Sheetal Dedhia
16 September 2011 at 01:06
My friend has filed divorce petition on the ground of cruelty. In her petition she has made fake and frivolous allegations about dowary, beating and metal & physical harassment on her husband and in-laws. Earlier she had entered into MOU that she want divorce only nothing else and returned all belongings of husband against exchange of her belongings and accepted that henceforth no right of streedhan on husband's belongings as well as no right of any maintenance along with alimony. She has also accepted in MOU that she has no allegations against husband as she want divorce.
Now for money she has filed present petition. Her husband is a good man and being aggrieved he ready for fight in the court. He has no advocate appointed in the court and defend himself his own. Now after one year my friend has no evidence and witness and not able to fight further. She was to settle the case and want divorce under MCD. But husband insist for confection before court and until that he is not ready to give divorce. If my friend accepts his condition than court may take action against her for perjury and husband may also take action for defamation.
Is their any way to compromise or accepting this into the court so that my friend don't suffer any consequences? My friend has no father alive and no brother and sister. She has only her widow mother in her family.
Please reply. Thanks in advance.
Anonymous
15 September 2011 at 21:04
Dear Experts,
i am urgently in need of the act/bare Act of uncodiside / uncodified law of Jewish for divorce by wife. help me please.
Thanks in advance.
Anonymous
15 September 2011 at 20:09
Married to a Muslim Lady in 2007, but unfortunately after the solemnization of the marriage , right from day one the said lady remained adamant to end the relations as her behavior towards me and to my family was always hostile and quarrelsome and used to stay in my house for intermittent period of 4 to 5 days, the said lady on Jan 2009 left the my house for two days but till Nov. 2009 did not returned back despite the fact that In the meanwhile a number of persons I Send to house of the said lady to return home but she categorically refused to come home , and in turn leveled some false and frivolous allegations against me and once I myself tried my best to convince her to come back she categorically refused to restitute the marital life with me and connived that she does not want to live with me and insisted on dissolution of marriage . Ultimately when all the ways of negotiation with the said lady failed as she otherwise also did not proved to be a good pious wife on 14th Nov. 2009 I divorced her through a divorce deed, dispatched through speed post to the available address of the said ex-wife, which she refused to accept, but the lady filed Crpc 488 for the baby in 19 th Nov 2009 but I was served with notice in oct 2011,I accepted to pay max amount under Crpc 488 to my baby Rs 2000/-, later in Oct 2010 the lady filled a case of restitution of Conjugal right in Munsif Court, She also filed an FIR for 498A & 406 against me & my whole family in police, which culminated into challan in Court & which is pending for disposal in court. She also later filed for revision petition for Crpc 488 which was disposed by Hon’ble court. After some times she filed an application in State Women Commission, where I filed my objects but the commission gave the lady two recommendation against me at the back of me. The lady also filed same complain against me & my family in State Human Rights Commission, I filed my objects there also & mentioned them all the cases which are pending in court, I am fed up by all this as for same cases I am being asked in three court ,SWC ,SHRC, Civil court for RCR & Criminal case in CJM Court.
Now my request is what the role of SHRC is when all these cases are pending in different Courts, what sought of Human right violation I have done, as my Ex-wife & her father are saying I have violated their Human rights. My ex-wife & her father are dragging me here & there, torturing me. Kindly give me advise about my case in SHRC.
PARTHA SARKAR
15 September 2011 at 18:09
I will be grateful if anyone advises me on the following situation:
Ex-parte order passed on RCR (S.9 of Hindu Law) in favour of husband. Execution of decree filed under order 21 rules 32 of CPC mentioned in tabular statement by the attachment of 50% salary monthly salary of the judgment debtor till the compliance of the impugned order.
Decree passed on 29.07.2009 and communicated through speed post along with a request letter to comply the decree. Father of the judgment debtor received and signed on acknowledgement card. As per O.5 & R.15 of CPC it is valid service.
1. Judgment debtor denied the fact through reply that she had received the ex-parte order. After receipt of the showcause notice through post she applied for certified copy and claimed that the 1st time she comes to know about the said decree.
2. Judgment debtor in reply of showcause made false allegation like decree holder obstructed to enter into her matrimonial home so police assistance is required. Finally in prayer portion stated that she wants to comply the decree and therefore the instant proceeding should be dropped.
3. Surprising the Judgment debtor and her advocate outside of the Court threaten the decree holder to agree for divorce on mutual consent otherwise severe consequences will face the husband and his family members followed by bundle of cases and jail etc.
