Shantanu Wavhal
08 January 2012 at 00:47
if petition is u/s 11 read with sec. 5 (i) of HMA, for declaration of nullity of marriage,
Can the court send / recommend the dispute for mediation ?
PS : Question sounds childish to myself;
But senior lawyers at my town say YES.
Anonymous
07 January 2012 at 21:16
Dear Sir/Madam,
My brother lives in Saudi Arabia and did not come to India as his passport is with his sponsor and he is not allowing him to come to India. My sister in law filed a dowry case against him, me, my sister and my daughters. We belong to a good muslim family.
My sister in law lives with her mother in her mothers house and does not live in the ancestral house of my parents. She left the house within 2 months from the exit of my brother to Saudi Arabia. My parents have been expired long back so we got him married and we are not involved in his personal life and don't stay there. But she filed a case and called us there and when we went there she said to sign an agreement and agree to her terms otherwise she will send us on remand. So i signed as per the agreement he has to give her 4 lakhs compensation within 15 days and divorce her.
I wanted to know if anything could be done to avoid all this as we cant give such a huge amount.
thank you
Anonymous
07 January 2012 at 19:04
If respondent doesn’t appear in the court and if he submits the written statement (WS) regarding maintenance case through speed post with A/D in family court then will it be acceptable by the court?
Anonymous
07 January 2012 at 17:39
Hi Law gurus,
--> My mother is one of the child out of 2 sons and 2 daughters for my grand father.
--> My grand father has own earned property (80%)and ancestrol property (20%)
--> Now both my grand father and grand mother not alive and there is no will written about the property
I need to know
--> Whether my mother has got any right in the property legally
And FYI, we leave in Karnataka state
Your inputs will be much appreciated and helfpul
Thanks
Anonymous
07 January 2012 at 17:18
Maintenance issue
Facts –
A notice has been served to me by the family court in connection with a maintenance case instituted by my wife.
I have to submit my written statement in this regard.
I have serious threat to my life in the city where this case has been instituted.
My Queries –
1. I don’t want to appear in the family court at any cost because I have serious threat to my life over there.
2. But I also want to submit my Written Statement (WS) in the court.
3. I also don’t want any interim maintenance relief from the court to my wife due to of my absence on the coming date and
4. I also don’t want the matter to go in ex parte.
Please suggest the suitable procedure to accomplish all these at once.
Regards!
Shantanu Wavhal
07 January 2012 at 11:07
As per HMA, 1955,
20 Contents and verification of petitions
(1) Every petition presented under this Act shall state as distinctly as the nature of the case permits the facts on which the claim to relief is founded, 2[and, except in a petition under section 11, shall also state] that there is no collusion between the petitioner and the other party to the marriage.
1) Does this mean that the Petitioner & Respondents are at liberty to collude ??
2) for petitions under other sections of HMA, Is it unlawful to join hands by the Petitioner & Respondents for the reasons which are lawful, good, just & helpful towards granting justice ??
Kindly enlighten.
Anonymous
06 January 2012 at 22:18
Dear experts ,
I got married in November 2007 and have a daughter who is amost 2yrs old.
My wife has filed a fasle domestic violence case after staying separate for 10 months.She left my home to attend a marriage function at her house on 1st November 2010 and she filed the case on 8th September 2011.I received notice on 1st November 2011.
The complaint consists of alleaged incidents which took place in 2009 and early 2010. My question is in accordance with the Indrajeet Singh Grewal case judgement which I saw recently in one of the topic . Can the above said judment be useful in my case as the alleaged incidents are more that 1yr old ?
Please advice
rajiv_lodha
06 January 2012 at 19:48
I tried to get answers on some platforms, but no satisfactory outcome, so experts plz guide me throu!
Girl filed false 498a+406 complaint with commissioner police. IO CAW cell enquired for 5 months, boys side submitted all proofs of their innocence there. IO+DCP gave closure report & did not recommend any action to be taken & the complaint was “filed” 6 months ago. Boy’s side still fear of 156(3) etc; may be PCR at MM court may be waiting 4 them at her city. No clues yet. Is there any time limit for the girl to approach MM court in this matter. How boy’s family can handle the situation further. Also…..is there any citation that MM court has to take DCP level enquiry into strong consideration b4 summoning the accused.
She can also go thro the defence (throu RTI) he has submitted at CAW cell & may slightly modify her allegations (she has ample opportunity during PCR evidence to do so) to circumvent the defense b4hand, thus cut the lifeline of boy's side......!
Throu' 156(3), court has vast powers, if I am right, the following ones:
1) May order PS to register FIR & do investigation further.
2) May take the CAW cell investigation on record, may not take cognizance
3) May summon the accused directly.
Is the police harassment less via court's way!
Member (Account Deleted)
06 January 2012 at 16:45
DEAR EXPERTS I NEED UR ANSWERS VERY URGENTLY SO PLEASE ANSWER MY QUESTION.
I AND MY HUSBAND HAD CONSUMMATED OUR MARRIAGE FROM JULY2011 TO SEPTEMBER2011.I HAVE APPLIED TO NULLIFY OUR MARRIAGE.WE DID NOT LIVE TOGETHER BUT MET IN SOME OTHER PLACES AND CONSUMMATED.I HAVE APPLIED UNDER SECTION 25 OF SPECIAL MARRIAGE ACT THAT IT IS NOT CONSUMMATTED.WILL CAN DISPROVE THIS? IS THERE ANY OPTION TO DISPROVE?IF I GO FOR MEDICKAL CHECKUP WILL IT BE FOUND?PLEASE ANSWER ME.
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Seeking advise
Kindly advice under following situation:
1. RCR decree (ex-parte) Execution case pending.
2. Judgment debtor appeared and filed show cause with fresh allegations but in prayer stated want to want to comply with the Ld. Court decree (in decree Ld court directed the opp. party to stay with her husband at her matrimonial home).
3. Against false statement 340 already been filed at the same court.
4. Next date case is pending for filing of affidavit in opposition and hearing.
1. On the contrary judgment debtor is a working woman filed divorce at her own residential and work place jurisdiction.
2. Judgment debtor threatening by her advocate if the decree holder try to contest the suit she will lodge 498A etc. However as per RCR order she is not staying with her husband since Feb, 2008.
Kindly advice under such circumstances what will be the best steps to get justice in favour of decree holder?