Anonymous
22 April 2011 at 01:10
In our case Mediator is appointed. Mediator first will call Petitioner than Respondent and lasle both Petitioner and Respondent together. I want all the process to be recorded? Can I do so? To whom shold I request for recording?
Anonymous
22 April 2011 at 00:38
What is execution petition?
Order was issued by trail court family court judge as 'pendant lite and costs as per sec 24 of HMA act' to wife.
Wife's lawyer stalled proceedings on the next date saying that husband hasn't paid a single rupee.
Family court judge verbally told husband's lawyer that unless husband pays money, he won't look at any application filed by husband.
And thus Husband was made to all arrears of five months to that date.
Husband then applied to same family Court judge to kindly grant 'stay of payment for some time' called as stay of execution.
Reasons of stay:-
1. Husband wants to challenge it in High Court.
2. Husband's small scale business had suffered a loss due to mishap to worker and fire and it is stopped due to legal and police enquiry and license for gas cylinder etc etc etc. All happened suddenly and He is currently under huge debt, rent etc. There is severe financial hardship.
3. Wife is earning and employed in a private job. And not much loss to wife is payment is postponed for a few months.
Due to above he hasn't finally challenged pendant lite order in High Court.
But Lawyer at least filed review to same trial court and 'condonation of delay', due to above exigency. it is passed.
Husband does not want wife to take advantage of his current hardships and prefers to have some respite in difficult time.
On the Application of 'stay of payment' by husband, wife's response says that there has been no written application yet by wife for execution of maintenance,
And hence the application for 'stay of execution' has not legal standing.
IS wife's defense correct???
Then why the judge verbally compelled the husband to pay all arrears???
He kept of paying for almost two month after paying arrears as above, and she took that money from court.
Lawyer says, for stay husband may be asked to pay some security money at court, which won't be given to wife, and review argument will also get over in two dates.
Wasn't above arrears payment and monthly payments treated as security by Court?
Isn't it absurd that, unless execution petition is filed, husband is not supposed/expected to pay?
Is it a mistake by husband to pay before execution petition, and only over judge's verbal instructions?
Then under which rules and powers court made the husband to pay arrears and two months maints, if there wasn't any petition for execution by wife (I think he was referring to some darkhast)
On what rules did wife's lawyer stalled the proceedings to continue that day? Was it not called an 'indirect execution prayer' by wife?
Now if court asks additional money for 'security' it would be really cumbersome for husband, as he is already saving his face from many creditors due to exigency.
Pls comment urgently. Thanks.
Husband wants to stay the payment. Will he be sent to jail or his other things attached? It will a additional trouble to him.
Anonymous
21 April 2011 at 19:36
Dear Sir/Madam,
Due the reason of bridegroom demands extra dowry after engagement. At that situation bride family goes to cancelled the marriage.
Now, he(bridegroom) issue the Lawyer Notice the bride father.
Please saggus me, What can i do.
Vignesh
21 April 2011 at 18:35
My uncle passed away recently, since he is an Hindu unmarried man and myself and my mom is dependent on him, my family (his brother&sister) decided to make me Legal Heir of him under "The Hindu Succession Act, 1956, ( SCHEDULE, CLASS II [IV2] "
When i approached Chengalpattu Tahsildar, she said she have no power to issue Legal Hire certificates to indirect relationship (Sister's Son) and asked me to approach Court, but the above act say Tahsildar have all power to issue certificates to Sister's Son when there is no disputes (in my case there is no disputes).
Since my Family members agreed and not raised any problem regrading Legal heir, why Tahsildar forwarding me to Court. Do advice & suggest me of what i can do legally.
Ramesh
21 April 2011 at 17:57
Dear Experts,
Thank you very much for your kind reply.
Both the parents(my and her) made the arranged marriage according to hindu culture, later purposefully they kept my wife as isolated just to hide the defects.
Practically we never became husband and wife, no relationship build between us. Then how the question of divorce and maintenance arises?
Its one kind of cheating and exploitation of male person.
After six years, even if I get the certificate about her mental status what is the use! whether she is healthy or mad, the consequences will be the same. Another thing is, if they allowed her to live with me as a wife even for a single day, then it's meaningful to think about the divorce and for giving maintenance.
Please Sir kindly reply to this.
Thank you very much.
