SHEKHAR
19 October 2011 at 19:36
MR. SHEKHAR SALUNKE
DIST; SOLAPUR ; MAHARASHTRA
EMAIL; spr_salunke@bsnl.in
DATE; 15-10-2011
GREETINGS OF PEACE SIR!
PLEASE PROVIDE ADVICE ON THE FOLLOWING;-
CASE;
1. A MARRIED COUPLE (14 YEARS OF MARRIAGE) HAVING TWO KIDS 12 YRS MALE AND 6 YRS FEMALE)
2. HUSBAND GOVT. SERVANT, WIFE A HOUSE WIFE.
3. FEMALE SUFFERED EPILEPTIC (CONVULSIONS) DURING THE SECOND PREGNANCY)
4. THEREAFTER SHE SUFFERED A FEW EPILEPTIC ATTACKS.
5. MEDICAL HISTORY INDICATES NULL DIAGNOSIS, AS ALL THE TESTS SHOW NEGATIVE RESULTS AS REGARDS BRAIN SCANNING (MRI)
6. SINCE LAST FOUR YEARS HUSBAND HAS BEEN CONFIRMED TO INITIATE FREQUENT STRIFES WITH THE WIFE AND WARNS TO HAVE DIVORCE AND ABUSES HER.
7. HUSBAND SUSPECTED TO HAVE EXTRAMARITAL AFFAIRS.
8. RECENTLY A PHONE CALL WAS RECEIVED FROM AND A FEMALE VOICE WAS HEARD ON THE HUSBANDS MOBILE WHICH WAS LEFT FORGOTTEN AT HOME. WIFE REEIVES THE PHONE AND SURPRISIGNLY THE CALLER FEMALE ASKS TO REPLY THE PHONE CALLS (WHICH WERE NOT RECEIVED EARLIER BY THE HUSBAND), SHE WARNS “ IF YOU SHALL NOT SPEAK TO ME I SHALL SUICIDE!”
9. WIFE AT UNREST. CALLS BACK THE NUMBER FROM HER OWN MOBILE. AGAIN THE SAME VIOCE SPEAKS ROUGHLY AS TO WHO THE CALLER WANTS? MISLEADS THAT SHE IS FROM OUTSTATION.
10. CALLS THE HUSBAND FROM DUTY AT HOME, ALSO THE ELDER BROTHER.
11. HUSBAND REPORTS HOME, IMMEDIATELY DELETES THE CALL HISTORY FROM HIS OWN AND WIFE’S MOBILE.
12. HAS SERIOUS DISCUSSIONS.DENIES TO HAVE ANY EXTERNAL AFFAIRS.
13. AGAIN FREQUENT STRIFES SURFACE EACH DAY.
THE DETAILS OF THE SITUATION IS AS;-
1. WIFE OWNS A HOUSE.
2. HOUSING LOAN HAS BEEN AVAILED FOR CONSTRUCTION ON THE HUSBANDS SALARY GUARANTEE AND SALE DEED MORTGAGE FROM SBI.
3. SALARY OF THE HUSBAND16000/- (SIXTEEN THOUSAND PER MONTH.) HOUSING LOAN INSTALMENT = 9000/- (NINE THOUSAND PER MONTH)
QUESTION;
IF EVER DIVORCE IS INITIATED THROUGH A LEGAL NOTICE BY HUSBAND, WHAT SHALL BE THE COURT OBSERVATIONS AND DECISIONS REGARDING:
- CHILDREN (aged 12 years male and 6 years female) WILL BE WITH MOTHER /FATHER?
- FATE OF HOUSE PROPERTY OWNED BY THE WIFE,
- AND LOAN REPAYMENT LIABLITY WHERE THE HOUSE IS IN THE NAME OF WIFE AND LOAN DRAWN ON HUSBANDS SALARY.
- MAINTAINENCE DECISION?
PLEASE SIR, I NEED YOUR EXPERT ADVICE IN THIS REGARDS..
THANK YOU,
SINCERE,
SHEKHAR SALUNKE
Anonymous
19 October 2011 at 18:40
My brother is married 4 years back. He and his wife do not have good marital relation and quarreling many times. Many times they compromised in presence of mediators. But now, his wife went to her parent's place, and is threatening that she would file a false 498A case even though he did not want/ask money. One of her relative called my brother and asked whether to go-ahead with 498A or to compromise. My brother said to go-ahead. Later his wife called him and said that they tried to threaten him by saying that they are filing a 498A case. She wanted to come back to him. Fortunately my brother recorded both calls in his mobile phones, and he replied to her that she can come but before that she should give a deceleration that they wanted to file a false compliant under IPC 498A. My question is that 'would that deceleration is valid in future if his wife files a case against him? Can she sign the declaration in front of notary or is there any other better source? Can my brother mention/submit the recorded calls as evidences in declaration/court if necessary? Would the recorded calls accepted by courts as evidences? Actually my brother does not want to get any more threats like this and on the other hand he does not want to spoil the life of their kid aged 2 years. Kindly suggest.
Narayan Saraf
19 October 2011 at 17:09
is it mandatory to live apart for atleast one year to get divorce under sec 28 of special marriage act... even if we both file joint petition before one year ..
