dipankar
21 February 2011 at 10:41
in a showcause notice does the 2nd party need to personally appear before court to give explaination.
sibasish pattanayak
20 February 2011 at 23:53
sir,
please post this land mark judgement passed by appex court on s.2(q) of protection of women from domestic violence act 2005 a Bench of HONOURABLE JUSTICES ALTAMAS KABIR & CYRIAC JOSEPH.
Their Lordship were pleased to set aside the concurrent orders of a session court and BOMBAY HIGH COURT...................Includes the FEMALE RELATIVES OF HUSBAND OR THE MALE PARTNER in the proceedings under D.V.ACT,
IN a case :SANDHYA MANOJ WANKHADE
VS
MANOJ BHIMRAO WANKHADE(HUSBAND)
SMT. RAMABAI (MOTHER-IN-LAW)
SMT. ........(SIS.-IN.LAW)
REGARDS,
SIBASISH PATTANAYAK, ADVOCATE.(PL.POSTTHIS JUDGEMENT)
Anonymous
20 February 2011 at 17:33
I was surfing on District Court website, Maharashtra Division, Thane District, Kalyan Taluka hosted and managed by NIC. Every year all most 600 marriage petitions were submitted by petitioners either for Mutual Consent Divorce or otherwise. Many of them decided within 6-8 months, 12-18 months etc. I am of the opinion that time taken to decided case should be made compulsory and divorce is given within shortest possible time. In some case parties to dispute get judgment after 4-5 years mean while there golden days and time of enjoyment is over. Also more family courts should be established.
I pray for all these that God give them nice thoughts and forgetting differences between them and taking lesson from past, have compromise and have better marriage life in future.
While checking disposed cases I come across following terms. I want experts and other faculties to throw some light on following so that it easy to understand meaning of the said terms.
Case status / Nature of Disposal
• Case Disposed / Contested – Otherwise
• Case Disposed / Contested – Judgment
• Case Disposed / Uncontested – Otherwise
• Case Disposed / Contested – Dismissed
• Case Disposed / Contested – Compromised
It will be easier to understand if explained with example. I have also put this query under another head but no reply is received hence I am asking again this query.
Thanks
Anonymous
20 February 2011 at 17:18
I am in defence service & married 8 months ago. The general behaviour of my wife(age-24) is not good. She does not know how to behave with someone. Or we can say she does not have common sense. Moreover, one day she told that "Mujhe to apno ne luta gairo me kaha dum tha." Then i got doubt. She told me after repeatedly asking by me that she was raped by her father 4 times in last 4 years before marriage and aborted 2 times also. Her mother & sister(married) only know about it. Now she is normal with her parents. But when i say anything to her she threats me that she will do suicide & attempted also. I am in extremely tense. My questions are: 1. Can i divorce her without maintenance? 2. What should be the ground? 3. How can i prove her rape if she refuses later? 4. Can her father be punished? Kindly advice me.
Anonymous
20 February 2011 at 17:16
I am in defence service & married 8 months ago. The general behaviour of my wife(age-24) is not good. She does not know how to behave with someone. Or we can say she does not have common sense. Moreover, one day she told that "Mujhe to apno ne luta gairo me kaha dum tha." Then i got doubt. She told me after repeatedly asking by me that she was raped by her father 4 times in last 4 years before marriage and aborted 2 times also. Her mother & sister(married) only know about it. Now she is normal with her parents. But when i say anything to her she threats me that she will do suicide & attempted also. I am in extremely tense. My questions are: 1. Can i divorce her without maintenance? 2. What should be the ground? 3. How can i prove her rape if she refuses later? 4. Can her father be punished? Kindly advice me.
sachin
19 February 2011 at 22:56
Respected Sir,
For my grand father there are 3 sons and 2 daughters.I'm the son of third son.My father died in 2004. we belong to Hindu Religion.
In 1979 fist son took his property share (1/3) and made registration to his name in 1979 only.
In 1991 remained property is divided between second and third son equally.at this time property divided detailed LETTER is made and gave to FIRST SON to keep.
now we and second son are all have decided to get registration and went to secretory office. but secretory officer asked to submit that property divided detailed LETTER and also asked to bring First son to office for signature.
But First Son Denied to give Property divided detailed LETTER and also denied to come to office for signature.This is one main problem.
One more problem is one of the daughter of my grand father also asking share in property.She married in 1975.
So my questions are 1Q)Is there any way to get registration without that property divided letter? 2Q)can I get justice if I go to court about this First son cheating us and that letter? 3Q)can court provide a order for registration without that letter?
4Q)Is daughter of my grand father is entitled for share in property now?
Any suggestion is much appreciated and Thankful.
(sorry for my english)
Anonymous
19 February 2011 at 19:08
Sir,
Please give suggestions after reading the following messages:
I filled divorce petition on May, 2009 due to mental cruelty and given exparte judgement for me. But after six months, the case has been reopened by the wife in the court.
Meanwhile Maintenance case is also filled by her in another court where she was worked on August, 2010.
Now, the divorce case is in progress and Maintenance case is also progress in another court (her working place).
