Anonymous
05 April 2011 at 01:00
Dear Lawyers,
What impact will the inconsistent stand in civil and criminal proceeding have on the civil proceeding.
Suppose in the criminal complaint wife alleges that her husband had dropped her in her parents house and refused to take back for want to money.
On the other hand before the family court it is averred in her petition that wife left the matrimonial home along with her father to attend a family function. Wife is also claiming restoration of her articles while there is clear admission before police that all her articles are already taken away by her. Wife also denaies solemnization of marriage itself while there is an admission in her criminal complaint that the marriage was performed as per hindu rites.
How much of this inconsistent stand in civil and criminal cases be helpful to claim that the wife's case before family court is malafide and setting out an inconsistent case.
kindly clarify.
Anonymous
05 April 2011 at 00:34
My father owned a house at Delhi. Just before death, he created HUF in his name by signing a declaration before notary public & transferred his self acquired house in to HUF property. As he was the owner & karta, the house remained in his name. He expired in 2004. No action was taken by successors thereafter. Now as on his death karta has changed, whether the property title has to be changed or the same shall be carried as HUF property
Regards - Jitander Khattar
ramababu
04 April 2011 at 23:53
sir,
wife eloped of fifteen tolas and returned to her parents after 4 months. i'wm not willing to accept her anymore.I want divorce sans maintenance.
in previous mail i mentioned completely about my history of martial life.
she is not willing for MD and now also alleges that i'am not fit for S** life, this she is saying after getting abortion for 3 times in 4 years with me(i think so as the case is eloped otherwise).
my Q'tion is under what sections i can file divorce amd when. as it is now 5th month that she is away from me after eloping is there any minimum period that i have to wait.
sir,
just some one let me know please to find out what will be my responsibilities and consequences of CD if at all i want to file one.
or is there any other method of divorce with which i will not be liable in any way whatever, as she has ditched me and completely failed to fulfill the marriage promises.
Anonymous
04 April 2011 at 23:30
We married in May, 08, stayed together but separated from my house up to June, 09. After onward, she gave birth of our child in 29th august, 09 and staying with her parents. She was convicted by session court accused for a looting case (gang robbery) in Kolkata in 2003, spent 6.5 years behind the bar (before marriage) and released in 2006. Her father is well connected with the lawyers as well as political personals. We do have a joint account having locker facility, ATM card, cheque book and key of the locker are with them. Before marriage her father has got the sign from me and his daughter in a court paper (undersigned by me & my wife) stating that “knowingly we decided to marriage each other and have no grievance on them” so and so….. Actually he never gave me a copy of the same. Earlier she was admitted an asylum (mental hospital) as she stated before marriage,
I am trying hard to find out the institute. After releasing from jail she has changed her name. Every month I am sending her Apprx. 5500/- to 6000/- Rupees for the maintenance of her and my daughter, but she demanded at least 10,000/- pm which is not affordable for me. Since last 1.8 years she is staying at her parents house with my kid and so reluctant to be rejoin with us. She used to send me assorted sms comprising of threatning, false fabricated story and asking me to send her the Birth certificate of my baby immediately.
Measures I have taken:
1. Every month I am sending her money through NEFT (net Banking) and keeping the receipt.
2. Already I sent her 03 nos letters with AD asking her to come back and join with us.
3. I have kept all the soft copy as well as print copy of her fabricated sms.
4. Some telecon had been recorded.
5. Written a letter to Local police stating all her behavior but yet to be send.
6. Staying with my old parents to give them mental support, informed them in detail about the consequence of filing false 498a/DV/406 case by my wife to get them prepared mentally.
7. Already discussed the matter with some good friend to be aware them for the upcoming case.
Under this situation what are the step to be taken by me to fight against the anticipated false 498a case and to save my old poor parents from the harrasement. Please advise me. Thanks S.B......
Anonymous
04 April 2011 at 20:30
My first marriage on Jan 2004 as per Muslim marriage act ended on September 2005. My divorce was done with mutually understanding as per Shariah law and have valid Talaqnama documents including MOM documet. I had re-married in 2010. For deletion of my ex-wife's name from my passport, they are asking Civil court divorce certificate, as they are not accepting Talaqnama. I have no contacts with my ex-wife or their representative, Please advise me what would be the quickest procedure in obtaining this court order. Thanks.
