Law Querier
05 May 2013 at 19:05
Wife from Canada has filed a divorce case under section 13 (1) (ia) in India by giving Power of attorney to her father. Husband doesn’t want to divorce. The stages of the case (1.enter the petition by POA ,2.Reply by opponent,3.evidence by POA of petitioner,4.evidneces by opponent,5.Cross-examination of POA holder of Petitioner,6. Cross examination of opponent) are already completed. Now, Husband has made fake facebook account on his wife name. He has put only normal photos of his wife and gives only details about her family members. Wife’s father has filed complaint in DCB Crime Branch about Cyber Crime. I am from Husband side. Can I know what is the punishment for making fake facebook account? Under which sections/law is it Crime? Husband has not any wrong intense for this and don’t know about the Cyber law. What should husband do in this case? How can this action of husband make harmful to him? Please reply.
Member (Account Deleted)
05 May 2013 at 14:44
I have filed a divorce case under cruelty since December 2011 and my cross-examination is going on.Now suddenly out of the blue,my wife has emailed my cousin sister with a lengthy email making all sorts of false-accusations about me and denying any problems from her side(She hid previous uterine disorder from me).Can this also be considered Cruelty?
If so,how can I add it onto the affidavit as my cross-exam is going on?
Sandeep Kumar
05 May 2013 at 12:56
RCR filed in Dec' 2011
(before RCR several attempts made; by phone calls (having call records), parents going their home for take back - she refused, sending money order twice, internal meeting etc.) she refused RCR three times and finally lodged totally false 498a, 502,307 etc.,to all my family members in Aug' 2012.
got anticipatory bail from kolkata high court .
She has taken all "STRIDHAN" as high court advised.
Chargesheet submitted by police, no proof (only police repeated his story in the chargesheet)
Again, RCR sent, now received but not appearing and submitted for one more month time for response.
498a case also going to start.
Actually she trapped in her false 498a case, second way their family members urging for excuse.
Question - What she going to say in RCR, if she comes.
If they planning for money (maintenance or alimony)then how can stopped.
She having intention from beginning - not to look after family members and give all earned money. their family members (mother (father expired), brothers) used her to extort us.
She is not earning lady and no child.
Our intention - Not to keep her and don't want to pay single penny.
Advice please..
Harrased
05 May 2013 at 10:28
As stated earlier that my wife has filed 125 in court and police complaint for dowry in her city which is 150 Km away from us to harras us. In counter I filed divorce case which is not moved for single inch yet. And she has got transfer the case in her residential city coutt due to which I. will have to go every time and is big hartasment to me. Now I want to know what else case I can file against my wife and inlaws who has made my life hell by putting false cases. So that they can also have the taste of their own medicine. Is there any criminal case to file against them
Mohan Singh
05 May 2013 at 04:05
Dear sir,
I got married on 24-4-2012 at kolkata, which the resident of my wife, i reside at Ranchi, .from the 3rd day wife was behaving abnormally and threatening that she will put my family behind the bar. 10 days after the marriage my father-in-law came to my home at Ranchi and took her doughter to kolkata saying that he need to change the environment then after 3 to 5 days we will sent back to Ranchi.
after 5 days we call my Father-in -law there he said we will not send my daughter to Ranchi.
we tried to find the reason bend not sending her daughter to ranchi but we failed to get the same.
then on 18th-may-12 i sent her a legal notice with the help of a lawyer to sent back his daughter to my resident in order to live my marriage live else i will file RCR.
In reply to the notice he said we will not sent her to Ranchi as Ranchi is an insecure place.
now after a year of marriage she has filled Maintenance case 125cr.p.c against me in katihar court.
My Lawyer in the petition said that The the katihar is not under juridiction area as boy Reside in Ranchi and Girl resident is at kolkata and marriage sermonized at kolkata to please drop the case on the ground of Lack of territorial jurisdiction but my case was not dropped.
Now kindly suggest as to how to make the judge to drop the case on the basis of jurisdiction.
Give me suggestion how to proceed further.
I have also said that i am unemployed person.
mycent
04 May 2013 at 23:12
Dear Experts,
Pls guide me in my situation.
1). My opposite party was present in court and is aware of the order passed. But in another petition my opp party is claiming ignorance of the order quoting that he was not present physically & was represented by his advocate thru vakalanama & that his advocate has not communicated the order to him. How can I refute this point of his.
2). Secondly he has filed rejoinder to my petition without any signature or affidavit. Is this acceptable ? If not what should I do ?
Your esteem guidance will be highly obliged.
-mycent
sasha
04 May 2013 at 22:41
I hav been granted maintenance under section 125 crpc of 30,000 rupees per month .i hav two children with me .my husband is a merchant navy captain.he gave me money for eight months .rest of the maintenance of 22 months is pending.he was not taking summons nd warrants were issued against him.
Now to save his skin he's put up a case of section 127 of change of circumstances.he now says that he's working as a councillor nd now his salary is just 15,000 rupees.whereas as a captain he was drawing a salary of 3,40,000 rupees per month.
A case of 498 a has been registered against him.in bail appl to show that he's given me more money than dowry given by us he's presented all his bank statements ,that I hav taken out more than crore from all his accounts.
I hav put a revision of enhancement in session court.
My qus is
1) is it possible that my maintenance will b reduced( I am not earning anything)
2) is it possible that he could stop execution of payment under section 128 ,which is due on the same date of hearing of section 127.
rea
04 May 2013 at 18:40
20 yrs before his death, my father registered a will with my mother as beneficiary. Again 2 yrs before his death, he wrote a will with my mother as beneficiary but did not register it. We made use of the last will. But now some of our relatives are creating problems regarding the property for us. They are saying that unregistered will has no value. Can we use the registered will now after using the unregistered will?
Harrased
04 May 2013 at 17:26
I come to know that my wife has filed the DV against me, my mother married sister and brother. She has filed the case from her paternal city. I want to know shall we all have to attend the court on date or only our advocate can handle the matter ? Is it a civit suit ?
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Appeal period counting
25 / 04 / 2013 -
my petition u/s 11 of HMA allowed. Marriage declared null and void
26 / 04 / 2013 -
myself as well as wife's advocate filed application for certified copies (judgement + decree)
04 / 05 / 2013 -
certified copies ready for delivery
04 / 05 / 2013 - (Saturday)
last working day before Summer vacation.
i collected my certified copies on 04 / 05 / 2013
wife's advocate didnt collect his set of cert. copies
he is saying that he will collect the same after vacation
appeal period = 90 days.
these 90 days will be counted from 04 / 05 / 2013 or the date on which wife's advocate will collect his copies SOMETIMES in future after summer vacation ??