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Anonymous   09 August 2010 at 13:07

Sec-10 HMA

Hi,

I face a dispute with my spouse since 2002 & I was won the 498A & other those fighted against me & 125 maintenance issued from Judge those I paid. But in my city I filed Sec-10 HMA for Judicial Seperation from her but she ignore my all notice & publishing too, then court declare her ex-parte but not the Judge are a Divorced lady & tell us for Withdraw the case & other wise she dismissed the case, my all documentation are solid & true but dont know why she move personally to her.. Please assist me for that what I do? or Can going to High Court Chandigarh for correct judgments. Please any one assist me...

Regards
Sunil Verma

Prasad___r   09 August 2010 at 10:55

Justice under sec 498A

I am Prakash, residing at Bangalore and seek your help to seek justice in Karnataka.
I was married to Ms Mohan Kumari aged 30 years who is the daughter of Late Muddappa and sister of the current Asst Commisioner-Revenu ( Gangadhara Swamy GM )of Bangalore North. My wife Mohan Kumari did not leave with me even for 4 months, she wanted me to live with her separately and keep my parents away.
I am the only son for my Parents and living with them today, they have no other options or place to live without me. It is my moral responsibility to take care of them, but my wife and their family, along with her brothers father in Law who is the honorable Judge in the High court of Karnataka ( Subhash B Adi ) and his wife ( Sudha B Adi ) have personally suggested me several times to leave my parents and take up a house to live with my wife separately as she cannot live in a family. (All documentary evidences are avaialbe)

When we met honorable judge Subhash Adi who is a father in law of Asst Commissioner in the high court and at his residenc he also suggested me to stay away from parents for some year & he also offered govt job. I have requested them not to push me to such a difficult situation and try and leave together as a family. But my wife and all her family members have threatened me and also filed a case against me, mentioning that I have harassed her for Dowry under section 498A, which is also filed after nearly 2 years when she had left my house and was not leaving with me. The date mentioned is also the day when I was working in my office. The case is in the court now.
My father and Mother have really gone into depression due to all these issues and are under medical treatment. my father is suffering from disease dementia.I have ruined my life now. I have enough evidence recorded conversations and messages which can be produced in the court to gain justice, but the system is scared of these high profile men.
I seek your guidance, to find a way to gain justice without these interruptions. I have been without a job because of these issues. I have been approached by the Media to share all the evidences and documents to help me gain justice. I do not want to opt for this option at this stage. I am seeking your advice to find a solution to approach the law to help me get justice.
In anticipation of your help and advice to a person who is been suffering with these high profile men.
Regards,

Prakash.R

Anonymous   09 August 2010 at 09:56

suicide by husband

Hi

I had a cousin brother who committed suicide due to his wife's daily fights at home and her parents' used to support her in that. after 4 years of marriage he committed suicide. he inherited a 2 year son. At the time of death my uncle held no one responsible for it. But now the girl's parents are saying that my cousin didnt had good character but its far from truth. Is there any provision in law wherein we can go for justice for my cousin or do the law supports only the women even if they are wrong ??

Anonymous   08 August 2010 at 22:35

divorce

Sir, Iam NRI . I got married in 2006 in tamilnadu and filed for divorce in 2008 in the family court of chennai.

My wife filed an RC petition in her home town immediately after I had filed for divorce. She was trying to drag the proceedings in the family court of chennai.

So, I got an CRP order from the High court of chennai to complete the case within six months. Meanwhile, I had also filed for the RC case to be transferred from her home town to chennai on the grounds that Iam an NRI and my father (power of attorney given to him)is a heart patient (medical certificate provided to the High court of chennai)who will be unable to travel long distances.

Now, a high court judge of chennai has passed an order on my transfer petition that the RC petition cannot be transferred from her home town and further, he has ruled that my divorce case also to be transferred to her home town. Kindly note that there was no pray from my side or from her side to transfer the divorce case that I had filed in chennai.

Now, can I approach a division bench of Madras High court saying that the first ruling of CRP (finishing the case within 6 month)ultravires the second ruling of transfer of case from chennai to her home town and further and the judge has not considered the fact that Iam NRI who needs to pay hefty air travel fees or my father, a heart patient, has to travel around 700 kms.

Secondly, Sir, I would need your advices on "Irretrievable breakdown of marriage". Iam staying alone for the past 3 years and which can be proved using my passport. I know the fact that the "Marriage amendment bill 2010" has been introduced in the parliament on the recommendation of Law commission and Supreme court. The bill has two parts (mutual divorce = 13B, Filing for divorce if a person has lived apart for 3 years - 13c). I fit into the 13c. Sir, I came to understand that I can file an affidavit for "Irretrievable breakdown of marriage"as soon as the bill is converted to an äct".

