Anonymous
12 November 2011 at 18:33
Dear sir,
My wife had filled DVA case on me, but in that there is no statement that i had harassed my child. In that she just said I had harassed her but those are false allegations. After the DVA Petition received I filled an RCR[HMOP] on her in family court. In RCR 1st they asked to go us for counselling then asked to come on 14th nov. Now the child(son 4 yrs old) is with her, in her parents house. I decided to have a visiting rights on weekly basis for at-least 5 to 7hrs. Also I like to put visiting rights on DVA too. In DVA she ask's maintenance, we prepared a petition stating that I am right now jobless for that I have my previous company offer letter and reliving letter for evidence.
Q:
1. When will the court allow me for visiting rights.
2. Can she again give the same DVA allegations in HMOP or different allegations to stop visiting rights.
3. How many times I have to go under counselling.
4. Whether the statement I giving to the Councillor would be come under evidence or not.
5. Can I put visiting rights in DVA also?
I request Experts to give a good guidance on this.
Ash
11 November 2011 at 23:02
1) I got married in 1998 ( satpudi ). But registered my marriage in 2009 under Special marriage act.
2) my wife left for her native place in 2009. And has not returned since.
My wife has filed a civil case (498 not filed yet). And for maintenance .
Q : a) onwht grounds shud I fight the case ? Special marriage or Desertion .... Or both ?
b) Can they file for 498 now?
Any other precaution or advice?
Anonymous
11 November 2011 at 21:21
Counsels,
Wife has marked documents. If husband has to confront the wife with new documents during cross examination is it mandatory to mark those documents in favor of husband prior to cross examination.
Thanks in advance.
Anonymous
11 November 2011 at 19:58
can illegimate son be maintained out of coparcenary property.is he entitled to maintenance with his putative fathers coparcenary or other coparcenars?
Anonymous
11 November 2011 at 19:56
if a coparcenar leaves joint family.can he again join it.how it can happen.pls give any explanation
manoj
11 November 2011 at 18:16
my father owner shop.my elder brother son(minor)any share.my father died 2004.
Anonymous
11 November 2011 at 18:11
My husband has applied for divrce. But I am not willing to give divorce. I want to stay with my in-laws(In village) or with him(In city).(He is staying with his friends).
1. How is it possible? DV-Right to stay in shard household can be applicable to my in-laws(In village) home and husband room(In city) also?
Because I cant go to village, since i am working.
2. How long it will take court to approve that i can stay in shardhousehold? Because Since he has vacated home, i am staying alone, getting lot of depression.
Anonymous
11 November 2011 at 16:23
My huaband applied for divorce 2 years back and i applied for RCR, 498A. And after the counselling he withdrew the divorce and i also withdrew RCR, 498A.
Now again himself and his parenst are creating problem... They are threatening they will again apply divorce as before. Is it possible?
How to proceed further?
Alok Kumar
11 November 2011 at 16:20
I wish to know that, can a man also file the dv against his wife.
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Summan under dva -while divorce case pending at hc and under separation for 10 yrs
Sirs,
About me, I am aged 46 male, separately living from my wife, since 6.4.2001, as she left the matrimonial home. Date of Marriage: 28.8.1998, Month of female child born June-2000. Since my wife left from the house due to high level of difference of opinion with us, she not at all interested to live together. However I tried my level best and waited patiently for 2 years from Apr'2001 ,but there is no outcome and hence I decide to go for divorce. Accordingly I filed divorce petition on the grounds of desertion in the family court of Pondicherry during Mar'2003.
Immediately on my filling she also filed a restitution of conjugal right case in Sub-Court,Virudhachalam (Town nearer to her parents residence ,in order to show herself that, she was left alone by the parents from them).And also file another case in magistrate court ,Virudhachalam, under 125 crpc for permanent maintenance amount.
Simultaneously, by postponing the hearing in my case at Pondicherry , she filed transfer petition in the High court of Madras ,and accordingly, as per the directions of HC, my divorce case in the file of Family court was transferred to Sub-court Virudhachalam and linked the same in restitution of conjugal right case.
Finally during Mar'2005, order for maintenance given. and in Apr'2005, restitution of conjugal allowed and my divorce petition disallowed. After that, she is only interested in getting the maintenance amount of Rs.2000/- pm regularly, not showing any interest for living together by returning to matrimonial home as per the restitution of conjugal right order passed in her favor.
Later, I went for appeal against the dismissal order of divorce petition to session court, Cuddalore and here also, order given in her favor during Aug'2007. Further, after 2 yrs gap, I filed appeal in the High court, Chennai during 2009, but the case not numbered till Nov'2011.
As per the order for maintenance, I paid the amount up to 2007 only, after that, she also not claimed the amount till date, since she is earning well by running a computer centre near the town to her sister's residence at Chidambaram
When situation is like this, I recently (5 days before) received one summon from Magistrate Court, Chidambaram u/s 12 of Protection of Women from Domestic Violence Act, hearing dated 15.11.2011,even though I am living separately from 6.4.2001,almost 10 years over,
This is the facts of my all cases and still I am struggling against this do or die situation. Is there any remedy can I get by overcoming this, by getting divorce from her. Kindly help me in this regard.