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Member (Account Deleted)   26 July 2011 at 19:30

conflict between civil court and criminal court

If a protection order and other orders are passed in favour of a wife under the domestic violence act, 2005 and that it is specifically decided by the criminal court exercising jurisidiction under the said Act that, the husband was guilty of committing physical and mental cruelty with wife and that this finding attains finality. Thereafter, the husband has filed a petition for restitution of conjugal rights.
sir, now my question is :-
1. Whether the finding of the Hon'ble JMFC on the issue of fact "Whether the husband has committed cruelty with wife" would bind the family court ?
since issue-estoppel doctrine applies only to prior and subsequent criminal proceedings and that res-judicata applies to civil proceedings likewise then which doctrine or provision of law would come to my aid to the effect that, the family court would be bound by JMFC'S finding ?

Anonymous   26 July 2011 at 18:32

Perjury Application

Dear Members
Can any one provide me the format of PERJURY APLLICATION.
Thanks

Anonymous   26 July 2011 at 11:58

Please advice me.

Dear Expert,

I was married 2009 Jan and after 6 months a lot of problem coming in marriage and a lot day to day issues and many misunderstanding me and my wife and we both not trust each other.

Now we are not together from the last three months. My wife is not ready for divorce. I want to know how many months as per law we not leave together so that I will go for divorce in court.

I don’t want to spoil my life and want to start my life again and she is not ready for divocre and told me I will make your and your parents life hell because she is advocate too.

My query as I mention we are not staying together and she leave me and is there my time period mentioned by court if husband and wife not staying together then it’s easy to go in court and mentioned this fact we are not together long and court help me in divorce and i will start my life again.

Regards

Anonymous   26 July 2011 at 04:02

pls help

hi everyone.
i was working away from my native for the past 4 years. since my family members didnt accept my love, i married against their will in a registered office (parents dint know). me and my husband lived seperate, occasionally meeting each other. but later on , i came to know that he lied to me(drinking habits). i could not tolerate that and hence i split apart.
he is such an addict to alchol, i could not accept it. after 4 months of complete seperation, my family arranged me an marriage. i feared to say about my past marriage affair. thinking my ex wont cause any prob, i accepted to my engagement and it was over 2 months ago.
but now, knowing my engagement , my ex has sent me a legal notice,asking me to come back .in that legal notice, he said that he will take criminal action against me and my parents, if i did re-marry,without getting divorce from him. he wants to live with me. i told my family about my marriage and how we split. when my family members asked my ex, to give mutual divorce, he said he cant give.
i dont have any evidence against him to file a case(i went through the grounds for divorce). we are married for a year now. it is true that i loved him before . but not anymore.

my family has fixed(during engagement) me marriage in 3 months time. he is not willing to give mutual divorce. on what basis i can file divorce case against him? will the court reject my petition(as i dont have any evidence of cruelty, dowry harrasment etc.) how long will it take, if he contest?
he says he can wait for years, but not give divorce. all the intermediations failed. he is not letting me to remarry. without enough evidence, on what basis , can i ask for divorce in court?


Anonymous   26 July 2011 at 00:38

How can I save my Mother and Sisters in a Dowry Case?

Hi All,

I got married on March 07, 2011. Every thing between me and my wife was fine till the time we came to know that I will be traveling to USA in the month of July, 2011 for three months for the office work.

My wife did not want me to go to USA because she thought, I will use this opportunity as bachelor and will do everything there.

Few days back she went to her parents house and lodged a false FIR against me and my family (My Mom, Two Sisters and her husband) including “Dowry”, “Domestic Violence” and “Mental torture”. We came to know from our relative that my wife’s parents are demanding for 15 lacs rupees and Divorce.

Due to this I cancelled my trip to USA and took a Arrest Stay from the Allahbad High Court and the case is been transferred to mediation center.

Important Point: We seriously do not have money for all that.

Request you all to kindly suggest what we need to do now and most importantly how can I save my Mother and Sisters.

Anonymous   25 July 2011 at 23:35

whom to domestic violence Application

I married about 3 years ago according to Muslim Custom.After.At the time of marriage my husband did not sign Nikahnama. After one year of marriage my in laws started demanding dowry.They beat me and force me to make relation with other male members to get child but when I refused they beat me and turned out from their house.Now I live with my partents.I filed an application in CIA Staff but CIA Staff in convience with my in laws did not take any action and closed the file.Now my mother in law filed an application in women cell khanna that she want to take me her house.I did not want to go my in law house because they will again treat me like an animal.Pls guide me what shall I do now

dipankar   25 July 2011 at 21:20

Sister, harassed for dowry.

Dear experts,we are muslim by caste.My maternal sister who has been married for the last three years is being seriously harassed by her in-laws for Dowry.They rebuke her, badmouth her always. Recently they have resorted to beating her and her husband black and blue for no reasons whatsoever. Her husband is on my sisters side. She has even tried to complain in police but the callous policemen did not lodge any FIR as my in-laws bribed them also.
Please guide under what sections of IPC my sister can lodge a case against her inlaws for harassing her,badmouthing her and beating her. So that they can be brought to justice.

Anonymous   25 July 2011 at 18:13

afterthought meaning in legal term

Respected All

i want to know the meaning of legal terms "AFTERTHOUGHTS"

bse my wife created the false story after i file the case. i have a evidance in mahila paramarsha kendra.

can i say to court that this is afterthought of my wife which create a false story

Anonymous   25 July 2011 at 12:44

Second Marriage

Sir,
Can you please give comments on below:-

"As per section 494 IPC, a person can have second marriage after seven year of living seperately from his wife Or husband, even they are not yet divorced legally" is this correct.

My divorce case filed is pending with court, judgement yet to come.

Can you please help me.

Thanks/Regards,
Ajit

Naveen   25 July 2011 at 11:23

Need help on divorce

Greetings to all,

The history
I got married on Oct-2009 and my wife gave birth to our kid on Nov-2010. There was rift between us after that and from the past 8 months we have neither met nor talked to each other. She is in her parent’s house from the past 9 months. She understands that she is the one who has done the mistake but she refuses to concede to it well supported by her parents. I had forgiven the mistakes done by her and her parents but even after that they continued to create one blunder after the other. Though I love my wife, I feel very discomfort to accept her as neither she nor her parents are apologetic to what has happened and this has further created the rift. I tried to convey my acceptance of her a month ago through her half brother but there is no response from them after that I have not tried it again as that may make her feel that I am after her which will into a trap. Now the question is.
1. Can I leave this matter as it is i.e. we wont interfere with each other's life without taking a divorce.
2. Should I take the divorce and claim the custody of my son (now he is 9 months)
2.1 If I take divorce, should I give her the maintenance as she is not working? She used t work for some time as a lecturer well before marriage. Her parents are not well off and they cannot give my son a decent living and even to her. On the other hand I am well off with all the necessary things to run a family with an own house, vehicle, a good job and no loan and I my parents are not dependent on me financially.
3. She had, her self asked for divorce(9 months back) for no reason or mistake of mine and her parents backed her( this is what which has hurt me the most as I always loved my wife and even demonstrated it as long as she was with me), I even asked her to go ahead with divorce if she feels she has done it rightly, but she is not taking any decision on this.

Please suggest what I need to do.
I am open for all the possibilities
1. To live with her if she realises her mistake and assure me of not repeating it again along with her parents, though I fear that some day she make drag us to the court.
2. Take the custody of my son only if we divorce as I don’t like my son to fell short of his mother’s love which is important than mine as of now, though my support will be crucial for his education latter.
3. Maintain Status co.

I have put the things in brief if you have anything to be asked so give a viable solution please feel free to ask.