Can u please advice me on these two issues? I would be grateful to receive your esteemed advices. Thanking you.

Anonymous   08 August 2010 at 22:33

Divorce

Sir, Iam NRI . I got married in 2006 in tamilnadu and filed for divorce in 2008 in the family court of chennai.

My wife filed an RC petition in her home town immediately after I had filed for divorce. She was trying to drag the proceedings in the family court of chennai.

So, I got an CRP order from the High court of chennai to complete the case within six months. Meanwhile, I had also filed for the RC case to be transferred from her home town to chennai on the grounds that Iam an NRI and my father (power of attorney given to him)is a heart patient (medical certificate provided to the High court of chennai)who will be unable to travel long distances.

Now, a high court judge of chennai has passed an order on my transfer petition that the RC petition cannot be transferred from her home town and further, he has ruled that my divorce case also to be transferred to her home town. Kindly note that there was no pray from my side or from her side to transfer the divorce case that I had filed in chennai.

Now, can I approach a division bench of Madras High court saying that the first ruling of CRP (finishing the case within 6 month)ultravires the second ruling of transfer of case from chennai to her home town and further and the judge has not considered the fact that Iam NRI who needs to pay hefty air travel fees or my father, a heart patient, has to travel around 700 kms.

Secondly, Sir, I would need your advices on "Irretrievable breakdown of marriage". Iam staying alone for the past 3 years and which can be proved using my passport. I know the fact that the "Marriage amendment bill 2010" has been introduced in the parliament on the recommendation of Law commission and Supreme court. The bill has two parts (mutual divorce = 13B, Filing for divorce if a person has lived apart for 3 years - 13c). I fit into the 13c. Sir, I came to understand that I can file an affidavit for "Irretrievable breakdown of marriage"as soon as the bill is converted to an äct".

Can u please advice me on these two issues? I would be grateful to receive your esteemed advices. Thanking you.

Member (Account Deleted)   08 August 2010 at 21:30

False 498A

I want to know the procedure for trial of a 498A case. we came to know of the charge against us when police came to arrest in July....what is the way forward chargesheet is not yet filed.

The case filed against me is false and I do not want to enter into any compromise with my inlaws and want to fight back in court. I want to know normally how much time it takes for the decision in a 498A case.

The had just mentioned in FIR that they spent 12L in the marriage though thats a exaggerated figure and second charge is that we asked for 20L from them and sent the girl back to get the cash.

third accusation that we have kept all the streedhan though she had carried all along with her so attracting sec-406.

fourth that we used to misbehave with her.

As witness they have written in the statement the names of her chacha, father , mother , and a neighbour as we asked 20L in front of them.

Though the facts are incorrect so I wanted to know how relevant are the statements of these people if they being from their side saying that we asked for money though its certain since they being related to them can say anything.

we have proofs photographs of a week before they mentioned we threw her out of being happy and wearing all her ornaments tht they have said are kept by us.

A bit concerned as want to know if the other party gets false statements from their relatives what is the defence available to us.

Usha Gupta   08 August 2010 at 18:40

how can i get back my (stridhan) the gifts

Dear Sir,
I have been married at the year of 1979 Feb. At time i was gifted with gold jewellery from my parents and in-laws. But since my marriage my inlaws didnt give my gifts to me. Now they have even secretly transferred the ancestral property to one of his son only. So kindly please help me how i and my husband get back the gifts of my marriage time and the properties.
kindly please reply me soon.
Thanks

vinod bansal   08 August 2010 at 08:50

effect of withdrawl of consent by wife at the time of 2nd mo

R/Experts
My petition for divorce by mutual consent is pending for arguments,in this petition at the time of 1st motion statement both husband & wife made a statement for divorce by mutual consent,A DD was deposited in the court as sattlement amount that is still in the court file,I am representing to husband,At that time of 2nd motion statement of parties,wife withdraw her statement by saying that at the time of her earlier statement(1st motion statement)she was under pressure,now she want to reside with her husband,kind of pressure is mentioned in her statement,what is legal preposition in given facts.Kindly refer citation of both sides,Thanks In advance

Anonymous   07 August 2010 at 09:42

What are pre-nuptial agreements ?

Are they valid in India ?

Anonymous   07 August 2010 at 01:46

Is a girl half owner of property of husband after marriage ?

i have heard that a girl automatically becomes half owner of the property of the husband,is it right?
What are pre-nuptial agreements ?
Are they valid in India ?