Anonymous
29 November 2010 at 21:22
Iam deserted by my inlaws & husband. Presently iam living with my parents. Iam not working, not earning.I have joined a course for further studies. I want to patch up with my husband but my husband and my inlaws are not ready to accept me. So i have already filed a case for maintenance under section 125 crpc, and its hearing is dated next month, so my question is
1- can i file a case of PWDV now????? when i have already filed a maintenance case on my husband . Will that be meaningful ?????
glenn
29 November 2010 at 19:57
Sir
I would like to have a draft of the divorce petition to be filed u/s 10A of the indian divorce act in the family court at bandra, Mumbai.
I would also like to know what all documents re required for filing the petition. and also the procedure
Thanks
Glenn D'Souza
Anonymous
29 November 2010 at 17:18
bridegroom resides in surat. bride resides at ahmednagar. whether marriage can be registered at surat?
Anonymous
29 November 2010 at 15:01
I request all of them, kindly send your comments / suggestion / proofs / news paper cutttings / to the committee which was contitute under the chairmanship of M.P.Rajya Sabha Mr.Koshiyari regarding to rid / ammendments "Ruthless Act of 498A" .So that we can save indian culture or save indian families from such acts.
COMMITTEE DETAILS ARE AS UNDER :-
COMMITTEE ON PETITIONS
Petition praying for amendments in Section 498A of IPC.
**********
The Committee on Petitions of the Rajya Sabha, under the Chairmanship of Shri Bhagat Singh Koshyari, Member, Rajya Sabha, is considering a petition praying for amendments in Section 498A of Indian Penal Code, 1860. The petitioner in his petition has pointed out the extensive abuse and misuse of this provision of the Penal Code. According to the petitioner, the abused population undergoes tremendous harassment and torture. As these provisions of the penal code presently go, a complaint without much authenticity or any weight of evidence is enough to arrest the husband or the in-laws or anyone else named in the complaint, irrespective of whether any crime has taken place or not. The petitioner, accordingly, has prayed for suitable modification in section 498A of Penal Code so as to check its abuse and protect the interest of innocent persons.
2. The petition is available on the Rajya Sabha's website (www.rajyasabha.nic.in) under the link: Committees → Standing Committees → Committee on Petitions → Petitions with the Committee.
3. The Committee has decided to undertake consultations with a wide cross-section of the society and invites written memoranda thereon. Those desirous of submitting memoranda to the Committee may send two copies (each in English and Hindi) thereof to Shri Rakesh Naithani, Joint Director, Rajya Sabha Secretariat, Parliament House Annexe, New Delhi – 110 001 (Tel: 011-23035433(O), 23794328 (Telefax) and E-mail: rsc2pet@sansad.nic.in) latest by 30th December, 2010.
4. Comments/suggestions, etc. submitted to the Committee would form part of its record and would be treated as confidential. Any violation in this regard may attract breach of privilege of the Committee.
5. Those who are willing to appear before the Committee besides submitting written comments/suggestions may indicate so. However, the Committee’s decision in this regard shall be final.
**********
To:
The Council of States (Rajya Sabha)
The petition of Dr. Anupama Singh a medical doctor and a resident of Hauz Khas, New Delhi.
Sheweth,
1. That Section 498A was inserted in Indian Penal Code in 1983 to protect married Indian women from cruelty, including dowry harassment. The offence under this section is cognizable, non-bailable, non-compoundable with provision to lodge a complaint against the husband or any relative of the husband of the women. The section reads as hereunder:-
“Whoever, being the husband or the relative of the husband of a woman, subjects such women to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.”
C.A Alok Mukherjee
29 November 2010 at 14:38
We were married in 1998 socially, we have a kid who is now 12 years. We have not done marriage registration earlier can we do it now? Everybody telling us to get it registered because of certain advantages. Can you please put a light on it?
Anonymous
29 November 2010 at 13:37
Dear Experts,
My wife has filed a case of DV act 12. She has demanded Rs 30000 per month. I am getting a salary of Rs. 53000/- Currently I am paying Rs. 9000 EMI for my personal loan.
She has files false 498A case. With the help of mediators I and My wife has filed a mutual divorce. In the agreement I have committed to give 9 Lacs her. According to agreement I have already paid her 4.5 Lacs. But now she is claiming for Rs. 30000 per month as maintenance. I would like to know how much maintenance amount she is illegible for and what are the factors on which this maintenance is dependent. She is well educated Msc, B.Ed. She has potential to earn and maintain herself. We don't have any child.
Thanks.
Anonymous
29 November 2010 at 10:50
I got married with my uncle's(maternal) daughter(Court Marriage). i want to know whether it is valid.Please reply fast. I am from maharashtra.
Anonymous
28 November 2010 at 20:21
Mother had left property leaving four sons and four daughters. Later four sons transferred the property in their name and got ROR.Three sons have already expired.Legal heirs of the deceased sons claiming the properties to be ancestral property and asking for shares as per hindu law.Whether the property to be divided into four shares(as the ROR is in the name of four sons or the legal heirs of deceased son will have equal shares with the leaving son.
Anonymous
28 November 2010 at 14:16
in male child custody matter child is now two years old father has demanded custody of child. for last four session wife did not produced her reply say on such now the court has took the matter on order, my lawyer said its will be difficult to win the child custody even the wife had not filed reply it may happen that the court may grant maximum visitation but will not order the custody of child to father as the child is only two years old.
question is
1. if the court will order ex party custody to father will the wife has right to appeal even she had not filed reply of fist court?
2. if the court grants only visitation is the husband is have right to appeal to upper court for custody of child as wife not filed her reply at first stage?
3. if either visitation or custody or both will be denied then what action is possible against such order are available to both the parties?
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125 crpc
I have my hearing on 21 Dec for 125 Crpc.
1.I filed a Divorce petition on April 2010.She filed a maintainence case on Nov 2010.My wife has mentioned that she left her matrimonial home on 22Feb 2010 due to DV.We both only used to stay.
I was working on ship prior to her leaving home, i can prove that with my immigration stamp on my passport n flight tkts.
2.Also she has stated a false allegation, that she was forced to pay 2.9 lacs from her father on my account to book a flat and she attached a bank deposit slip.
The actual fact is that as i was on ship,I told my father in law to sell my car.The buyer paid 2.9 lacs cash to dad in law, the same was deposited by my wife.I have a written statement from the buyer that he paid 2.9 lacs rs cash to my father in law in order to purchase my car, also other forms signed by my father in law Form 30.
3.She also said that she paid 1 lac rs to the builder from her account to book a falt on my name.
Actually i told my father in law to sell some of my jewellery ,given by my parents to book a flat for early discount as i was on ship.he sold the same and deposited the money on his daughters account, from where it was paid to the builder.
I am not yet able to prove the same, as i am yet looking for the those jewellery certificates.The money was paid in cheque by the jewellery shop to her account.
4.I am suffering from 2 slip discs on my lumbar spine, i have the MRI reports and other reports from other ortho doctors.
5.Also as i am in merchant navy she has asked for an alimony of 78k per month.my job is contractual and generally go to ship less often due to my back problem.
6.I want to file a case for all these false allegations.Should i file 340 Crpc or what should i do.
7.I am mentally tired.I have no 498A case pending against me.But she has mentioned physical n mental torture in her 125 crpc petition.