Meena Sharma
12 January 2012 at 22:31
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I have filed DV / 125 and 498 A against my husband. My husband is also a advocate. In DV interim order has been passed, however my husband not paying me anything and have filed an appeal against the same. My questions are: 1. In the interim application, it was mentioned that i m jobless, however i m working at present. What can be consequences for the same. Do i have to give an application to declare that i m working. My husband now wants to file a separate case against this false statement. Pls suggest what should i do as my dv case is at argument stage. 2. My husband is not paying me anything, even though order was passed 1 yr back and appeal was filed at the same time however no stay has granted yet. Is there any way the stay can be stopped as anyways he is not paying me anything and being a lawyer giving many excuses which are getting accepted. Pls suggest. 3. Appeal has been filed against the interim order. Can the court put a stay on the final order till the appeal order is pending. 4. I want to file a divorce case too, but my husband is not ready for the same and taking every step to delay all the matters and filing many false cases against me and my family. I stay in Mumbai whereas he is in Delhi and all the cases are filed in Delhi by him, what should i do, not possible for me to go there every now and then. 4. He is not paying anything even for a child. Though i m working its becoming impossible for me to maintain myself and my son, what should i do to keep the interim order as it is.
I have declared abt my job everywhere, and want to do the same in dv and 125 too, however my lawyer is not supporting me and not ready for the same.
For delaying the matter, my husband and his advocate misses many dates and after that just submit a application that they were sick and even after argements no step has been taken. almost 3 yrs have gone.
I have filed cases first in mumbai in feb and mar 09, and all the false complaints like in 156(3) and sec 9 has been filed by my husband in oct 10, and mentally harrassing me and my family.
Pls advise what shuld i do.
Anonymous
12 January 2012 at 21:07
hi
i want to know
.....if both the parties are not present on first hearing when the husband wants n wife doesnt want divorce,what does it indicate?
2...next date aftr 2 mnths...what happens in counsiling??
3..if any of the party is nt ready to compromise anywhere,i mean if wife says she doesnt want to divorce when they r remaining separate for app 3yrs .... wht wl b the next step frm court?
4....is it possible in the law ..nt to divorce and letting the thngs settle during the case like maintenance
Anonymous
12 January 2012 at 18:18
Dear Sirs / Madam:
This query refers to above subject. Wife had filed False Cases - DV Act, 2005, 498A, 406 in November, 2010. She had actually left Matrimonial House in February, 2010. After 9 Months, She Filed the above said Cases against me & my Family. In fact, she was taken by her father from her Matrimonial Home. As is easily predictable what all fabricated allegations she must have made in all the above said cases against us. So, I feel there is no need to detail the allegations here.
Firstly, She has prayed for interim maintenance, claiming that she is jobless - I would like to know that If we are very sure and have 100% information that she is working & earning pretty well, HOW COULD WE GET A PROOF OF HER INCOME?
We have certain section of people who can help us find hard proof of her income - That proof would be unofficial, But, 100% Confirmed, which she can't deny.
If we get such proof which may be unofficial, BUT TRUE & REAL, or it may be a private document, BUT TRUE & REAL, and we put up before Honourable Court and prove her Wrong - Would that Backfire? By Backfire, I mean that the Proof being unofficially accessed, Can She take advantage & instead try to harm our case by complaining of getting her Proof unofficially or without her being known about it?
The said Proof which we could get will Prove all her Allegations as False & Fabricated. We might get a great relief from the Honourable Court of Law.
Member (Account Deleted)
12 January 2012 at 17:54
Can a Civil Marriage(Special marriage act 1954) conducted under force?I have a doubt in proving this.My client says that she was interested(Wife)in the marriage but she has suited that it was forced.How shall i disprove pls suggest me some ideas because it is my first case.
Anonymous
12 January 2012 at 10:23
My wife filed return of articles whr she has included the following
1. Her jewels which was given by her parents (Its in my home now)
2. Dowry money( But We didnt get any dowry)
I am ready to give her jewels which we have now. But I have not got any dowry from her. They have mentioned they have given 10Lakhs as dowry.
