Ria
26 November 2009 at 17:10
Respected experts,
Please provide me with case laws were the court has not allowed the setting aside of exparte decree.
Bhaskaradeepak
26 November 2009 at 17:00
Respected sirs,
A girl for telling about her past abuses and threatens me of suicide,i was affected emntally indeed gone for counselling sessions with one of my uncle who is an expert in moulding.Applied for frequent leaves and sufffered set back in carrier too.
After some time the girl messages from a number stating i ruined her life and she will never leave me happy and will take revenge.
After that some one claiming relatd to the girls calls my landline at midnight disturbs my parents,my father's health get affected.
Another person calls one of my friend whom i was in contact(i took this girl's help to ensure that girl is alive when she threatend of suicide) gets a call stating a complaint has been filed against her,that guy is from customer care since he is concerend he calls her to save her but she needs to share what are the things i shared witht hat girl that too by might 12 am.
I know my previous gf was behind all these.Can i fiel a single complaint against all these? sicne she has a father who was a heart patient i wanted to settle it off at family level.But no one from their family contacted inpersonor phone.
What can i do?if i opt for family settlement that too i want it legal way since they are highly untrustable,whats the procedures to be followed?
Else if iam going for legal case, i am not evens ure about her real address,even there are chances she might have given false name to me.But i have her photograph,since i met her in real i know its her only.How can i proceed?
Plz help me with your suggestions.If any of you can take care of this settlement too then its so fine.
Dyaneshwar Kirtiwar
26 November 2009 at 14:32
I may be getting divorced from my wife. Under such conditions, I wanted to know if she could claim a share from my property? What are all kinds of claims she can do on me?
sonia
26 November 2009 at 13:48
I have filed a domestic voilence case, but as husband is in african country, he has ignored the summons send to him thrice.
Please need your suggestion on to what and how the things can be speed up .
Ashok
26 November 2009 at 08:43
Summary
I m earing 30000 plus, married May 2007. After 8 months wife went to her parental house with his father. we tried to settle the things but things were happening again and again.
in Sep 2008 they dragged us to police station and demand money(Rs 10000/month) and also i have to visit her parental house every now then just to toucher me and leave under there order. In order to avoid 498 and not to disturb the career and family, i was ready for above conditions.
For initial month i have sent 10000 rs through MO. but for the 2nd month have sent 1500 due to some problem. Immidiatly after that she comeup with thretening call that she will go to police if i dont give her whole amount for the month. i tried to convinced her that will give her in next 1 week. but she forcing me to come to her parental house which is not possible since i am working some other city.
Based on the MO Statment and the her thretening conversation we have sent court notice to come back. But they didint replied and at last they comeup with divorce solution.
in Mar 2009 we have register the first motion. Sep 2009 was the date for 2nd motion. i have given her all the maintenance of Rs 150000 in cash as well as her gift in the marrage. have the photocopies of that and also mentioned all these details on stamp paper which is made up by some intermediate people. The case is filled in Kolhapur session court, Maharshtra
We have given the same lawayer for both as per there condition.
My queries are as below.
1) Now its almost 10 months after we register the first motion. what if she not appeared. will court pass the divorce decrea in any case with the above details.
2) Can the case will remain valid from 6 months till 18 months or court may cancel it earlier in case failure to appear within this period.
3) It may happen that they(Laywer) might demand for more money. what if my lawyer give me false date due to that and have record of conversion of the lawyer that with me. Is there any way to convince court that was due to false date.
4) Is there are any options available for me to get the divorce based on the Money order statement which they demaned and also the stamp paper & photo copies which i have return there gift to them.
5) In case she change her mind and return back what will be my stand(She definitely do something in my home so that she can register a complain of 498 against me which she failed to do in the past). i have allow her or what options i have(without disturbing my family without trouble)
6) Her father is professor(But is alcohol adicted person), so how i gave them trouble(without disturbing my family without trouble).
