decree holder comes to know thatr judgment debtor filed compliant case (CR Case) on 05.11.2011 u/s. 405, 499 of IPC before CJM at her own place later Magistrate took 406. Next date is 23.03.2012 for SR. (Complaint's cause of action showing 12.06.2008 onward date of filing of above RCR. Main complaints Torture etc. and defamation on fake SC certificate). 499 filed on the basis of DM & SDO's reports in favour her.
9. Divisional Commissioner issued final report on 13.12.2012 addressed to CM office stated she is not belong to SC community.
Kindly advise my next steps. Threatening if I file WS and present at her place for that complaint case she will lodged complaint 498A.