Yours faithfully
Dr. Annaiah Ramesh
Anonymous
21 April 2011 at 16:11
i got married last dec 2009, 1st 2/3 months of was gud, but later mujhe dheere dheere mere husbend ke kafi jhut bate pata chali jo unhone mujhe boli thi, later he started avoiding me. he never use to share finance with me. unfortunately i was not working after marriage, last dec2010 i had to gor for a job. was completly dependent on him. before two month we had a big fight, i was frustrated with his behavior, i was about to go to my parents house but he stoped me at that night, but in d same morning he left the house saying he cant stay with me, he put alligations on me like i m a drunker, i hit him & all, later in d day he came back but his family told us to leave the house as the house was in his father name, we shifted arround a month & half back in a rented house, while shifting he was forcing me to mortagage all the jeweleries for diposite of the house, as he never had savings, but somehow i didnt, so he paid only 6 month rent here, but after shifting he became worst, he never use to talk to me, every weekend he use spend nightout only & its 3 weeks now he left the house saying he cant stay with me, he needs separation, i dont know wat to do, i dont want to get seperated, worst is his family is not supporting at all, saying jab humne apne ladke se rishta tod diya hai to bahu ke sath koi rista nahi hai, plzzz help.
Anonymous
21 April 2011 at 16:01
We got married in Feb 2009. She immediately went to USA and never played the role of dutiful wife. I found her being in touch her ex after our marriage. Since she was using pre-paid number, i could not get itemized bills. So I don’t have any proofs of her having affair. We did not stay together even for 1 day. Since I was pursuing my studies and she was out of country. We both filed a mutual petition in April 2010. After filing for divorce, she asked me a chance and started threatening me of committing suicide. I really loved her bottom of my heart so gave her a chance. We started living together from June 2010. She started forcing me for baby and I agreed for it. She conceived in July-August 2010. She changed too much after pregnancy. She constantly fighting with me and kept asking for divorce. Baby delivery is due in May 2011.
Finally I restored the same petition. Now she is looking for maintenance. She is working and her salary is 9 lakhs per annum. She gets around 55000 per month in hand after tax deduction, pf deduction and all. My salary is also comparable to her. She owns a house in Bangalore. I started my career in June 2010. I don’t have any parental inheritance or any property. I have responsibilities of taking care of my mother and younger brother education as well.
She is behind my money. During our stay from June to September, I took care of all expenses and she did not share even 1 paisa in house hold expenses. I used to give her 10000 per month for her pocket money as well. Her mother was also staying with us.
I am looking for child custody but she is not willing to give it. I am looking for joint custody. She is looking for one time settlement for child education. I want to own up my child education in future as well. But she is asking very hefty amount in settlement. My living expenses depend on monthly salary. And I hardly have any savings. I don’t have any property, land or even any vehicle. My questions:
1) If case is referred to mediation centre on our next hearing, who will come up with settlement amount? Medication centre staff or we have to come with our own terms?
2) Even if I take personal loan and manage to pay settlement amount with some negotiations, what would be safest way to pay? Can a saving account open in child name with join ownership of husband and wife? Or is there some other way?
3) What about child rights? Child can ask for his own rights after some time right? Or what if she influences our child to grab more money from me in future?
4) I am willing to take some education plan for my child that will help him/her in higher education in future. Can this be a basis to reduce settlement amount she is demanding? can this be used for legal recourse?
5) My obligations for child upbringing will always be there and I want to play role of dutiful father. She is also working and shares the responsibility towards child. Is there any method to calculate one time settlement/maintenance amount?
Anonymous
21 April 2011 at 13:21
Couple got divorce decree in City A under Sec 13(a)wherein spouse also gave up the custody of minor children. However,spouse later challenged decree as being obtained by fraud and coercion and hence to be set aside. In due course, her case was transferred to City B(her family location) via Hon'ble SC. Proceedings currently on in City B.
Questions is :-
(1) Can she file a separate petition for custody of her children ?
(2) If Yes, where? City A (where kids stay) and city B ( where the case challenging decree has been moved to and currently moving).
(3) Which sections would be most suitable?
Please note following relevant info
(1) Both cities have a family court.
(2) Marriage had happened in both cities - A & B for famliy/logistics reason.
Do let me have your considered opinion.
Regards
Kartik dhar
21 April 2011 at 10:19
Hello Xperts!
My wife intensionally left me and my family, and started residing with her parents. She took our daughter and our pet dog along with her.
Now she has filed a case under DV Act 2005, demanding monthly maintenance and housing.
I am very poor, I do not have anything to give her. Moreover I tried a lot to get her back home, but she does not want to come back. (Conversation Recorded by me.)
1. What are my options to settle this. She basically wants to settle scores. It was a love marriage and did not work out the way she wanted.
Please advise and throw some light here.
2. Also if I leave India and go some place else without her knowing... what are my options to safeguard myself and family?
URGENT!
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Appeal
In one of the reply on LCI, I have read that in case of mutual consent divorce no appeal can be filed. In case of contested divorce, which afterwards converted into mutual consent divorce, suppose one of the prtitioner withdraw his/her consent, in this case appeal can be filed?