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Anonymous   18 October 2019 at 22:32

Want more examine of witness of new facts

In a divorce case, a respondent has cross-examined of witness of the petitioner. After cross-examination taken by respondent, he mentioned to court that the cross-examination of the witness is over and the court typed that cross-examination of the witness is over. Now, the respondent wants more examine the witness (of the petitioner) about new facts.
Question: Can respondent more examine the witness (of the petitioner) about new facts though he mentioned to the court that the cross-examination of the witness is over? If yes then, How?

Banshilal Das   18 October 2019 at 22:25

Maintenance is going to be awarded to a characterless wife

Dear Experts,
I had sacrificed my well settled carrier only to revenge from my characterless wife and his boy friend who beaten with a lame excuse. He is a politically influenced person of ruling Party here in West Bengal . I have failed to collect a single witness for his unlawful action. I had left my rented house in march, 2017 and the greedy lady filed 498a, 406,34B and DV .I have concealed my employment and declared as jobless in the court last week. Last 3 years she only allowed her boy friend in her room though we lived under the same roof. I beard with all for the sake of my son who is right 12 years old. I have no movable/immovable property to be attached. Me only son of parents. Mother expired 2 years ago and father at 81 yrs old waiting for his turn and lives on a caretaker at my native place from 200 km away from here in Kolkata.
Deliberately I have not registered my father’s property in my name .I am paying 5 Nos. of LIC policies of my own and 3Nos for my son (who is with my wife).
Plz share some tips or way out......

1) Should I surrender all the LIC policies of my name or Make the FDs premature? So that court can’t attach it. Right now I am 48 nothing to achieve out life. Amicable solution is not possible as she already refused it. In DV she claimed Rs.20.00 Lac compensation of being emotionally tortured.
2) Is there any option so that I can hide my income (Salary) details from my characterless wife. for whom a maintenance is going to be awarded in the next date. Now I am an employee of a Private company with handsome salary. I have no idea how RTI Act works in this matter.Is there any chance to get information by her from PF Dept about my new employment?
3) Is 91Crpc works to get information from the IT Dept tagging my PAN and collect the statement for last 1 year?

Ankitha   18 October 2019 at 09:51

Speedy disposal of divorce case when the case is on trail

I filed a contested divorce petition in Rangareddy district court, Telangana in November 2016 under Christian marriage act. It's almost 3 years still my case is going on in the regional court. My husband is not willing to give divorce. I don't want to live with him. We have 8 years girl. I filed maintenance and getting it from my husband. And also I filed 498A the case is going on. Now my divorce case stage is on Trail. Cross examination was done for me by my husband advocate. Now I want to know the process for speedy disposal of my case. I heard that there is 21B under Hindu marriage Act which we can file in high court. The high court directs the lower court to end up the proceedings in 6 months of time period. Please check the below url for the same. Please do the needful. Thanks in advance.

http://www.lawyersclubindia.com/mobile/forum/details.asp?mod_id=56620

Venkat   17 October 2019 at 01:20

Can we file I.A and fresh O.P under same section?


I am thinking about submitting a memo to the court




Anonymous   16 October 2019 at 07:43

Prolonging the case

My wife physically assaulted me in the premises of women cell in 2016 April.

A criminal case is in progress against her. In June 2016 she filed RCR in a different court

In August 2016 she filed DV against my parents and my 81 year old grandmother at Magistrate court in another district. Her claim is that the property owned by my grandmother is her shared house. Highlighting the reason that the marriage was conducted in a church adjacent to the house of my grandparents for their convenience. I am born, studied and working in another district. In September 2016 she filed 498a in another district. The petition includes stories of stolen ornaments, damaged certificated, physical and mental torture etc.

In December 2016, I filed Divorce.

All the cases are going on.

In August 2019 I got Speedy trial order for DV. since wife went abroad when a part of her cross examination was over..

So, she came home for 4 days and just before the commencement of second part of cross examination, she deleted 3 major reliefs in DV in magistrate court.

Then she filed almost the same petition in family court in the same district. She went abroad again. I understand that this a step to prolong the case for several years. What can be done from my side for speedy disposal?