Meanwhile, she resigned their private job and gone to her mother place. and Now, she filled petition for restitution of conjugal rights under Sec. 9 in the court where divorce case is going on.
Now I need following clarifications:
1. Is there any valid for RCR petition in the progress of divorce case?
2. Is there any impact on maintenance case, because her RCR petition stated that , "currently she is not in job (resgined)" for getting more maintenance?
3. If divorce granted, what will be status of RCR petition?
Tsaran
Anonymous
19 February 2011 at 17:08
I am respondent in matrimonial case and defending myself without lawyer. There are fake allegations of demanding dowry and physical as well as mental harassment for the same.
I have photos of my engagement as on 01.10.2008, wedding ceremony as on 28.12.2008 and honeymoon as on 13.03.2009 to 26.03.2009. There is two-three other photographs of various occasions after marriage. In every subsequent photo she is looking more glorious, fresh and graceful.
Now my query is that with the help of these photos can I argue in the Court that if my wife has physical and mental torture / harassment, than in such a situation can she look so much glorious, fresh and graceful? How much these photos can stand in the Court?
Can these be used as supporting proof / evidence?
Anonymous
19 February 2011 at 16:21
Hi
My name is Prabhakar. Working in PVT industry I am married a girl ( arranged marriage) in 09.03.2008 to one of my close relatives.
After marriage me and my wife stayed together with my parents for 1 year and we didn’t have a single dispute between us.
Before our marriage my wife use to run a bangles store. My salary was enough for my family to go smoothly. But she instead my rather I say she has brought the situation which rather I don’t want to say that In brief . So I have to agree to go separate with my parents.
Before taking the shop to our custody from my father in law. There was no material in shop all that remained was furniture. We never asked single amount from my father in law for investment.
I have started investing money in shop having trust and faith in my wife. She us to run the shop and I use to go office. I have given enough financial liberty.
Till now we have no kids because of my health problem which is called cyst in seminal vesicle which is curable. I never hidden this fact with my wife she also knows this problem. So she use to abuse me with bad words. For this we use to have fight.
I have cleared told her if she doesn’t have satisfaction she may leave or give divorce . But she insisted to stay with me. I want to put there issue before there parents and my parents
She emotionally black mailed me that her father have HEART Problem and if he knows the fact about her he will die. So keeping in that mind I kept quite. And was waiting for her to change her behavior.
One day from morning to night 9:00pm she left the house without informing me or my parents or her parents. She was not with their parents, friends relatives,
And she called my on my mobile phone and threaten me that she is going to die every 10 mins I was rather upset I could not leave the office
When we cross checked with her parents they have told us that this is the first time she left the home after all these when we called her parents they have told that she is at home at 9:30pm till time they we not even bother to inform us that she came back to home or rather where she went.
So we thought to discuss the reason why she have left the home but she came back to parents told sorry. And instead us that she will not do such kind of things in future.
But she never changed her self still use to fight with me abuse me. So keeping in mind that we should have our parents with us then only we will have control our fight . We asked my parents to stay along with us. For which they have agreed.
After my parents joined us. She asked us to invest more amount in shop to have good income for which we have trusted and invested the same. After four days of investing the amount. She started to fight again with me.
On 14/04/2010 day she called her father that she wants to give divorce to me. For which her kept quite not even asked the reason why she wants to give divorce. Simply took her from my home.
When my father went to my father in law he hit him and abused him and said to leave the area or else he will break our legs ( he was retired police constable) . He came back to home without saying anything.
After that called the person who has brought this relation to our family. When that person came to discuss what is problem we has not agree to say any word or discuss the problem.
Till date we have sent lots of relatives to my father in laws house but he was not giving any proper response. But my wife calls frequently on my mobile . But when ever the topic comes that come for family life. She rather disconnects the phone or starts fighting me and abuses me.
We went along with relatives to talk with my father in law try to settle the matter. But when we went my father in law again started to beat me and my mother in law and my wife started to abuse me my father and mother.
We kept quiet and asked what intention is there. He said that they are ready to give divorce with mutual understanding come after couple of days .
And after couple of day again he called us that he and my wife are ready to sign on divorce paper. When we went along with our relative again they started to fighting and abusing with me and my parents.
Now this time they are demanding money to sign on divorce paper. We have already invested amount of One lakh on shop where is have not used that money on family
Her father has taken money from my father before these dispute between us
On shop she use to have monthly chits of One lakh.
Please suggest me that how to defend my self dowry harassment?
And will I get divorce without paying single amount to my wife. Because she have earned lot of money more than 4 lakhs.
Till date she have not given any dowry harassment case against me
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does personal appearance befoe judge necessary for civil injunction suit
I want to file civil injunction suit against my wife and my inlaws as they are forcibly remarrying her.My permanent residence is in westbengal..Now my question is can my lawyer file the injunction suit on my behalf from westbengal or will I have to appear before judge in person to file it?Note that the girls residence is in jharkhand.but my permanent residence is in westbengal. So if the injunction is passed it will go from Bengal to jharkhand.is it possible.