jagadish
06 July 2013 at 20:44
I applied divorce in 2010 and dismissed in the year 2011 dec with my wife wicked tricks.she didn 't dismiss 498 A and hence ,i filed divorce again in march 2012 and now filed chief affidavit. i filed custody of child who is 6 years old now. in both cases status is for cross examination.
i filed contempt of court order on her for disrespecting the court order in interim visit of my child on every friday for one hour. iam not bothered about her torture in 498 a and not giving divorce.
i love my son very much and i want take custody of my child as my wife is greedy about money and she can go any extreme for her career bcoz she is more interested in career than family.
i kept each and every evidence in custody of child.
she recieved nearly 25 lakh rupees and she is demanding for 40 lakh, which is not affordable by me.
she is not attending the court'\
she is hiding the son. can anybody give expert advice to get the custody of child.
is there anything i can do?
Chetan
06 July 2013 at 18:51
Respected Dear Experts,
Need your help in my divorce case, I got married in 2009 and in 3 months we got separated, wife filed 307, 498A, 406, DV Act 2005, HAMA Act u/s 18. I am fighting since 3.3 years. Her absentee is more than 90% in all above cases. Previously her private advocate (he is misguiding her for money & because of him she has filed so many cases) came for compromise, I didn't agree, after few months my advocate advise me to go for compromise considering my parents health, my is father 68 years old & my mother is 63 years old a cancer patient, are also suffering along with me, considering all these facts i agreed. Now MCD u/s sec 13(b) was filed in family court in Oct 2012 and after filing the petition & affidavit in the family court the Demand Draft of Rs.550000/- & Cash of Rs.25000/- was handed over to my wife & her adv in front of the Nazar lady. Then we went to Judge's room where Judge asked wife if she has got everything & you both have decided to get separated & we said yes, judge signed the petition and a date was given. In the meantime she was supposed to withdraw all the cases filed against me. This was mentioned in the Petition & affidavit. They stopped attending the dates of criminal court & family court. Now I asked my adv why didn't you put that money in family court coustody instead of giving it directly to her advocate? My adv replies that he never thought he will be so mischievous & wouldn't keep his word of withdrawing all the cases once money is received. She stopped attending the criminal case dates after receiving money so we served summons on which she came after 2 dates with her adv in criminal case (307 498A). Where she told judge we have decided to compromise, so filed mutual consent divorce and I have received the money but still I haven’t received my gold. (a new bomb/demand). Judge said this court is not bothered of your out of court settlement & gave a date. My adv spoke with wife & her adv that, you have already received all the dues and nothing is been left which is also mentioned in the petition & affidavit. But they are still demanding more gold. Now I am demanding my money i.e. Rs.575000/- back & said I will fight these cases on merit. This entire thing went for 2 more dates and they withdraw one case, which is D.V act. I am still demanding my money back, because they haven’t withdrawn all the cases as decided in the Petition. In the meantime MCD u/s 13(b) time 6 months span is over, but she's not attending the dates. Family court summoned her so she came on next date without adv, and told the judge that She have received one time settlement but still gold is remaining, judge said, at the time of filing this petition you have agreed that you have received everything along with gold and there are no dues. Wife says I haven’t read this petition and they have taken our (of her & her adv) false signatures by making them fool. Judge said these things don’t happen here don’t talk rubbish & told her if you don’t want to withdraw the cases as per the petition you will have to return their money. Wife requested for a short date as her adv. was absent. On next date of family court, wife came along with adv & bought an application for withdrawing the Mutual consent petition. Judge said all the compliance is done and now after 8 months you are withdrawing this consent petition? Her Adv argue saying that petitioner.no.1 had agreed at the time of filing this mutual consent that he will return all the jewelry and so we filed this petition, judge said then why that point is not mentioned in this petition? And yourself & petitioner no.2 have signed this petition it means you both have agreed all the clauses, even as per para.8. you have received all the jewelry, and there are no dues. & para.10 says you have agreed to withdraw all the cases for which you have received the money, it’s not with the court, compliance is done. Court is saying if you want to withdraw return their money. Her adv says we can withdraw this consent petition without returning the money. Court has asked us to give our 'SAY' on their application.
Current situation in family court:
-------------------------
• Judge is asking wife & her adv to return the money if they want to withdraw this consent petition, as they have received their compliance.
• Wife’s adv, says they can withdraw the consent petition.