Member (Account Deleted)
04 April 2011 at 17:37
Me and my wife separated in the year Dec'2006 and got divorce decree. After few months in March'2007 she returned back to my home with children and we started living peacefully. in 2009 we have purchased a flat in Delhi. We registered the property as co owners (As wife and husband, I am the first owner and wife as second co owner, Her name was mentioned as wife of me) and taken home loan jointly, me as main applicant. The flat was purchase on my initiative and mainly saving from my salary and other allowances like 65% from my side and remaining 35% from her side. Since then I am paying all the EMIs from my bank account. Even for registration amount I have taken personal loan. Now in 2011 again we have differences, she left the house with children. I want, I should have all the rights over the property (flat).She is ready to give power of attorney and ready to relinquish rights over the flat. How can I proceed? Is it possible to get legally thru irrevocable POA or any other option like thru release deed? I want to avoid future problems and litigation's later over the property. Neither my ex wife or children should not claim any right over the property, after paying all the EMIs for the next 16 years and money ,I do not want to loose the property as it is the only investment I have got now after the separation.. I do not want to repay all the registration charges over the half of the cost of the flat, also circles rates also increased in Delhi..
Please note
1. I want to have full rights over the flat with out any problems or litigations either from my Ex wife or children
2. She is ready to cooperate in giving POA or signing any legal document. In this respect we did not have any issue of non cooperation/fight among us etc.
Kindly advise me
Anonymous
04 April 2011 at 16:18
Hi,My Brother is a Permanent resident(green card) of Australia & lives in Australia.
My Brother has married in church in April'08 and he applied spouse visa for his wife and left Australia in May'08.while spouse visa in processing ,she went Australia in August'08 on visitor visa stayed there for 2 months and came back in November'08 as she was pregnant,and we dont know how she lost Pregnancy
in March'09 and even my brother came to know about this after 3 days she lost pregnancy.
My brother came to India and took her back to Australia in May'09 as she got Spouse visa by that time .
within 15 days in May'09 my brother's wife came to India saying home sick and she wants to visit her parents and she didn't gone back.
after 5 months in October'2009 she filed a FALSE case on whole family including my sister and Brother in law who live in USA and on her husband with 498A,323,406,509,police arrested and took my other sister who was doing masters degree,mother who is a Govt employee and father ,who was retired and put them in custody for 4 days.they are on bail now.
and she filed a maintenance case also in court recently,she is well qualified and was doing well paid job before marriage.
Old parents and unmarried sister has to attend court travelling 600KM every month in her city.Because of this mental tensions ,stress and Depression My Brother lost his job recently in Australia,
in April'11 my Brother wants to come to India and settle the things,
what we have to do now? how to get anticipatory bail for him,what precautions he has to take,please help all the necessary things he has to do,
thank you,
susmitha
04 April 2011 at 11:15
can i marry my mother's sister's husband's brother's daughter. ( ie. our grand parents are not same but great grand parents are same from my mother side ).
pls advice.
M.V.krishnarao
04 April 2011 at 01:03
Question ::
Hindu Marriage Act:- Wife at USA for his M.S studies. Husband in India in his native place near Hyderabad. Husband a business man. Husband filed Divorce petition in the family court in India Family Court directed the wife to attend for reconciliation U/s 23 (2) of the Act. Wife filed petition for travelling expenses as she is a student under Sec 24 of the Act. Family court dismissed the petition that the wife failed to prove that she is a student and also mentioned in the order that the wife is earning by work without any record. Court also issued notice of attendance for reconciliation of issues in the matter and for possibility of reunion and proposed to fix a date.Wife filed CRP by filing documentary proof as a student and CRPMP for Stay of the notice of attendance before the High Court and are pending for judgement. Family Court is of the view to pass exparte order if the stay is not granted by the H.C for the notice of attendance for reconciliation or the wife fail to attendance for the reconciliation on the next date of hearing.
Please clarify whether such exparte orders are maintainable, if possible please kindly furnish relevant case laws or judgements regarding personal appearance for reconciliation through video conferencing U/s 23(2) of the Act and on other sections of the Hindu marriage Act in Divorce cases.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Interim Maintinance Appeal
Hi All,
Order was passed by the Family court in the favour of wife and minor daughter 3000+2000. without going through the evidence that wife is a self employed lady running own beauty parlor cum butique and earning 8000PM. on the other hand husband is just completed his study(LLB)(admit card for last exam appearance submitted)
Can we appeal for revision in high court?
If yes, till which date as the order passed on 02/04/2011.
Do we have to pay interim maintinance on the next date which is given by family court if we appeal?
If any format for Appeal and any citation from supreme court provided then would be obliged.
Please help.