Anonymous
24 September 2010 at 17:23
After taking Divorce six months has been passed then a lady filed a case of domestic violence against her ex husband? is it maintainable? Kindly give current ruling in this point.
thanx
Gaurav Nanda
24 September 2010 at 14:02
This case is of of my uncle...........who is 59 years old,working in merchant navy, his wife is about 55 years of age. From last 13 years different cases are pending against him in different courts....like criminal case involving sections 406,498A........then civil cases of maintenance.......in criminal case even the stage of charge has not begun,seeing it a family matter the magistrate sent the case to mediation. In mediation both the parties have agreed, my uncle has fulfilled the demands of his wife, he has bought her a new flat on her name and agreed to give her maintenance of 30,000 per month..........my uncle has one more house in which he is living and the new house which he bought is on his wife's name.....now in return his wife has also agreed that she soon will apply to Delhi high court for quashing of criminal charges.
Both the parties have also agreed that after the cases are over by quashing they will not come to each others residences (they have different houses) ,further they will live separately and will not claim right in each others property.
So till now everything is going fine.........but now when the case for quashing will go to high court.... then the court will ask the parties that whether they want compromise or divorce or judicial separation? Now looking at the terms of their agreement (i.e. they will not come to each others residences,further they will live separately) it does not look that parties want compromise......further they don't want divorce because both parties think that at the age of above 55 they have lived their lives.....they don't want divorce at this point........judicial separation is also not an option because ultimately it will also gives right to one party to file for divorce after expiry of one year, which neither party wants.
In reality the parties want to maintain their present status i.e. they don't want divorce or judicial separation, further they don't want compromise in strict sense giving right to other party to sue for RCR as both parties cant tolerate each other living under one roof.
What they want is to remain husband and wife in eyes of law and society, yet living at their separate residences.
Now my question to you is what these parties should do (when court ask them at quashing proceedings) are they suppose to say compromise or is their any different legal term/section besides judicial separation, divorce which these parties can use to describe the status they want to maintain........ or compromise is the only relevant term..............Any other advice most welcome.
Biswajit Mandal
24 September 2010 at 08:59
Dear Sir,
A 498A is filed against me in Sept 1995. Maintaince started U/s 125 Cr.P C
@ Rs.2500/-(1500+1000) for wife and daughter. I filed Divorced in 1999 and got degree on contest in 2003.I got acquittal of 498A in 2005. Maintaince enhanced to Rs.2900. P.M. in 2004.
Now I marry again in 2004.have a baby of 4 yrs. I am a Central Govt employee and got Rs.32,000/ P.M as salary.I have a House building Bank loan of 15 lakh. EMI is Rs.15,000/ . Now Divorced wife filed enhancement case for a total of Rs.15,000/ (8,000 for herself and Rs 7,000/).How much be enhanced in addition to Rs.2900/ : Biswajit
Anonymous
24 September 2010 at 00:09
in the matter of
MOIRANGTHEM (N)YUMLEMBAM (O) NIRUPAMA
Address Khoyathong IMPHAL-WEST 795004
Complainant..
Virsus
Me, YUMLEMBAM GEETARANJAN & other 2
Khoyathong IMPHAL-WEST 795004
Respondents.
whwreas the pomplainant has filed application under section 12 of the Protection of Women From Domestic Violence Act, 2005.
you are hereby directed to appear before this Hon'ble Court on 6th Oct 2010 at 10.30AM personally to show cause why the relief(s)claimed by the against you should not be granted, failing which the court shell proceed ex-against you.
NOW, I SAID "I AM SORRY" I WANT TO TALK WITH HER BUT HIS YOUNGER BROTHER SAID I DON'T KNOW WHO ARE YOU. AND MY WIFE "NIRUPAMA" SAID LOOK HOW U R...
THIS TIME I DONT WANT TO DIVIDE WITH HER, ON 21TH AUG 2010 HE IS COMING FROM OUTSIDE AND OTHE SIDE MY MOTHER SAID HERSELF"WHO IS THE PERSON THAT FILLING DIRTY BUCCKET (DROP IN WATER TANK)DROP..