• My adv says they cannot withdraw this petition without my consent as they have already received all the money through D.D & cash, so all the compliance is done as per the petition. And why court is entertaining their application when they (wife & her adv.) have already agreed the terms and conditions according to the petition.
• Next date on 9th July 2013.
My queries on current situation of family court are:
-------------------
. Can she withdraw this consent petition without my consent after 8 months when all the compliance is done?
. If the money would have been with the court custody then it was a different issue that compliance is not done, so she is withdrawing it, but in this situation, wife has all money in her bank account.
. Does this Affidavit doesn’t have any value which is was filed on oath by her in front of Nazar Lady in court & also telling the Judge that she has got everything, nothing is pending hence filing the divorce.
. If possible, Can you please provide me Supreme court or High court citation which clearly says “once wife receives her compliance as per the consent petition she cannot withdraw it, without husbands consent, or else she is bound for completing her compliance as per the consent petition or else return the money & with the Mutual consent divorce petition”.
Sorry, as it’s a lengthy episode but, just to make you understand, so you could provide me proper solution.
Thank you.
INDIAN
06 July 2013 at 17:41
Respected Experts , I have given a 3 Months back 406 / 498a complaint to police against my husband and inlaws. Before that I have filed 125 and in counter my husband files HMA13. About 2 Months back police called to us and my husband and his family where my husband clearly told that he do not want to take me back and he will go according to the court . Police told to both of us to record the statements and we did that. Now after 2 months of that meeting we approached to police to registet the FIR . Now police has told us that they r going to call again to my husband for reconcilation and given the date to us and to attend that meeting. We told to police that we do not want to part now as he has already filed the divorce and also refused in last meeting so I do not want to reconcile after so much degrading . We reaueted to police u first call to them and ask them what they want . If they r ready for reconcilation then we can have one more meeting. If they say no then register the FIR against them. Now police is calling us again and again to attend the meeting. Now my query is can I refuse to police that I do not want want to part of meeting
Sakshi Sakshi
06 July 2013 at 13:48
bombay hc - writ petition (civil) - case disposed!!!
is it possible for a writ petition to get "disposed" at 'circulation' stage itself? and also there is no order being displayed at com hc website.
First it went through filing and registration.
Subsequent hearing date was was meant for circulation.
On internet/bombay hc website, our case was being shown as
status:'pre-admission'
stage:'for admistion - circulation'
On that date our lawyer was present there.
After that hearing date our lawyer seems not taking our phone call.
On internet/bombay hc website, our case is NOW being shown as
status:'disposed'
stage:'for admistion - circulation'
What does that mean?
Has our writ petition (family court matter) been rejected?
it does not say anything further.
there is no orders whatsoever also (orders/judgment button on webpage shows "No Orders/Judgements Found!!!" message)
How to know whether or not....
our lawyer was present there?
he himself prayed to withdraw the writ petition?
on what reason and how the writ got disposed of?
can it be re-instated if there has been default?
can it be re filed by delay condonation? .. writ was filed after around 110 day lapsed time after impugned order.
bombay high court website does NOT display reasons why/how the writ got disposed!!!
is it possible to thus reject a writ at circulation stage itself?
Gaj
06 July 2013 at 05:30
Hi..
A male person saravan was born on 1950, his father is senthil , his mother is meenshi but his mother was wife of senthil's brother. Senthil's wife is kanaga and they have a daughter. Saravanan have proof for the son of senthil like passport,voterid, driving license.
Now who have property rights?
Thank you.
asmita0009
05 July 2013 at 23:13
at the time of marraige my husband told that he is CA and earning handsome salary. But just with in month i found he had given wrong information and cheated me and my parents to grabe property of my parents. Ho i can get details about his CA degrees and his CA firm registration is valid or not?
all jwellaries given my parents in custody of my husband , i wanted to get back from him . But advocate of both sides and judge told me that they will take all matters together and since last 5 years my jwellaries given to me by my parents in the custody of my husband. So, what i can do now in this matter ?
