Anonymous
31 July 2010 at 20:03
On failure to extract additional dowry, husband subjected wife to all kinds of violence after Hindu wedding and also harassed her parents who were not yielding to his illegal pressure till he got dumped by wife 7-months after wedding.
His vindictive attitude made him blind to such an extent that he deprived her of proper medical and health care and even
locked her and deprived her of food.After few months she was diagnosed and required emergency abortion. This was the result of cruelties inflicted upon her. Wife could not tolerate and expressed her desire to leave marital home.Husband became wild and punched her and dragged her by
hair and pushed her out of house. He even threatened her of divorce and warned not to come back or send parents, else to
face dire consequences.
She came back to parents' home and got her legal abortion done.Husband, instead of meeting her for reconciliation,filed false criminal complaint that she left his
house after stealing her own valuables.
She received an ordinary letter from police after 3-months to report and say
her side. She even received legal notices as ordinary letters from husband with charge of leaving her marital home with
valuables and charged her of cruelty of deserting and doing her abortion without husband's consent.
The reality was she came only with her purse, leaving behind her all valuables
Stridhan and household gifts.Even husband snatched the ornaments she was wearing including her Mangalsutra.
His aforesaid legal terror was shocking to wife and parents and so decided to dump such inhuman and cruel creature forever.
Eight years have passed without any contact or communication between the two sides.After about 1-year postman did came 2-3 times with regd. notices in her marital name.Wife did not have identity with such name so postman did not deliver, instead every time handed to her intimation slip, mentioning 'NOT FOUND'. Even once bailiff came and did
not deliver court letter on the same ground,but he did not give her any intimation slip.All these acts were only making her more painful.So she did not react as usual.
Eight years have passed without any contact or communication between the two sides. Now wife wants to
become legally free from the clutches of husband and wants to clean up the criminal charges leveled against her by husband eight years back. She does not want to claim any maintenance nor claim the valuables she left, but wants to pull
husband to court to prove the criminal charges which he leveled against her. She is also not interested to charge him
with domestic violence but would require to mention the same in defense of her desertion as charged by husband.She
even not bothered if husband comes to court as she is ready to take ex-parte divorce. Finally, she would not bother
whether husband is alive.
Please advise.
Anonymous
31 July 2010 at 12:23
FACTS :
The Petitioner (wife) has filed maintenance petition in Family Court. The Respondent (husband) is US citizen, holding US passport, born and brought up in US. The Petitioner wife is Indian national, holding Indian passport. She went to US after marriage performed in India and returned to India after 18 months due to marital discords. The marriage not registered in India but duly solemnized and registered with US Court.
Along with maintenance petition, wife also filed complaint u/s- 498A and under Domestic Violence Act with local police station against husband and in-laws. The case is still not registered. However, since the police complaint has been filed, husband (Respondent) fears to appear in person before family court lest he would be trapped by the Petitioner by Police action.
In view of aforesaid facts, Respondent chose to file in Court an application seeking permission of the Court to engage lawyer and Vakalatnama (both required in family law matters), duly signed and attested by Consular Officer of Indian Embassy in US, through lawyer in India in respect of maintenance petition.
The Court has, however, taken a view that even for filing these two documents, the party has to remain present in Court. The Court has accepted these documents under objection and deferred the matter for argument to a next date.
Requirements:
1. Supreme Court/High Court guidelines on physical presence of parties in family law matters, especially when the party is foreign national. (Please note that the term “NRI” is different from “Foreign National”).
2.Any recent (preferable) or old judgement on the issue.
3.Any judgement of higher court where due to certain practical difficulties like foreign citizenship, cannot leave job or business for fear of loss of earning, illness, etc., personal presence in family court dispensed with.
Anonymous
31 July 2010 at 09:05
Wife after 498a,says she wants to join back with husband,but at same time she said as per her pastor she is going to file maintenance,but not done so far.
Both pastor & wife seems to be hypocrats in this case.
It is difficult to believe either of them.
Is there any legal way , so it will make either Pastor take complete reconciliation process's responsibility or will make him out of this case ?
Anonymous
30 July 2010 at 21:17
Dear Member of LCI,
I need sincere advice on the current problem of mine.I work in Roorkee as a faculty holding decent salary and hold a Phd too since 2001.I was married Hindu tradition arranged marriage in 2005.The girl only daughter was an Engg graduate passed out in 2001.My wife never was employed till her marriage.After marriage her parents came all the way and settled the fsamily life by going over with her and stayed three weeks with me.I tried giving her all comforts happily and was happy too.I got her a job in my place of work also for her,But she worked for only few months and stopped in 2006 itself.My parent and,my only sister never visited me since my marriage till date after 2005.My wife wanted me to cut all my relationship with my people and same with her parents.She conceived in Sept,2006 and during routine Medical check up at Roorkee within 6 weeks they found on ultra sound exam the fetus did not have life and suggested abortion ,with her consent.It was termed as Missed abortion.I informed her parents of this .They came and took the girl home.They did not make any complaint at that time to any one.She came came back lived with me and once again conceived in Dec 2008.Her parents took her home in 6 weeks of conception.On examining at their native place in January 2009,once again in 9 weeks of pregnency the Drs found no life in fetus and with the consent of the parents and girl it was removed by DNC.They had sent the aborted fetus for analysis to find mismatching of RH factor between the couple.When the abortion took place in her native place,I was away in USA.She returned back to Roorkee to live again with me in April 2009 last .But no complaint to any one at any time on Harassment.She accompanied me to Canada for three months when I went on official work which I funded and enjoyed the stay and had site seeing also.
