vinod bansal
22 September 2010 at 20:45
R/Experts
I was representing the husband in a petition u/s 13 B of HMA.Joint statement of Husband and wife was recorded in 1st motion but at the time of 2nd motion statement,wife stated that her prior statement was not based on her free will rather that was due to undue influence/pressure of some relatives etc,and now she wants to join her husband company.It is also pertinent to mention here that Husband n wife are living seperately since nov.2007.Now this petition is fixed for order.But in case,Hon'ble judge dismissed this petition,i want to file a divorce petition.Kindly suggest me some ground/s and further kindly help me by giving some tips for pleadings.I further want to add here that in 13 B petition there were no any kind of allegation/counter allegations were raised by any party.
PATEL
22 September 2010 at 16:45
We married during January 2005. She is so arrogant and so fond of money and crazy about luxurious life. After stay of two months she left me and her parents send her somewhere, which was not revealed to me. Hence I have served a lawyer notice on Reinstitute of Conjugal rights and received a reply notice stating all the false information and asked for maintenance. Finally both parties agreed for divorce and we took divorce during July 2006(29th July 2006) in the court of Lok Adalath after paying some money as permanent alimony to her.
After hearing and believing her crying requests and after hearing requests from her parents, I have accepted for rejoining, which was my biggest mistake in my life. This was happened on 5th Feb 2007. The rejoining was by writing an agreement on a whitepaper (mutual agreement for living together and subsequent plan for marriage) by signing both side parties (including parents). This time also her behavior not changed much, same arrogant nature. After two months of stay she conceived and as soon as its confirmed she ran to her parents house and started torturing me by demanding money for her expenses at her parents house. She never called me or contacted me; in one word i can say she never bothered me during her 8 months of stay at her parents house. Even i doesn't know whether she maintained her pregnancy or gone for abortion.
After 8 months (20th November 2007), her parents informed to my parents through a mediator that she gave birth to a baby child. My parents informed the same. We (including my parents) have not seen the newly born baby for two months. After two months also they (her parents, her family) never tried to solve the problems. But after considering the Baby's future, we called her parents for peaceful talks, but they never turn up. At last, we went to her parent’s house (25th Jan 2008) for the Baby, but she was not there at her parent’s house. Her parents informed us that she is staying with her Sister and Brother in-law. We went there to her sisters house and seen the Baby with lot of Love. This time she acted like a good women and cried. Her sister and parents asked me to bring her back. I never agreed, but after thinking about the child, I have no other way except accepting her to bring back. Her parents made a marriage registration for the Old marriage date (marriage performed on January 2005 but registered on 19th April 2008).
On May 20th 2008, I brought her back along with child. This time also she created problems. She became so so so arrogant now and started quarreling for everything. She demanded my entire salary to her hand. She spend entire my savings. She got Sugar problem during July 2008 and on the same cause she went to her sisters home after just two months of stay. She demanded 10,000 INR per month for their expenditure during stay at her sister’s place. I have no other way other than sending. I have sent four months continually.
After her parents pressure, she came back to me after five months along with her entire family on 11th Jan 2009. Her family left us after one week of stay. She demanded a full time servant otherwise she wants to leave me. So I have arranged a women servant on full time after paying 3000 INR per month. Everyday, she used to get up at 10 AM, she never knows when I went to my office, simply eating, sleeping and watching TV. In TV she prefers to watch the News channels especially when the programs coming on on 498A, Section 125. Etc matrimonial issues. She never comes to bed even after 12 night. She completely neglected me. Even she doesn’t bother I have taken food or not. I can’t express the sadism, torture shown by her even after I have spent lots of money for her luxuries habits. For a small reason she argued and made those arguments harder and harder and finally one day she left me along with Child and servant on March 3rd 2009.
I came to know that she went to her sister’s house. I have called her parents who are useless and asked them to send her back. But there is no one who can listen me at her side. She demanded me that she wants to stay along with her sister and brother in law and I should send 10,000 INR per month. I have denied for that.
I have written several registered post letters (during April 2009 to September 2009) to her to come back and even I threaten her that I will go for another marriage if she doesn’t come back. But there is no use. She sent two reply letters by ordinary post stating that she doesn’t want to come back and she demanded maintenance for her and child.
During September 2009, she sent a lawyer notice stating all the false information and demanded maintenance amount of 12000 INR. We gave a reply notice by stating that all the information is false and baseless.
