V.N.K. MENON
04 September 2018 at 13:53
[In one case I had filed an SLP in the Apex Court. Afterwards I filed an application or bring on record additional document, which was successful].
Status of the case w.r. to query:
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I filed a petition [in my capacity as Respondent-3] to quash a D/V complaint which is time barred as per various case laws of Apex Court r/w S-468 CrPC.
The petition H/C has been necessitated since the matter had been taken up by trial court despite being time-barred. Opposite Party filed their reply in H/C and I filed my Rejoinder and the case has been listed for middle of September.
QUERY
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I had already filed Police Control Room Report about the captivity of the Opposite Party by her parents as she complained to the Police.
In the given situation, if an application can be filed for bringing on record additional document in the
H/C. Additional doc is in the form of a recorded mobile /telephonic conversation with Respondent-1 and Complainant, who had filed d/v in trial court, about the atrocities committed by her own parents and indoctrination to file a lucrative "d/v business".
SHALL BE GRATEFUL FOR A CONSIDERED OPINION OF EXPERTS.
Rekha
02 September 2018 at 20:38
I am applying for divorce case.. it must be filed by my lawyer within 2 or 3 days.. as she is preparing for the documents.. kindly let me know what is the next process.. i have requested for injunction for him to enter the home in which myself and my kids stay... i want to know stage wise process..
Anonymous
02 September 2018 at 19:00
My husband has some disease and he is on treatment for the same. He has to be on medicine for the rest of his life. Because of this medication he will not be able to father a child. We have been married for 5 years now. At the time of marriage he did not disclose this condition to my family. Do I have the right as per the law to get his paternity(fertility) tests done to confirm the same as he is lying to me and blaming me for not getting children ? Can I take a divorce from him on this basis ?
Anonymous
02 September 2018 at 18:50
I have been married for 5 years now. I have some fertility issues because of which doctors have said that to get a baby I will have to undergo IVF which costs around 3 Lakhs. My husband cannot afford to get the treatment done, nor is he willing to, he is 48 years and I am 39 now. If IVF is not done now, I may remain childless for the rest of my life. Can I take a divorce from my husband on this basis ?
Anonymous
02 September 2018 at 17:15
Question 1. Can a decree be modified / amended u/s 151 seeking permanent custody instead of joint custody due to change in circumstances
2. What are the remedies available to the Husband to counter the above application to challenge the maintainability of this petition
My Estranged spouse/Wife has filed Miscellaneous Application seeking modification / Amendment of a Decree under section 151.
What is she wants to Amendment /
Modification of
# She wants permanent custody of the child instead (as per decree) it is joint custody under change of circumstances as she wants to relocate to U.K after remarriage
Background of the case
#Divorce files by wife in 2010 in HMA
# Pettion converted into Mutual Consent 2014 and Decree obtained in 2014
# Mutual Consent terms part of the decree # Other terms relating to child in consent and decree
A- Child in joint legal custody of both
B - Physical custody with mother
C - Access terms as agreed
D- Agreed that child will not be relocated out of INDIA till she attains the age of 18 years
E- In case the child is traveling out of India she will travel only on visitors visa for pleasure trip
F- Passport of the child with my ex wife Question 1.
Questions
Can a decree be modified/amended u/s 151 due to change in circumstances
2. What are the remedies available to the Husband to counter the application maintainability of the Application
Anonymous
02 September 2018 at 16:58
Can any party seeking modification of the decree on the basis of the settled terms(old allegations recreated)
Our divorce was settled way back in 2010 by converting her divorce petition into divorce by mutual consent
She has once again entered the family court seeking modification and prayer for permanent custody of children's
She has come to the court with 50 old allegations that were during matrimonial cohabitation and 12 fresh allegations of access
30 allegations repeated are pertaining to child issues during matrimonial cohabitation
20 allegations repeated are pertaining to issues of husband and wife during matrimonial cohabitation
12 new set of allegations pertaining to issues after mutual consent divorce
My question to the learned faculty is, can the 50 allegations recreated in the modiification petition is allowed?
If not allowed can I file an application to strike of the allegations and under which section
Member (Account Deleted)
01 September 2018 at 08:58
..
Vishal jain
31 August 2018 at 13:27
hello..
i am wife, married since 11 years. I filed 125 Cr.PC for maintenance. The matter sent at Mediation Center.
At Mediation in court.. the mediator(counselor) wrote Rs.10,000/- fixed for Maintenance till the divorce/498a petition(s) are disposed off, where both husband & wife signed.
Now, Due to change in circumstances, I filed 127 Cr.PC for enhance of maintenance.
But the court told me that the application will going to be dismissed because you have signed at Rs.10,000/- in mediation center.
Plz suggest, whether my application U/s 127 Cr.PC in maintainable or not.
If so.. plz suggest me some judgment to support my view.
MUKESH GUPTA
30 August 2018 at 22:07
Se my 498a and DV Act cases are dismissed but crpc 125 is running.I hv two children.can I escape from maine.what should be defence
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Prove documents obtained under RTI
Please can someone guide me how to prove true copies of signed statement and police complaint (obtained via RTI in the past) filed by wife in police station,when she had denied the same copies on oath . Also if the concerned police station were she has made such complaint , presently says that the records of complaints being old are distroyed and I can't get them again via RTI again.
'.How do I prove such documents? Is summoning the concerned police will be of any help in such case ? please can experts guide me ,I urgently need your valuable advice on this ..