aisha
12 November 2010 at 10:21
I have moved an application for declaration of wife's name in distt court to order department where my husband has given wrong wife's name to order them to update wife name ie me. Respondents are that department (state govt), my husband. Now my husband has filed reply denying the allegation and saying that i dont have any legal relation with him and he is married to that other women only and he has rightly given her name as she is his wife. He is alleging that he was under impression that he got married to me on 23/8/1996 thats why he filed divorce pet in 2006 , but he is alleging that i denied that marriage in the court ( there is one my reply to divorce pet where it has been denied by mistake , but when my evidences were recorded on later stage i had admitted my marriage on july 1996 as well as 2005 )and said that i said that got married to him on 30/8/2005 only, thats why he withdrew that divorce case.THe fact is that he withdrew case after high court order to enhance my maintenance And that i forced him to contract marriage on 30/8/2005 and that marriage cant be legal as he is already married to other lady on nov 1996.
He is just messing up the case.I have also filed bigamy complaint in another court. I am also getting maintenance in domestic violence case since 2008 and also pending same revision in highcourt for enhancing amount.
Now i am very disturbed , i dont know what going to the fate of my cases and me?
Can anybody keep on changing statments like this ??
Is not he liable to be punished for all this ???????
Plz also gothrough my earlier querry which i am also coying heredown.
(I got married in july 1996 n a temple / court ( but the marrge certificate was found forged lateron ) .As my husband was denying marriage with me and was leaving with other lady,In 2004 i moved a complant in dist court u/s 376 /494 etc and case was registered against him . in 2006 after relising that he is in trouble he/ his relative approched for compromise and promised to behave in future and gave affidavit in the court that he is only married to me and he has not perfomed second marriage.And that lady also gave affidavit in dist court that she is not married to my husband and my husband also gave affidavit in high court that he is married to me since july 1996 where he had moved application for quashing the said FIR(however that was not quashed) and also gave affidavit in distt court that he is married to me only and nothing to do wth othr lady.He also married me again in aug 2005 according to Hindu rites.
As the matter was compromised we were living together i soften my statnd and he was aquited in nov 2005 and court held that i am his legally wedded wife and second marriage was not proved so no offence was madeout.
He again deserted me feb 2006 and filed divorce case in march 2006 which has been dismissed as withdrwan in oct2008 as to avoid paying maintenance to me . Now He is living with that lady and introdusing her his wife everywhere . He also admitted in divorce case that he has given her name "other lady" in difeerent documents when he was confronted with passport and one biodata given to some govt dept.I have proof of documnets where other women's name is written as his wife his
passport ,
Biodata sumited in Govt dept ,
Affidavit giving his / wife property details to Election Dept in Sep 2009.
While cross examing in Divorce case he also admitted his marrige with that lady when he was confronted with above documents
That lady has also made voter card with husband as my husband
While disposing off Domestic violence case in 2008 filed by me Add Session Judge also held that he has commited the offence of bigamy
He has completely ruined my life.Now i want to file case against my husband and also that other lady
My querries :
1.Can the above proof are enough to prove bigamy (as i dont have their mariage pic etc)??????
2. if i file bigamy case, can i make other women party or witness
3. can any offence is made out against other women
4. what other action i can take againt both of them )
paban kumar
12 November 2010 at 01:40
Hello Sir,
my name is Bimala Kumari and my religion is hindu. i have a query to ask you. it is related to my family property. hope you can help me out.
my expired father had five daughter including me and no son. four of the daughter were married and one remained unmarried with my mother. since one of my married sister and her husband expired, their two son also lives with my mother along with my unmarried sister. now since they are grown up they use to see after my mother's family. my father had left almost 20 acres of land. now almost 5 acres of land were sold by my unmarried sister without notifying our remaining sisters. i want to ask you sir if we three married sisters have any legal rights to get any partition from the remaining land.
seeking for your helpful reply... THANKS
ananthalaxmi
11 November 2010 at 18:58
mother can adopted his major son to his second husband with consent of his divorced husband that son is divorced husband's son he has given his concent with notery with that notery she can adopted her son to his second husband
Anonymous
11 November 2010 at 18:39
Respected Learned people, Need your inputs on three questions. Pls shower your thoughts.
1. Husband files an RCR and sends a copy to wife. Later he learns that the general process is that copy of the RCR along with the summon to appear on the date of hearing would be sent by the court itself to the respondent. Is it true that courts would automatically send a copy of the RCR to the respondent and there is no need for the petitioner to send it?? Also, Is it wrong to bye pass the court procedure of sending the RCR??? Supposing if the Summon and RCR doesnt reach the respondent on time (i.e assuming it reaches after the date of hearing) how would the respondent know when to appear in the court??
2. Husband lives in an joint family along with Father, mother, brother & sister in law. Husband files an RCR, Wife submits an objection stating that she is willing to join the husband if a separate house is set up for her and huband. Husband doesnt perfer nuclear family. How should husband react in such situations?
Reason for asking separte house: Few minor fire accidents at home & there is an open ground in front of the house and there are lot of insects & musquitos (in extreme occassional instances small snakes)
3. Husband lives in an joint family along with Father, mother, brother & sister in law. Husband files an RCR, Wife submits an objection stating that she is not willing to join the husband in the house where they are currently living but only in a new house (joint family is also fine). Reasons are the same as above. But husband doesnt want to move out of the house as its their own house, they have been staying in the house for the past 30 yrs and these things have never occured before.
