Manoj Warrier
01 November 2010 at 11:56
Dear Sir,
Thanks for all the answers given by experts. My next query is .. I amworking in Salem ( TN ) for the last 2 years and I have filed a divorce in Salem FC. My wife is from Kannur ( Kerala ) . I filed the case in May 2010. She left my house in Feb-2010 and then in the mnth of May i filed the divorce. They eventually filed a 498-A, MC in my name in Kannur in the month of June 2010. The FIR was completely fabricated. Now what has happened is they have approached the Supreme court in Madras for a stay and transfer of case to Kerala.. The Salem FC is waiting for the order mean while the case has been posted on Dec-23. Now could you please suggest me if I could ask in for a stay order since working in Salem and the kind of resposibility I am having is huge. The next thing is they have attended the hearing only once in salem court.. but i have been going to kannur for all my cases.. expecting an answer from the experts.. They are actually playing with my life and asking huge kind of money from me to sign the divorce ( 18 Lacs ).. pls suggest...
Anonymous
01 November 2010 at 09:01
In the month of September 2010 the petitioner wife has filed application for maintenance of minor child (aged 4.5 years)residing with her since april 2007 (separated spouse). She said in application that the child is studying in school so needs Rs 4000 p.m expenses and Rs 8000 as litigation expense. The respondent husband got the certificate from school that child is not coming in the said school from april 2010 and no response is received from the parents regarding this. The school leaving certificate is not taken from school. According to information of respondent child is not studying in any school.
There is divorce case in court by the petitioner wife. The wife is in government job and drawing Rs. 9200 per month. On the same basis a case for her maintenance has been finished by just to give her Rs. 2000 one time for litigation expenses as her salary certificate was produced in the court.
The responent is in selfless social service and has no source of income.
Can respondent file any case against her for giving false information (regarding child)to simply harassing him. If yes under which rule ?
ganesh
31 October 2010 at 23:14
whether a suit for partial partition is maintainable in law? plz quote me citations
Anonymous
31 October 2010 at 18:58
respected all,
my client (husband) obtained a ex-parte divorce decree from his town u/s 13 HMA the wife didnt appear in the case.he filed the suit in june 2009 ane got decree in 2010 march. then the husband did second marriage in june 2010. in the mean time the wife intituted the case u/s 498a in her town that is in august 2009 most probally when she recived summon for divorce case.she is doing highly paid job in a college.the husband is currently living in abroad and doing jobwith his second wife .the husband and the first wife were living seperately from 2006.case is done on husband, father in law and mother in law.mother in law is ill and permanent handicapped.father in law is also 70 year old man.
now my query is :
1)how can i file bail of husband he is abroad who will execute the bail bond.
2)what is the chance of quashing the case as allegation is also only about mental cruelty no demand of dowry.
3)any relevent judgement for trail or also for quashing.
Anonymous
30 October 2010 at 22:47
mr.barman,actually i am the one who has asked for annulment and now my wife is accepting the same but without allegations .can the judge give the decree? If so, i will have no hold on her to take back the 498A case.how should i handle the situation.
Anonymous
30 October 2010 at 20:22
I have asked for annulment of marriage on grounds of non consumation due to medical problemsof my wife which were supressed.now my wife is producing medical certificates dated before i filed for nullity.She now claims that the marriage was not consummated because i have medical problems.in order to prove herself she is willing to go through medicals again or is demanding annulment of marriage without allegations.can she succeed in it.and if she succeeds what happens to the 498A which she has filed on me and my family?experts ,please advice.
vinod bansal
30 October 2010 at 20:07
R/Members LCI
My client's wife has filed a petition under section 9 of HMA earlier a joint petition was filed at Ambala for divorce by mutual consent,but at the time of 2nd motion statement after 6 month period,wife resile from her earlier statement and refused to give her conset for passing a decree by mutual consent,than husband contested this petition and prayed for passing a decree of divorce ,ultimately court on merits dismissed the joint petition and thereafter wife filed petition under sec 9 of HMA which is now pending for 13/11/2010 for summoning of Husband/respondent,summons are not received by husband till date.It is admitted case of parties that both are residing seprately since last more than two year.Now husband wants to file a divorce petition on the ground of sepration and cruelty.Wife is residing at Ambala and Husband is residing at Jind.Wife has filed petition at Ambala.Husband wants to file his petition at Jind.What is legal preposition regarding clubbing of both petition.Husband can file his fresh petition at Jind seprately or he have to seek/claim of divorce on the ground of desertion and cruelty in the petition under section 9 filed by his wife.if husband file petition at jind than district judge jind can direct the husband to contest and seek divorce by joining wife's petition at Ambala or wife have to move to Highcourt for transfer of husband petition at Ambala as she has filed her petition earlier to her husband. Kindly advice.Thanx
Anonymous
30 October 2010 at 19:07
My younger brother has died in a road accident on 3rd of March 2009. He was married and has two children, one daughter aged 6 years and a son aged 1year (son is born after his death). His wife does not want to live the us. At present she is living with her father. Can my parents or/and I claim for children adaptation? I want to adopt both or any one child as my child. I have two daughters one is 12 years and another is 7 years old. Please advice me how can i or my parents can adopt them?
Hitender Gaur
30 October 2010 at 11:57
What is the status of Hindu Succession law after Amemd. in 2005 (39) and addition of sect./Article 6 later on, if father changed his religion? daughters/sons changed their religion? Is it also applicable on those. In the sight of Law what is the defination of Hindu. Is this law not applicable on Sikhs, Cristiens, of Mohhamdons.
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How to fight against 3-DPA & 4-DPA
Hi Experts,
My wife registered 3-DPA, 4-DPA in addition to 498A & 34-IPC. My wife is a house wife.My FIL is working in UCO Bank as Ast. Manager & MIL is a house wife. Their family consists of elder daughter (married) , younger my 498 wife and one son studying Engineering in a private college.
In FIR my wife stated his father has given 10 Lakhs cash as dowry, 250 grams gold in addition to other fabricated allegations.
(Actually they had given 2 lakhs as dowry & 120 grams of gold which she already took away in addition to the gold of my mum & sister.)
As per the law giving/taking dowry is a crime. Kindly suggest me the steps to fight against 3-DPA & 4-DPA acts...?