Narayan Saraf
19 October 2011 at 16:36
my family & my in laws are pressurising me to give me consent for wrong declaration that i & my wife are staying seprately from so & so date...(earlier dates)...which is wrong...they are doing so to get divorce at earliest...if we do so is this not a crime & what can be consequence if this matter comes into highlight in court that both the party gave wrong statement...
Anonymous
19 October 2011 at 16:20
Dear Sir
If any wife earn higher income then husband and she file maintenance petition how to appose this. Any judgement are available for this case?
Narayan Saraf
19 October 2011 at 15:12
can any one advise me if i & my wife started living seprately from 03rd september, 2011 than by what time i can submit my petition for divorce under sec 28 and its sub section of special marriage act....
Anonymous
19 October 2011 at 11:56
Under Domestic violence Act, a magistrate can ask for registration of criminal case under 498, if woman is married.Is it true ??
What if the woman concerned is an unmarried sister, and culprits are brother and his wife ????Can magistrate order criminal proceedings and under which section ???
Raj
19 October 2011 at 08:55
Hello Experts,
My wife has made an FIR against me u/s 498a and 406 at bahadurgarh, haryana, police station. All the incidents which she has mentioned has been occurred at my place, which at Delhi.
Due to political pressure on police at bahadurgarh they are not working according to the law and I feel harrassed.
I go to the police station and they do not arrest me and asking me to settle the issue at a huge amount illegally.
1) Can anybody let me know that whether FIR can be transferred at Delhi?
2) if yes, than whome should I approach?
3) Whether such FIR can be quashed?
Narayan Saraf
18 October 2011 at 19:53
AMENDMENTS TO THE SPECIAL MARRIAGE ACT, 1954
6. In the Special Marriage Act, 1954 (hereafter in this Chapter referred to as the Special
Marriage Act), in section 28, in sub-section (2), for the words, brackets and figure “On the
motion of both the parties made not earlier than six months after the date of the presentation
of the petition referred to in sub-section (1) and not later than eighteen months after the said
date, if the petition is not withdrawn in the meantime” the words, brackets and figure "Upon
receipt of a petition under sub-section (1)" shall be substituted.
7. After section 28 of the Special Marriage Act, the following sections shall be inserted,
namely:—
‘28A. (1) A petition for the dissolution of marriage by a decree of divorce may be
presented to the district court by either party to a marriage [whether solemnized before
or after the commencement of the Marriage Laws (Amendment) Act, 2010] on the
ground that the marriage has broken down irretrievably.
(2) The court hearing a petition referred to in sub-section (1) shall not hold the
marriage to have broken down irretrievably unless it is satisfied that the parties to the
marriage have lived apart for a continuous period of not less than three years immediately
preceding the presentation of the petition.
(3) If the court is satisfied, on the evidence, as to the fact mentioned in subsection
(2), then, unless it is satisfied on all the evidence that the marriage has not
broken down irretrievably, it shall, subject to the provisions of this Act, grant a decree
of divorce.
(4) In considering, for the purpose of sub-section (2), whether the period for
which the parties to a marriage have lived apart has been continuous, no account shall
be taken of any one period (not exceeding three months in all) during which the parties
resumed living with each other, but no other period during which the parties lived with each
other shall count as part of the period for which the parties to the marriage lived apart.
(5) For the purposes of sub-sections (2) and (4), a husband and wife shall be
treated as living apart unless they are living with each other in the same household,
and reference in this section to the parties to a marriage living with each other shall be
construed as reference to their living with each other in the same household.
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Sec.125 cr.p.c.
Sir,
I would like to know that all my cases i.e. divorce & maintenance was transferred from the Family Court, Guwahati, to the District Court, Guwahati, as per the administrative order of the Gauhati High Court, Guwahati, dated 29.9.2010. But surprising the opposite party filed an application dated 25.3.2011 before the Family court, Guwahati, for maintenance of arrear amount from the year 2008, although the Family Court and the Hon'ble High Court had maintained that I should pay the maintenance from 1.1.2010 till disposal of the case as per their respective orders.The Principal Judge, Family Court, Guwahati, again started proceedings inspite the previous order of the Family Court, and the order of the Family Court was also challenged before the Hon'ble Gauhati High Court and the same is pending for final hearing and also the Hon'ble High Court was pleased to transfer all my cases from the Family Court to the District Court, Guwahati, after my complaint before the Chief Justice of the Gauhati High Court for illegal proceedings as I was not allowed to cross-examine the P.Ws and Counsellor of the Family Court had herself completed the deposition and cross-examination of the P.Ws without my knowledge and was signed by her.
I have been paying the maintenance to the Family Court even though my cases were transferred to the District Court since the Principal Judge, Family Court, Guwahati, had threatened me with an warrant of arrest if I dont pay the maintenance in the Family Court, Guwahati. My maintenance is cleared upto date.
Thereafter, I had filed a contempt petition but the same was not registered by the Registry, Gauhati High Court, then a Writ Petition it was dismissed and now I have filed a Criminal Revision Petition as per my advocate's advice. I dont know what to do??? Pliz advice me urgently......