MY WIFE GO AND TALK EACH VERY ANGRILY, I GO OUTSIDE AND STOP HER BUT MY WIFE TURN TO ME AND SAID YOU ALSO FLAVOR OF YOUR MOTHER , I SLAP HER AND SAYS STOP EVERYBODY. NIRUPAMA GOES HER HOME AND CALLING HER MOTHER, FATHER, AND PACKED HER LODGES, HER MOTHER FATHER WAR TO MY MOTHER AND GO HOME.
AFTER SOMEDAY I GO TO HER HONE FOR MY BABY "NENA'2YEARS.I WANT TO SEE AND TO GIVE SOME MONEY OF HER CARE. THEY SHOULD NOT THERE, I ASK TO HIS BROTHER SAYS" I DON'T KNOW"SHE IS GONE OUTSIDE WITH HER MOTHER. I GIVE A SOME OF RS,200 ONLY TO HER BROTHER. I CAME OUT.
TODAY 23 SEP 2010 I HAVE RECIEVE A NOTICE FROM COURT OF THE CHIEF JUDICIAL MAGISTRATE, IMPHAL EAST. for the
1. to take cognizeance of the complainant
2. to pass an ex-prate and interim protection order to prohibit the act of domestic violence committed by the respondents by granting an injunction against the respondent so as not to repeat any of act of domestic violence.
3.to pass interim and ex-prate monetary order U/S 23 fo the protection of women from domestic violence act 2005 read with section 20of the same act to pay maintenance allowance at the rate of Rs.5000/- per month to the complainant from the application
5. to pass an order directing the respondent Rs.10,00000/- Ten Lakh only as compensation to the complainant for the loss and injuries including mental torture and emotional distress caused by the act of the domestic violence committed by the respondant.
6. to pass custody order and any other relief/reliefs as the Hon'ble court deems fit and proper in the fact and circumstance of the case for the end of justice.
so, help me what i do? i want to return her as a household family. i dont have about 10 lakh of compasation.
urgently reply me
Anonymous
23 September 2010 at 22:42
Dear experts,
Is this a case of fraud on marriage.
During marriage negotiations bride's side misrepresented their financial conditions by stating that the father (family) of the bride is financially self sufficient but in reality he depends on the mothly income for his daughter. Because of this dependency he has taken away his daughter from the matrimonial home without husband's consent and resorted to intimidation tactics to avoid the marriage and demanded huge money.
Can this suppresession of fact together with the conduct of the wife form the deception to annul the marriage.
Santosh Maske
23 September 2010 at 18:25
husband is working with Post Department. Divorse petition filed by wife is decreed in sept 2008 and maintainance of R. 2000 p.m. is also granted to the wife but after six month husband died there is no issue out of said wedlock only mother and sister of the husband is nearest relative of the husband no remarriage after divorse ther is no charge on husbands property in respect of maintainance now questition arise that
whether divorsed wife is entitle to retirment benifit of the deceased husband ?
whether divorsed wife can claim?
whether wife can claim maintainance from mother and sister of the deceased husband out of deceased husbands property?
InSearchJustice
23 September 2010 at 14:47
Please suggest about divorce, maintenance and case of adultery as per the following facts of a case,
1. Wife has voluntary sexual intercourse with a person other than her husband.
2. She confessed the same before her husband verbally and on a plain paper in writing.
3. She confessed the same and willing to live separately from her husband before her parents and Panchayat and documented all on a stamp paper also.
Q1. Are all the facts and documentry proofs of confession sufficient for divorce?
Q2. Whats the scope of any maintenance either in mutual sepration, mutual-consent divorce etc?
Q.3. Can the husband pursue the case of adultery against that OTHER PERSON?
Anonymous
23 September 2010 at 14:17
It is necessary to file reply (Say) of the petition for divorce u/s 13 (i) (a) of the HMA,1955? If yes, than within how much time? or it can be filed at any time? If I file it after 2 - 3 dates or hearing, whether the Court of Law will accept it? Because at present my stand is "I don't want divorce and I am ready to Keep her. If She don't want to come back let the court than decide the case and if required I will file my reply later." I have appeared before the court on 26.08.2010 and next date given is 12.10.2010. I have no advocate at present.
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friendship contract
i am married person, but after some time i have some problem with my wife, so i left my house and recently i live with another lady who have a child. we both are ready to live with each other
so my question is whether it is possible to live with her without having my divorce,just like live in relationship, or i will make a friendship contract (maitri karar) is it ligally. plz advise me as early as possible