Pls advise
Anonymous
11 November 2010 at 17:41
Girl side filed FIR under section 498A. iN UP. And in mediation both husband and wife decided to live together with some illogical conditions.
As per demand of wife we have returned the pending Istridhan to them and taken acknowledgment from them.
Now they want acknowledgment back so that they can submitt it to mediation center in allahabad for quashing of FIR
Pls advise how can i give this to them.
Should i keep one copy attestedby notary or any other method.
Anonymous
11 November 2010 at 13:31
Respected Sirs,
Husband in his divorce petition put allegation on respondent wife that her behavior ABNORMAL,rude,cruel,harashful.while wife is medically fit,not abnormal.It is medical term ABNORMAL or anything legal term.Can we take benefit of this word in evidence stage to cross the party.
Please answer me.
tahnks in advance
ksvrajuadv
11 November 2010 at 13:07
Dear Experts,
I need ur kind help,can we exebit photocopy of the document crossing the witness?
thanks
varinder
Advocate Ashish Ranjan Samal
11 November 2010 at 12:22
Dear Sir,
I got summon send by my sister's Husband to dissolve the marriage of my sister also false accuse like theft of money, jewelery and others, what can i do
in the notice no court fees or stamp paper
what can i do ?
plz suggest
raahat
10 November 2010 at 18:30
Dear Experts,
My wife filed a petition U/s 125 crpc as well as a case U/s 498/406 IPC She also filed a suit of RCR which was dismissed as infractuas being not maintainable by the civil court. She also filed a petition U/S 3 of Muslim Women (Protection Right on Divorce) 1986 in which is accepted the divorce but later she withdrawn the same after the dismissal of the RCR and she also started to denied the factum of divorce. The Court has awarded her interim maintainance Rs.4000/- pm and the main petition is on crossing stage of PE. I could not get the opportunity for evidence so in the 125 crpc so i applied 311 crpc which was dismissed. In 125 my wife claiming dt i m earning Rs. 40,0000/- on the other hand in 498-A/406 she is claiming that i m doing nothing and she has maintained to me by doing service but she later denied that she is working although i have placed on record the ESIC certificate but court has overlooked the same. I have divorced as per shariat law but the court insisting on evidence although i have placed all the evidence like Talak-Nama, the reciept of the post.I have served the 13 months JD custody for the non payment of maintainance and her dues is around more than 3 lacs. 6 execution is pehding against me.Can court send me jail / order for attachement once again against the non payment of dues U/s 125.I m absolutly dipressed and at the edge of deteotriation. Although i m paying her on each court date but the court asking me for the balance maintainance.
I filed the revision in the session court right after the interim maintanace order but the same was dismissed. Can i again go for the revision ? if yes, where i file the revision ? it is pertinent to mention here that session court has refused to stay on execution for the payment of maintainance.
Kindly note it that after the interim maintainance order i filed the revision in the session court. The same was dissmissed. I also filed the revision in the Honble High Court against the withdrawl order of the Section 3 of Muslim Women Protection act because in Restitution petition the civil court has accepted that divorce has been effected on ground the defendent (Wife) has herself mentioned the divorce in her Sec 3 (MWPA) 1986 and asking for ailomony for herself.But High Court also dismissed the same as the trial court has open for both parties to lead evidence on divorce in 125 crpc.
1) I want to know whether legal divorce has been effected or not?
2) Is it be beneficial to me file a revison on the present stage of evidence in 125 Crpc as well as in 498-A ?
3) I also want to file an application for the DNA test of one of the defendemt whom i m not the biological father in 125 crpc, will it effect the case?
4) Under what provision can i file the DNA application ? is there any citation on this ?
5) Can the wife also booked the husband Under DV Act after all the above mentioned circumtances and cases ?
6)What remidies are in law for such above mention situations ?
I hope ur worthy guidence/suggestions/advice will help me to over came the tauma i m undergoing for last 10 yrs and still awaiting for the relief.
I will highly appreciate the efforts of respected experts are also wellcome their valuable/worthy suggestions.
Ur adivce in this regard requested and guide me at very earliest. its my request to all the experts kindly consider all facts mention in the Q and advice me accordingly.
With Regards from my heart.
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Nullity
As me and my wife got register marriage last year based on the assurance given by them(wife prents) that the conventional marriage will be done soon (as it is a arrange one, got acceptance fron both the parents), now my wife parents are not ready for getting conventional marrriage saying that alredy leagally marriage is done, and they filed a false vakalth for nullity by parents force. But I am interesed to lead life with my wife, does court will cosider for nullity
Register marriage happned based on mutual understanding between me,wife and their parents.(their prents gave assurance that they wont disclose the matter to my parents),ans we both were staying seperate in their homes,as my parents were not know these incidents they were asking their parents for conventional marriage,
They filed a false vakalath, that me and my parents fored them to get register marriage because of dowry interest. so they want to nullify the marriage, as it a fraud.
We are in the mediation process, she has accepted to come with me based on condition, with a fixed deposite for security in her name an amount 2.5 lack, or else she is ready to nullify.stating that I am not taken care of her since from register marriage.
still I am confused in these money matter, as their parents did not send her to my home, whhy I need to part money to her.