But suddenly in January 2010 her father came to Roorkee on a Friday late at night to take her back for some function.The vey next day,Saturday, both my wife and her father without telling or indicating anything or to any one,they had given a well prepared typed complaint against me of Dowry Harassment to the DSP of Haridwar district head Qrs.and returned back to my place.But showed no signs of their plans.Next day Sunday,they personally went made police complaint to Roorkee police statio under dowry harassment,when I was away in my office.Sunday eveig I was summoned to Police station to be told which was a surprise that I was charged under IPC section 498/A,313,323 and 506,and put in Jail for forty five days (11th Jan ,2010 to 22nd Feb,2010).My bail appication was refused at District court.TheN I moved bail application at Nainithaal High court got unconditional bail.I waa under suspension for the period of jail.Now i am back in job.The police has filed their final chage sheet to the court,but I am yet to get the summon.
After keeping me in Jail, my wife and her father emptied my house packing all her belongings and left Roorkee very next day of my arrest,including opening the Bank locker which we jointly hold as either or survivor,with all her jewels,including the house key and locker key.They also tried by paying good money arrest my parents and sister,who had nothing to do ,but they spent money got stay against arrest from High court of Nainithaal.
All their stuff were sent by a transport company.
Now after two months they filed divorce petition in March at their native place in South.The case is under adjournment as I sought time to reply their affidavit.In the mean time thay have filed yet another petition demanding interim maitanance of Rs.10,000 a month.
I have all documents to prove all their allegations are falso.Telephone bills of last four years of my house,out of Rs 15000/- total her calls to her parents are Rs.12500/-.I have all her email correspondence and transfer of money to her amounting to more than one lakhs,and no record to show that either she or her parents gave money as they had not done.She had even erased all things photos correspondences from my laptop and destrooyed all evidences which might go against her,from my Laptop.But I had back ups which I could recover.I have even all medical record where in bith times it has been said as Blighted ovem,Missed abortion,which is not killing of a child.
I am in a quandary as to what should I do.Can she insist on Interim Maitenance ,when Criminal case is yet to be proved and divorce case yet to be heard.
Kindly advise.I am a st.forward poor teacher .They only seem to be interested in money and harassing me.Should I engage a Lawyer at Roorkee if the case come for hearing and I am summoned.Thanks
Krishnan
Thanks Sir
vijay k. mukul
29 July 2010 at 23:27
order awarding maint. u/s 24 shall be challenged before high court under which prov. of law?
Anonymous
29 July 2010 at 22:43
Ld Counsels,
Is possible for a family court to dismiss a petition if it is proved that the allegations prima facie are self-contradictory and no prudent person can come to a conclusion based on this.
Why family courts are failing to frame the issues as required under Order XIV of CPC and accepts the case for trial. Even at the time of framing the issues if it is established the allegation/pleadings are self-contradictory and lacks merits can the court dismiss the petition. Kindlt give me such judgements aailable or any guidelines formulated by SC.
I am basically looking for a counter-part of criminal quash in civil proceddings
Please help. Thanks
kamlesh
29 July 2010 at 18:37
SIR,
I NEED PROFORMA OF WARRANT ARREST UNSER SECTION 125 (3) OF Cr. P C. BOTH THE PROFORMAS ONE WARRANT ARREST AND WARRANT ARREST WITH SURETY IN ENGLISH. CAN ANY ONE HELP ME
sagar Rao
29 July 2010 at 16:43
We have property in the name our father and my father had died last four years back without transfering his property to my mother or his sons,we are four brothers and pls inform who is the legal hire of my father property i,e my mother or my mother and four sons.
kumar
29 July 2010 at 09:10
Girl is applied for null and void of marriage against boy one year before(2009). we from boy side not received any legal notice from the court only our parents will be staying this address and other reason for rejecting the notice is not to extend the proceeding.
Now court is in the process of declaring the order, during this process( 1 week before) girl had amend additional petition for compensation.
Now we have received a letter from the girl that judge will pass order on 1/8/2010.
will judge declare nullity of marriage and along with compensation.
We are not interested in extending in proceeding, if girl wish to live together no issue and similarly not will to live also we have no issue, only factor is compensation such expenditure of marriage which they claim 15 L but from our side also we have spent .
if judge pass order both nullity and compensation. shall we can appeal compensation part later filing petition .
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Striking out of pleadings by family court.
Ld counsels,
Under order VI rule 16 of CPC it is possible to strike out the pleadings if found vexatious and causes prejudice.
This partly gives power to the civil court to reject a case pertaining to the pleadings that can be struck out.
In a case for annument of marriage under section 12(1c) of hindu marriage act the petitioner is pleading that the respodent is forced into marriage. such pleadings is expressly denied and barred under the section 12(1c) where only the peitioner before the court or his/her gaurdian can alone plead that his/her consent was obtained by force.
Is it possible for the court to scrike out the pleading from the petition.