Mohd. Khalid Quraishi
05 July 2013 at 20:12
Hi....
respected lawyer actually i got married on 7th nov. 2006 and we both were happy in our life the problem was that the mediator was my sister's in law husband and he had been living in my in laws house around for 14 years.my wife and in laws were influenced by my si'in law husband one day i was called by him in my in laws house in a function with my wife and my sis' in law husband abused and beaten me up about an incident that's because i left to talk to him and i said to my wife not to talk to him and i left to go my in laws house also but i kept on sending my wife to her home sometimes with my mother and sometimes with my father. As i forbidden my wife to talk to her brother in law but she kept on meeting him at her home 'coz he used to live in my in laws house. on 19th sep. 2010 my father took my wife to her home to make her meet her family on Eid festival. but they insulted my father a lot and forbidden to send my wife back i tried a lot to get my wife back she was totally changed she didn't come back 'coz' she went to meet her family that's why she took my gold jewelry at her home.
i used to love my wife a lot but she didn't i couldn't understand her.
respected sir/ma'am even i touched the feet of my father in law in front of lots of people but they denied to send my wife then my wife and in laws filed a false case against me and my family U/S 498a,
323,504,506,307 IPC and 3/4 D.P. ACT on 19 October 2011 and on that day my hopes were finished to get wife back but then i thought to face the trial and by the God grace all of us got interim bail on 6th nov. as well as final bail 2012 not going into jail for single second. and now i am facing the trial boldly the case is on charge and there are some many false cases were filed against me and my friends by them but i didn't bow the head in front of any one of my in laws. 125 crpc and domestic violence are also filed in 2011 and recently summoned were accepted by my younger brother
respected sir/ma'am i am muslim and professionally i am teaching in a private institute now my in laws are blaming me a lot so that i could commit suicide but i am facing all.
the question is that if i want to get marry again there is any kind of problem has to be faced by me and my family actually i waited for my wife a lot but everyone wants in my family that i should get marry now because i am 35 years old that's why my family although i am saying to family member that i have no trust in anyone now but they are insisting me
(I) can i take any kind of permition for my marriage from court.
(II) if i get marry court can fix a big maintenance for her.
(III) you please guide me what should i do
the first is that i have determined to face the court case how should i face better because i want to win this case so nobody try to destroy anyone family like me
my sister's in law husband says i was the mediator for marriage and i'll get divorced.
Mustafa Bhat
05 July 2013 at 12:06
Respected Sir,
I got married in 2007,but my husband & in laws always use to criticize me & were demanding different articles indirectly from me.
In i became pregnant &in 2010 i gave a birth to baby boy & my husband took me to our house for short period of two & three days for 5 to 6 times & i was mostly at my parental house after the birth of baby.
In jan 2012 my husband sent divorce to me for no fault of mine through registered post,which i refused to accept,then some elders from our family tried to settle the issues as i & my family want to restore materimonial ties,but he was adamant on divorce,moreover he has written in the divorce deed i am having mental aliments before marriage & after marriage also & also i tried to commit suicide.Which is total wrong as i dont have any mental aliment.
Finally we lodged an FIR against him & his family for 498A & also filed maintences petition in court,the fir has culminated into challan & has been submitted to court ,they also recovered some of my belongs from inlaws while as for gold is considered they have not recovered even though my gold is with my inlaws & i have given the list my Gold & other articles with my inlaws.So,please advise what to do.
When i enquired to police about gold they said u didnt gave vochure so we cannot add 406.
Secondly as for as maintences is consider the judge awarded interm maintences of Rs 1500 & Rs 1200 for me & my baby & my advocate says once the divorce gets proved that it was communicated to me then i am not ineligibly for maintenance.Please advise as me are both muslim (sunni),Now Judge has also give us lost opportunity to call our witness.Please advise what to do.
Moreover Can i file defamation suit as he has defamed me by saying she has mental aliments & has jumped through windows in night & has tendency to commit suicide .Please advise& help me as it can help to my Lawyer also.
Also can i file 406 separately now
sunil kumavat
05 July 2013 at 10:58
sir, i have filed a case for divorce at jalgaon district court and then i got transfer at aurangabad where my wife has filed a case of domestic voilance against me . the divorce case is in very primary stage and i want to shift it to aurangabad district court . what should i do for that.
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Notary and advocates punishable for stamp paper divorce
Two parties have made a mutual divorce agreement on Rs.100/- stamp paper by the advice of their advocates and notarized it through public Notary. The advocate of parties have helped in drafting and preparing divorce deed. Have the Notary and Advocates of parties done punishable act or offence in eye of law (because Divorce should only granted by Court and not by Notary)? If yes, under which section is it covered? Any reference is available regarding this matter?