Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous   13 January 2011 at 19:34

reg. 498a

I want to know whether a divorced wife can use 498a against her divorced husband ?

Anonymous   13 January 2011 at 16:16

Help Required

Respected sir,

First of all I qwould like to thank all of you for the best advices as well as co-operation rendered to me.

Secondly Kindly provide me the following information that 1. Is it true that child below 14 years given any statement is not valid as Per Guardian and Ward Act. 25. If it is true then kindly let me now where is is written as I could see this.

My evidance was closed as I was not knowing that what I have to do for that in absence of my Ld. couynsel. Is there any way that it can be reopened . Request advice. And there there any way to cvll up additional evidances.

As the charges were already framed. Now can I request know for the additional charges to be frame. The respondent evidence have not submitted to the court till date.

In case I want to submit some more documents on record what I have to do for that.

Request advice.


With regards





Anonymous   13 January 2011 at 15:50

Dowry

Whether additional dowry is within the ambit of dowry, citations please?

Anonymous   13 January 2011 at 15:48

Maintenance

Both spouses are working at high posts and they are in litigation and who is entitled to get maintenance? Throw some light in this aspect?

Anonymous   13 January 2011 at 15:46

Wife second

whether second wife is entitled to get maintenance?

Anonymous   13 January 2011 at 15:44

Reservation

Whether there can be reservation on the basis of marriage into another reserved category?

Anonymous   13 January 2011 at 15:41

Maintenance

Dear All, tell the different aspects of Maintenance in all religions and what are the safeguards for the same.

Kamal Grover   13 January 2011 at 13:10

Happy Lohari

Happy lohri to all of you.
May this lohri brings lots of happiness and joy in your life and burns all your sorrows and problems.
Good luck
Adv.kamal.grover@gmail.com

neel   13 January 2011 at 10:12

Inspite of stay App wife allowed to withdraw maint!!

Interim Maint case sec 24 of HMA (I am a husband respondent in divorce case)

Wife awarded interim maint.

During the subsequent hearing date, Judge asked to pay arrears after opponent's lawyer pressed forcefully for it.

I paid the arrears by borrowing money.

Yesterday (27th day as per limtation) I filed application for two Application:

Application 1:
'Nullity of Order to call it null and void(recall of interim order for 'fraud on court') with cogent proofs of wife's bank account etc and all the details of her lies captured in 'Order' vide Sec 151 /Contempt of Court etc.
(There are citations available of HC but not of Bomabay HC)

And an interrogatory also to admit the bank statement proofs.


Applicatin 2:
Application for stay of execution of 'order of interim Maint' vide O21 R 26 and 29 and O41 R 5


Hon Judge gave next hearing date for on 'say on exhibit' to Feb-2011.


On the same hearing day in the afternoon, Hon Judge allowed wife's withdrawls of maintenance to withdraw 10000 from the deposited amount at court!!! she withdrew that money and she is going to withdraw every day all money by Feb-2011.





What's the use of Stay of Execution application then??? Plese help me I am not able to under stand what's happening out here!!





Today I had gone to file 'Review Application' at the same Court ( that time I got to know about withdrawl!!! )with cogent reasons of review (error on face of record, new startling evidence which also amount to fraud on court to availl relief)


I was stunned to see that she withdrawing the money in spite of the application.


Please advise me urgently. Thanks!! I still have 1 day (i.e. tomorrow) left for limitation period of 30 days of 'Review'



How will this Amount be adjusted in future at least?

Anonymous   13 January 2011 at 05:42

Framing of issues

In my divorce case, my wife has made following allegations -

1 that she was mentally tortured from the very beginning by making baseless allegations on her character (No description of any specific allegation, date, time, place etc. No evidence provided)

2 That I had asked her to get out of my house in 2006 (No details like date etc) but had called her back after 10 days)

3 That I had thrown her out of the house about 7 months back ( no specific details provided; no evidences)

I had pleaded in the reply that the plaint be dismissed because it makes vague and ambiguous allegations that cannot be responded in an informed manner. I had also specifically denied these allegations.

2 My second ground was that there is unexplained and undue delay in filing of the petition.

there were several other grounds given by me including the fact that it is malafide, it is filed to hide her own faults etc.

Court has filed following issues-

1 Was the wife tortured by the husband?

2 Whether she is entitled for the divorce?

3 Expenses.


Can court frame vague issues that cannot be responded in an informed manner?

Can I ask for dismissal of the petition and if it is not possible then reframing of issues?

Shouldn't point raised by me be part of the issues?