My lawyer tells that if I am not giving the 10 Lak I may be arrested. Is it?
How to proceed for it?
Anonymous
12 January 2012 at 09:04
My husband has filed for Divorce but I applied RCR. Now I am staying as a paying guest, in first floor. My house owner's son(Same flat second floor) has applied for mutual divorce and he has his judgmtn on May 2012 he told.
He told me that he is willing to marry me after he get the positive judgmtn.
I have not replied him yet but I love him too. But my confusion is
1. I have not filed Divorce so far. But I applied RCR
2. I have no kids. Whereas he has one boy kid. he has very good property. Will there be any trouble by his ex-wife regarding this?
3. I am ready to accept his child and grow him with us, if his ex-wife allows. (Because his child shldnt be a scape goat for the errors which he did). Any formal procedures shld b followed for it?
4. Wat are all the formalities that I need to chek and cinform nefore marring him legally?
Anonymous
12 January 2012 at 08:55
w.r.t Address verification by court?,
http://www.lawyersclubindia.com/experts/Address-verification-by-court--268566.asp
As adviced by you all, I will better vacate my matrimonial home and catch a rental home in my jurisdiction area. The address which I gave already for RCR was in my uncles home as Paying Guest. But I cant stay there. I will catch hostel. Now do I need to change the address in existing DV and litigation to my new hostel address or not needed?
Anonymous
12 January 2012 at 08:49
I have filed RCR on my husband. My in-laws have my jewels and my money which we gave as dowry. For jewels i have the photos of the jewels which was there in in-laws home. But I dont have any proof for giving dowry amount 1lakh to them.
1. Now how to file return of articles?
2. Do i need to file along with RCR or separate case?
3. Can I include that 1 Lak also in the return of articles? If so, how to produce proof for them.?
4. My husbands lawyer when spoke to me said that they have only jewels and he is telling that they have not got any money from me. How to proceed for return of articles?
Member (Account Deleted)
12 January 2012 at 08:38
Gentlemen
I lodged a cyber complaint against my wife in Feb,2011 with whom my divorce proceedings are in progress with the District Court, Tis Hazari Court.
My wife has abused the Social Networking Site, Facebook by creating a face book account in my name along with my Picture.
Using this account, she connected with my friends and family and maligned my character which is against my self respect and dignity.
Despite of myself telling her numerous times not to use the account in my name which I don’t operate and nor I have access to the same; She did not listen to me.
She sent the invitations to my family members and my friends and they added me assuming that it’s my account and once they are added she tarnishes my character.
Besides Social networking site, she also used my yahoo email account to make friendship with the girls by sending them email messages and gathering evidence against me during divorce proceedings by maligning my image that I am a loose character person so that she can claim huge compensation during Divorce settlement.
My wife also tried to spoil my reputation at my work place by sending the mails asking about my whereabouts wherein she knows my house very well.
In lieu of the above facts, Cyber cell did technical investigations and proved that my facebook account was created by my estranged wife from her father's house.
FIR is pending to be registered against her and our statements have been recorded by the police.
My question is since this is a family matter, Police wants my wife to give the divorce on mutual basis and if she doesnot agree then they will file FIR against her under IT law...
Is this the right move, can my wife be pressurised to give the divorce in this way?
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Anticipatory bail against 498a
Hello all,
If anticipatory bail is obtained for 3 months then for how long can that be extended.
What all will this bail protect the husband from. What else the husband can do to protect himself from 498a and all the other allied false cases that the girl might put on him and his family.
Is there any way the husband can sit peacefully if the wife is not living with him currently. Wife has some mental problem for which she is not ready to come to the doctor, but she goes on threatening to slap cases against him for which the husband is worried.
What is the best way the husband can protect himself without worrying everyday that she might trouble him. The girls side is going on harassing him and abusing him every weekend. What kind of protection mechanism is available for such things. If you can please let me know it will be of great help.
Mahesh