She filed two cases in Family court, one is maintenance case and another is Reinstitute of Conjugal right during March 2010. Court sent notices to me during June 2010, stating that first appearance will be on 21st July 2010. Just 15 days before of first appearance of court for the said cases during first week of July 2010, she filed 498A case at her sisters place Police station and tortured entire my family. By Gods Grace we got anticipatory Bail from Hon. High Court. We have applied for quash proceedings of 498A in the High Court. The Hon. High court given stay for my entire family except me.
Now Iam facing 498A case, Reinstitute of Conjugal right case and Maintenance case in the court. I have appeared first time in the court on 3rd trail. The Hon. Judge asked me whether I will rejoin or not, I replied that we took divorce three years before and I have given amount for her as a permanent alimony. We have counter filed by stating that I have took divorce on 29th July 2006 and other information is false.
Please advice me, whether she will get legality as my wife? If I marry some other legally, what will be implications? what about 498A, is it valid?
thanks and regards
PATEL
Anonymous
22 September 2010 at 12:41
A case file under Crpc 125 and D.V. section 12, 18 to 22 against me and my relatives v also file a case under section 9 for comming back but wife and her father adament and backmailing us and not ready to came back and she is residing with her parents since March'10 and now the case is in medeatation centre, I would like to know if she refuse to came back in medeatation centre then i would like to know it is helpfull us to fight the false case or v r liable for maintenance. Kindly also suggest from which way we rid from such people.
Anonymous
22 September 2010 at 02:26
Is it necessary to file separate case for maintenance u/s 125 of CRPC or it sufies that petition filed u/s 13 for divorce having clause demanding alimony or maintenance? What is difference between the two?
Anonymous
22 September 2010 at 01:55
What is meant by Judicial Separation? It for how much time? Can person have second marraige after judicial separation? Does it amounts to Divorce?
Pallavi
21 September 2010 at 21:15
even after taking divorce by mutual consent cane the baby claim maintenance from her father even though mother took divorce.
Vishal Indurkhya
21 September 2010 at 20:13
Dear Sir,
Fight against beloved is seemingly taking me on a roller coaster ride with bumps as high & low as NSE Sensex.
Well, one of the RTI application filed with CPIO got dismissed and the First Appeal filed with appellate authority also got rejected in due course of time. Now I have to file the Second Appeal with Central Information Commission {C.I.C.}.
I still consider myself as a novice learner in field of activism through RTI and this would be my first such endeavor, thus requesting you to kindly enlighten me on the issue that is there any specific format for filing Second Appeal with C.I.C. is prescribed / in practice / used by you anytime earlier.
I believe I need to be ready for a personal presence as well. Your precious suggestions in terms of Dos / Don't are also wholeheartedly welcome.
My details are given below. Pl. feel free to call / let me know if I could be of any help anytime from my end.
Awaiting your guidance to proceed further,
Vishal Indurkhya
C/o Dr. Raja's Diagnostics
1104, Andherdeo
Jabalpur - 482 002
Madhya Pradesh, INDIA
Phone - 0761 - 2652487
Mobile - [0] 94252-13300
E-mail - vishalindu@gmail.com
*************************************************************
Anonymous
21 September 2010 at 13:28
dear sir,
court has made an exparte judgement against me to pay my wife an amount of rupees 15000/- ,but i have not received any summons of exparte.now i want to make an appeal in sessions but the time period is over can i make appeal under any provisions.moreover i have not received the copy of judgement but i have applied for that and also made an application to set aside the exparte decisions.please guide me further.
Anonymous
21 September 2010 at 12:27
Sir,
I am thankfull to all experts,becoz suggested guidelines will help us for fighting of false allegations.
Sir, i have an another query, that my brother in low wife who has left the house in March'2010 after all efforts i.e. section 9, parivar paramersh kendra, request to govt.authorities for help in her return, but she & her father adament that not to came back, bocz girl still having affair with her ex-boy friend and demanding a huge amount as compensation and also demanding maintenance etc against 125 and domestic voilance case,since we file section 9 and other request she never attend a single date, even we have appear in 125 & other DV case, the case is in medeatation centre, sir i request to all of experts kindly guide us in this what we do now, becoz we are not able to face such court cases, resulting girl and her father are pressureing us and blackmailing us . Sir kindly help us to fight this case. Thanking you sir,
sabnam zadi.
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Marriage annulment
Dear sir/madam,
Wife filed annulment of marriage under various provisions of HMA. Later husband discored fraud and also wants to annul the marriage.
Should the husband file a seperate petition for annulmet or can he file additional counter to the wife's petition stating the facts and praying for the same relief as that of wife but on the ground that wife committed fraud.
please clarify.