Kindly advise me at such situation what strategy will be appropriate on next which is fixed for hearing.
swaraj
15 September 2011 at 17:47
respected sir
my bhabhi filed a false dowry case against my father and brother.my brother is now abroad and my father is on interm bail.
FIR registeration date is 18.06.11,now the additional district megistrate allow both parties to settle the matter ,but my bhabhi's parents levelled FALSE charges that my brother not communicate well,in turn the judge says to my father that do compromise and take the girl abroad otherwise i will cancelled the interm bail.
noted : in last hearing girl told the judge that i want to live with my brother and gave written to jugde
despite that the judge threaten us that go for compromise and take girls abroad
now again thE judge ask the girl to appeared again in court for statement.
my qwestion is follow:
1 my father join the investigation
2.the police and attorney told the judge that they have no objection for permanet bail
3.is the additional distt. judge have the authority to permanent bail or not.
4.is the judge cancelled the interm bail on the basis of no compromise despite above formalities in point 1 and 2.
5.the next hearing is on 22-09-11,and three months gone ,is it is require to produce chhallen BY POLICE in between three months of F.I.R.
the case whole file is kept by police and judge is take it yet
PKEASE HELP
THANKS AND REGARDS
SWARAJ
PARTHA SARKAR
15 September 2011 at 16:31
I will be grateful if anyone inform me reg. list of good book's writers on Marriage and Divorce (Annotated) for practice purpose.
jas
15 September 2011 at 15:09
I have given complaint against my husband as he has married to some other woman without taking dicorce from n i have his second marriage invitation and marriage reception photos and given all the proofs of dowr that my parents gave him during our marriage and we have a son from wedlock but police is not lodging fir saying that they cant lodge direct fir as its a dowry and bigamy case it has process and has to go through it. they will call him 3 times n if he doesnt come thn they will take any action.
i went to DCp,sho woman cell but they r not lodging fir
Chandrasekar
15 September 2011 at 12:28
Hi,
We have a property which is in Grandma's name (Thru Will by Grandpa). My grandma is no more (1998). She had two sons. My father and his brother. After my granma' death, we did not get the legal heir certificate. By 2001, I lost my father too. After that we did apply for legal heir certifice of my father and grandma. My father's legal heir certifice is fine. But in my grandma's legal heir certificate, only my uncle's (Father's brother) name is present. My father's name is not there. In future, will it create any problem in getting my father's share.
(We have a patta on my, my mother and my uncle's name for the above property.)
Thanks & Regards,
Chandra
Member (Account Deleted)
15 September 2011 at 02:24
Dear Experts,
Marriage happended in Jan-11, wife did not stay in inlaws place due to job, claimed that she will transfer within 3 months, after 3 months she refused to transfer, Non consummation of marriage till date, wife had a mental block in having a physical relationship. RCR filed in June, wife did not come for the 1st hearing next hearing is on Sept-27th. Can i push for exparte if she does not come to this hearing also, in that case how many months would it take to get a decree. Please advice.
After decree I plan to go for divorce under cruelty for non consummation of marriage if she does not agree for mutual divorce.
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Divorce filed under cruelty and desertion
Dear Experts
I filed a divorce case against my wife on cruelty and desertion grounds and My evidence is on 1st Dec, Reconcilation failed and admission/denial hearings are done already.
So far my wife has already filed 2 cases, 1 case for Section 125 in women cell claiming interim maintenance and another section 25 again for interim maintenance in the divorce courts.
She is already working for the past 6 years and earning almost same as I am earning with a difference of 15000 Rs in our monthly salaries, I being on the higher side.
I have already been paying Rs 5000 for my child school fees for the past 2 years to my wife.
I have 2 questions:
1) My lawyer had told me before the filing the divorce case about his fees i.e Rs 58000(incl stamps etc) for first 4 hearings and another Rs 58000(incl stamps etc) for all the remaining hearings in divorce.
I have already paid him Rs 116000 so far and Now he is demanding that since my wife filed another case under Section 25 for interim maintenance I should pay him another Rs 58000 as his fees.
Is this fees justified since both cases, Section 125 and Section 25 pertains to maintenance only and the judge has asked us both to produce our respective salary certificates and bank statements to prove our salaries in next hearing on 1st Dec?
2) Once my evidence completes on 1st Dec, Judge will give another date for my wife's evidence, Our case started in March,2011 filed by me and my wife is not interested to give the divorce whereas she has already taken all her gold and other household items with her after the case started.....
In lieu of the current position of my case, my lawyer told me that it will take another 6 months to get the divorce, Kindly share your experience?????
Thanking you