Ahamed Ali
31 October 2011 at 14:48
3 Notices was issued to spouse to join in society but they have refused to join and in reply they have given about dowry,harrassment,maintenance and also they sent a reply to organization and bad propaganda has done against me in organization since i am muslim and as per the islamic sharia polygamy is permitted and it is not my intention for second marriage but since it is permitted i have given the notice and if she refuses to join with me can i go second marriage in the worst condition.I have filed a petition against them on above matter to defend what sections I have to take in consideration that false propaganda against me in organization that I have an affair with staff and so many other things they written.spouse is pregnant and i informed them at time of delivery she may go to her parents for hospitality even they they have refused. I want file a suit against my spouse parents.
Anonymous
31 October 2011 at 13:41
My friend has filed 498A on husband and inlaws. But still they are not arrested. She is staying in police station itself till the case is not yet over. Her husband s absconded and in laws are in relatives home. Will they be arrested ?
Simar
31 October 2011 at 13:09
My sister had filed for three cases in judicial magistrate’s courts – divorce, child custody (2.10 years old child) and maintenance. Then a few months later, there was reconciliation. But the boy went back on the agreement. Instead he started threatening our family. So my sister filed the three cases again.
These are the events in brief after my sister re-filed the divorce, custody and maintenance cases:
1. The boy’s family got the boy’s uncle to lodge a false police case against my father.
2. The boy’s mother lodged a false police case against my father and sister.
3. The boy has filed a false court case against my father and sister.
4. Lately, the boys’ father has lodged a false court case against my father.
They have used their family members plus a relative in building false cases against my father and sister.
This is what we have done in defence:
a) Filed harassment complaints (for the two false police complaints) with the state human rights commission. The commission has taken the cases. The first hearing is next month.
b) Filed court case (in judicial magistrate’s court) against the boy’s uncle for building a false police case.
Obviously boy’s family is misusing law to create hurdles in maintenance and custody and to harass us. To them, lodging false police complaints and false court cases is like buying groceries.
We had kept our cases to a simple minimal. Our purpose is to get what we legally deserve – maintenance, child custody and maintenance without filing false cases and without writing lies. However, the boy’s family’s does not have the same view. They believe in building false cases and causing us maximum harassment.
Though it does not directly relate to cases, I will mention that the boy’s brothers have been to jail once. For them lying and lodging false cases is an ordinary thing. However, it does cause us harassment.
My questions are:
1. What should we do to deter the boy’s family from lodging false cases ? As you can see, our approach so far has been defensive. At the same time, what we do should not bring too much additional botheration for us. We are already dealing with 9 cases. That is more than enough for one man to handle, which is my father.
2. The boy’s family has lodged all cases in their home town (the police case lodged by boy’s uncle is in his hometown). We have been advised strongly not to travel to their hometown. Also in the reply to police cases we have said that there is risk to our lives in travelling to the boy’s home town and that we have not visited their home town since the girl and the boy separated. They have falsely claimed in their cases that my father and sister visited their house and harmed them. Can we get the cases 3 and 4 transferred to our city by filing a case in high court ?
3. How can we highlight to the court that the boy’s family is continuously lodging false cases (average one false case every month) ?
valentine thakkar
31 October 2011 at 13:01
Now that Sec. 20 of the Advocate's Act has been notified by the efforts of Hon. Moily, can any advocate practice as of rule in the Family Courts of India not needing leave of the Court?
Anonymous
31 October 2011 at 12:16
Any marriage which has been celebrated by performing a ceremony of marriage can be registered under Section 15 of the Special Marriage Act, 1954. Here, the term 'ceremony of marriage' appears to have a wide coverage. Could you confirm if marriage ceremonies performed through religious rites or tribal customs/practices are covered and can be registered under the above Act ?
Anonymous
30 October 2011 at 16:37
I am 71 years of age and stay in a flat owned by me and my husband. I stay with my husband, son, daughter in law and grand son. My son is not keeping good health. He works on and off. My daughter in law does not work anywhere currently. She also does not help at home at all.If there is any difference of opinion she threatens me of committing suiside. We are sustaining on the monthly pension earned by me and my husband. Will you advise me how do I protect me and my family legally and socially from the mental torture of committing suiside by my daughter in law?
Anonymous
30 October 2011 at 14:34
whether ruling of maintenance upto the time till she marry is in conflict with muslim women act of 1985.this act do not allow maintenance till she marry.
Anonymous
30 October 2011 at 14:23
is there any amendment broght in penalties for void and voidable marriages.is there any amendment in sec 17 of hma in recent years.pls provide information.thanks
Anonymous
30 October 2011 at 12:21
Why i registration of marriage compulsory if unregistered marriage is given equal importance at the time of divorce and payment of alimony?
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Judicial separation
if decree of js is passed agaist wife can she claim maintenance.