Read more at: http://www.lawyersclubindia.com/experts/ask_query.asp

Anonymous   15 October 2019 at 19:37

498a,500,420,506 against me

Dear sir /madam, Kya notary marriage certificate is valid marriage certificate by court or not

William   14 October 2019 at 19:49

Divorce

My sister married her college mate who was an iran citizen...he came to india on a study permit...after getting married via registration here he had moved to the united states...its been 5yrs now and he now claims that he doesnt want the marriage and he wants a divorce...he also claims that he had used me to get his visa to the usa as he wldnt have got it from his hometown in Iran as he was out of his country for more than 5 yrs staying at india...now hes also willing to sign the divorce papers but not willing to come to the indian courts for the process...i want to punish him and bring him to court...hes has surrendered his passport at usa for the process of obtaining a green card but he has not yet recieved his green card identity...can i bring him to the indian courts for cheating me?

shyam lal   14 October 2019 at 16:37

Will

kindly advice , MoU of family settlement mentions share is to be divided on percentage basis,not on Metes & bound basis , which one of the two options is better when a WILL is to be executed

Vikram Singh Rathore   13 October 2019 at 23:45

Right to maintenance and share in property

Dear Experts,
My Brother Vijay married in 1994 and within a year shifted from our parental home to a rented accomodation because of pressure for the same from his wife.He had an independent business at that time. Subsequently,our elder brother allowed them to stay in a DDA flat owned by him.Vijay met with an acident 10 years after his marriage which caused an 86% disablity and thus rendered him incapable of any meaningful occupation to provide for his family(comprising of wife, 2 sons and a daughter). He was awarded a compensation of around 16 lakhs a few years later. My father contributed another 13 lakhs and made a fixed deposit of 29 lakhs in my brother’s name . All his medical as well as household expenses have since been met by our parents out of their and my joint business and interest accruing from the awarded compensation. In 2009, our magnanimous elder brother gifted him his flat he was staying in since 1997. 2 years after his accident, his wife started working as a teacher in a school where she is now the Principal. She never contributed towards household expenses and their children’s education.Around the same time, I started taking my brother to my office as he was feeling lonely, a practice which has continued till date.Although, my brother does not have any share in the business and cannot work productively, we started to show INR 30000 as his salary. Ever since his accident, my brother has faced utter neglect from his wife who does not even sleep with him in the same room, goes off to her parents every weekend and frequently travels outside Delhi with her children in tow asking her husband to go stay with his parents while she is away. Two of their sons are now in US, the elder one working and the younger one studying. The daughter is in final year of graduation. Their immigration/education expense have also been borne by our parents. All three children are over 20 years of age. My brother needs constant care as he suffers from frequent breathing problems and requires medication through a nebulizer. Due to my parents dwindling savings and sorry state of my business, we gave her INR 5000 less as monthly expenses about 3 months back. She threw a tantrum and asked my brother to go stay with his parents as she was going to accompany her niece (from Dubai) for a sightseeing trip in India. She did not return for the next 2 months despite numerous calls of request from my brother.The children have not spoken to their father since this incident. We involved a third part for rapproachment in whose presence she asked for the Compensation money Fixed deposits and the ownership papers of the flat they have been staying in for the last 20 years. Both these documents are with our parents as they feel that she will pressurize Vijay to dispose off the property and enacsh the FDs and desert him forever.She has come back to her matrimonial home but refused to let Vijay come there without the documents that she has demanded.She is also demanding Vijay’s share of the business. After so many years of suffering at her hands, Vijay has finally agreed to let us initiate divorce proceedings against her. Please advise about his rights and what all more he has to forego to finally breathe easy.

Anonymous   12 October 2019 at 10:32

Registering second marriage in india with a foreigner girl.

Dear Sir/madam, need you guidance on the subject Can Indian Muslim man have second Marriage with Foreigner Girl registered in India provided 1st wife in Indian? It is necessary to do registration in 3rd country first where registration can be legally done or it can be directly registered in India and on behalf of foreign marriage registration can spouse visa be applied For India ?