aman rajput
03 May 2013 at 22:49
Dear Ld. Frineds My Wife have filed false cases of DV, CRPC125 & 498 against me whereas before that i had already filed RCR section 9 and case for custody of my daughter. Now sir since i m still trying to get my wife back I had few meetings with my Inlaws out of the court where i m pleading with them to send my wife and my daughter back and but obviouslyI had some conversation with them in flow of my sentiments without unknowingly that they can also record my voice and can misuse the same in other context also in the court.. So sir I just wanna confirm that are these recordings really matters in the court and whats the worse they can do against me..and what should i do further to safe guard myself..????????/
Sayeed Nazir
03 May 2013 at 21:12
Dear All, requesting to seek advise on an Exparte Child custody order, the summons were send thru Speed Post to the respondent by the district court which were duly returned as mentioned - refused to accept, by the respondent to receive the summons where as news paper publication were also given where the respondent never attended the court so the district court ordered ex-parte of minor child custody, need to know if the respondent can file petition to set aside the degree,if so petition is filed will the respondent petition will be allowed or not since the summons were refused by the respondent, Also let us pls know what defense ground can be taken for the set aside petition, if any citation we will be happy and thanks a lot. YOUR VALUABLE REPLY WILL HELP US A LOT TO SAVE A MINOR CHILD FUTURE FOR EVER.
INDIAN
03 May 2013 at 17:57
After giving the dowry demand complaint me and my hubby was called in front of IO where my hubby refused to live together and given the statement that two court cases are pending in the court ( from 125 and from hubby under section HMA 13). IO also told me to give ur statement and same is given . Now IO is telling that we will send u both in the court . Now my query is if any court cases are pending then will the IO not register the FIR as my hubby is clearly refused to stay together ? As I requested u in my earlier query that once we were compromised in Caw cell one year before also . If she will not register the FIR then what is the remedy to get register the FIR through police?
M Chaturvedi
03 May 2013 at 17:46
Dear Sir / Madam:
My brother got Divorce through Mutual Consent after Settlement in August, 2012.
But, before Mutual Consent - We were fighting false cases of DV Act 2005 (DV), 498A, 406 filed against us by the Ex-Wife of my brother & Her Family.
We were almost close to prove her & her family Wrong as we had procured her Income Proof, REAL STORY behind her False Doctor's Certificate (which they had attached in her Petition to Falsely Prove DV). But, when they came to know that now nothing strong stands in their favour, they came up for settlement.
Also, our Lawyer suggested to finish-off the matter by settling and not wasting time & future.
We made a Memorandum that both the Parties shall Withdraw cases against each other & also SHALL NOT file any further cases in FUTURE. Also, it was decided & written in Memorandum that the Ex-Wife of my Brother shall co-operate with us in Withdrawing the cases filed against us.
Here, they have only withdrawn DV. 498A is still on - Yes, we know 498A cannot be withdrawn, but, they had committed that She (Ex-Wife) shall give relevant statement to the Honourable Court wherein both the Parties are safe.
But, now where the Divorce is Officially Granted & Technically She is Free. We are stuck up with 498A. She hasn't come to the Court till date. Only once she came, but, the Honourable Judge was absent. After that summons were sent to her home, but, "AS EXPECTED - RETURNED UNSERVED". Now, they are not traceable. we know they are in the City itself. But, it was always their plan to Free themselves & keep us hanging. I had actually cautioned my family members that they (Ex-Wife & her Family) are not Trustworthy, but, my Family just wanted to Free my bro from these animals. OK. Fine.
As of now, the case (498A) is going as usual. If our Lawyer argues & gets us Acquittal (since in this case withdrawal is not done) - Can we file a "DEFAMATION CASE" against them after our Acquittal? since they have not co-operated us in settling & clearing 498A.
M Chaturvedi
03 May 2013 at 17:38
Dear Sir / Madam:
My brother got Divorce through Mutual Consent after Settlement in August, 2012.
But, before Mutual Consent - We were fighting false cases of DV Act 2005 (DV), 498A, 406 filed against us by the Ex-Wife of my brother & Her Family.
We were almost close to prove her & her family Wrong as we had procured her Income Proof, False Doctors Certificate. But, when they came to know that now nothing strong stands in their favour, they came up for settlement.
Also, our Lawyer suggested to finish-off the matter by settling and not wasting time & future.
We made a Memorandum that both the Parties shall Withdraw cases against each other & also SHALL NOT file any further cases in FUTURE. Also, it was decided & written in Memorandum that the Ex-Wife of my Brother shall co-operate with us in Withdrawing the cases filed against us.
Here, they have only withdrawn DV. 498A is still on - Yes, we know 498A cannot be withdrawn, but, they had committed that She (Ex-Wife) shall give relevant statement to the Honourable Court wherein both the Parties are safe.
But, now where the Divorce is Officially Granted & Technically She is Free. We are stuck up with 498A. She hasn't come to the Court till date. Only once she came, but, the Honourable Judge was absent. After that summons were sent to her home, but, "AS EXPECTED - RETURNED UNSERVED". Now, they are not traceable. we know they are in the City itself. But, it was always their plan to Free themselves & keep us hanging. I had actually cautioned my family members that they (Ex-Wife & her Family) are not Trustworthy, but, my Family just wanted to Free my bro from these animals. OK. Fine.
As of now, the case (498A) is going as usual. If our Lawyer argues & gets us Acquittal (since in this case withdrawal is not done) - Can we file a "DEFAMATION CASE" against them after our Acquittal? since they have not co-operated us in settling & clearing 498A.
MR HIMANSHU
03 May 2013 at 17:34
My Divorce case is pending in District Court and next stage is of evidence, my entire petition is based on audio conversation with my wife showing cruelty, although vernacular language has been mentioned in the petition but CD containing audio conversation has not been filed at the time of petition in the list of documents, now at the time of evidence I want to file that CD, As far as my little knowledge is concerned, we can't do in accordance with Order 7 Rule 14, please suggest me solution.
rahul
03 May 2013 at 16:39
sir i had married with divorse girl which i knows before her marriage again come in contact and after her divorse due to my emotional nature i get forced married
with her in temple due to her family pressure but after marriage she is harrising
me for every thing ,she is suffering from venerial disease hiv & also having 11 yrs daughter also living with me its my first marriage & due to such incident i and my family is totally distrub i am alone son for my parents they think why it happen now i want get seperate from her but she is now harring me that if i live her she can put 498 & DV against my family as my family member are not present in my marriage and i am living seperate with her then also she is treating like this .
what to do i am really in tension pl give me a proper way to get seperate from her and have my married life. in emotion & in distrub mind i had done marriag & also not registered pl give right way .
sensitiveman
03 May 2013 at 15:06
Hello Experts,
Wife filed for divorce and in the divorce petition she has also submitted Streedhan list including the child's belongings. Now, recently she has sent one more list wherein specifically she has mentioned only child's belongings but this time she has added more items of the child's belongings.
kindly advise what should be my action or response?
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Divorce on cruelty
Dear Ld. Friends Its been almost 2.5 yrs my wife had left with my daughter when she was 3.5 years. After 6 months of leaving me I filed RCR to call her back in return of which she filed false complaint against me in women cell after almost 1 years of leaving me which further converted into FIR under Sec. 498a and later on she also filed false DV and Crpc 125 case against me. Now she is been preparing for to file divorce from me on cruelty basis. Now even I m also thinking over to divorce her. So if she files Divorce case against me on cruelty basis should i immediately give divorce to her..or constest it...If i give immediately then what will be the impact on other cases filed by my wife against me.....??