7) what if i married to other in these schenario.
Sorry for the so much queries. but i am confused at the moment where to go and what stand to be carried out in order to do not distrub my career and my family.
Please advice. thanks in advance for your valuable response.
Bharat
26 November 2009 at 08:28
Hi,
Presently I am in USA since 7th April 2008 and someone from my relative filed 498A case against my family and also included my name in that on July-2008. That time all my family member got bail but as I am in USA, so police marked me as "Farar (La-Pata)". Now I am planning to go back to India for one month and want to come back to stay in USA until my Visa gets expired (it will expire in Oct-2010).
My Questions are:
if I go to India then would my passport be taken by Police? or suppose if I get a bail then would I be able to come to back to USA?
What are the options opened for me?
Please guide on this.
Prashant Kolte
26 November 2009 at 00:25
Sir,I am Prashant,after 12 years of marriage,my wife has filed Domestic voilence petition against me in may 2009.To avoid future arguments with wife, from that day, I left my home & staying in rental place(same city) with my mom-dad..She demanded 3 things in petition...first 2000 rs monthly for my 2 kids(age 11 & 8 yrs).2nd 10000 rs monthly for her expenses..3rd permanent order from court to me that I will not sale my flat(where she is staying now with 2kids) in future...Trial is going on..But court gave intrim order 1st..2000 rs mnthly for kids...2nd order-till the result of this case,I can not sale my flat in which she is staying with my 2kids..3rd-do not remove her from my flat..All other demands of her has been rejected by court.Sir,I did B.E & MBA.Presently I dont have any job or not doing any business bcz for business I dont have funds.Also I took loans from various sources like personal loans,credit cards,car loan,amount from friends & relatives before this case..For paying all loans amount 14 lac Rs & to do business,I wanted to sell my flat(approx cost 20lac Rs) but wife did not agree with me.She need security right now & dont want to support me for selling my flat.She asked me to take money from your father who is capable but I can not do this.This is the main cause for her to file DV petition.I am the single owner of flat not jointly holding with wife.But she demanded to court the order that i will not sell flat in future.She also submitted papers showing various property in the name of my father & mother.But I have no option to sell flat & have cash for paying loans & also for livelihood expenses of me & my family.
My query is Can court at the time of final result give me order that I can not sell my flat (in which she is staying with my 2kids) for long life?Is it possible that I will arrange rental accommodation for her,rent will be paid by me & sell the flat?What are the remedy available for me?Bcz I need to sell my flat to pay loans & livelihood expenses.There is no option for me except to make suicide.Can any law of India grant me permission to die?
Please advice me in this regard.I would be greatfull to you .Eagerly waiting for your opinion.
Regards,
PRASHANT K.
25.11.2009
Anonymous
25 November 2009 at 19:55
hi
i am manish verma married from last 14years with 2 children wants divorce.she live in our home and i live in ranted house from 8 months. our common friends and relatives patchup our differences many times but it not work after some time it start again . due to this i seperate from my family and our childrens also suffer. actually i conclused that the main reson of all this is my financial iosses and my business is not doing well. we are not fit for each other as she is not cooperative by nature and so her family. i know this effect my kids but our fighings are also not did good for them.so i need suggestions am i in a right path should i file the case first or wait from her site because she need only money not me.as i airady give financial support to them which is also my duty.but even they do not care of my health. i did my best to save this marrige but now i am fedup of all this fightings and pollice cases which is humulated. and i dint want any tipe of compromice. pls. gide me.
thanks
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DV act
if man is married & his divorce suit is pending for final judgment & he get 2nd marry with a lady & told her that he is not married & now tat 2nd wife is also looking sum relief under DV act since he is not behaving well with her is she can file sum kind of case in court under 420 & 376 of IPC or in any other sec. will she get any relief since she is not his legal wife if she gets any relief then under wat sec. & any leading case /judgment