Atish
07 April 2013 at 00:07
Dear All,
Firstly I thank you all who have answered my quries in the past.
My wife (we have 2 sons who are living with me)had filed a divorce petition as per muslim law(and had left the matrimonial house without informing me and without any reasonable cause or any police complain filed) through my ex lawyer who had all the property and money information of our entire family as he had prepared the wills for all. In the family court we produced documents of my wife’s bank account in one bank which she had opened jointly with the lawyer as either or survivor while she was staying at the matrimonial house before filing of the Divorce petition. In the same bank she had opened a locker and had made the lawyer the nominee and she had also opened a few Fixed Deposits of quite a large amount in which she had again made him the nominee. In this bank he had introduced her as “Housewife” first with the matrimonial house address and then changed it to his office cum residential address.
We also produced another bank account in which she had made him a nominee and also a nominee for the debit card where he would be entitled to the insurance money on her death. In this bank she mentioned her status as friend to him and produced a leave and license agreement of his office cum residential address showing her as a licensor. Here he has not registered the leave and license agreement but just on a rs.100/- stamp paper for convenience of showing an introductory address in the bank. The License fee also shown and deposit shown is hardly 5% of the actual value of license fee in that area.
Besides this we had also produced photos of him picking her up from her work place while her cross was going on which she had agreed at the time of cross.
We have also produced enough documents and photos showing that my wife had coverted to Christianity many years ago. These include her photo of Baptism, letters written to her son in school preaching Christianity and many receipts of cheques given to Christian Missionaries on her name, and all this while she was residing at the matrimonial house.
We have put an application in the Family Court for Adultery and Conversion.
My wife who has made many and umpteen allegations against me in her petition has not even brought one document or oral evidence on record whereas we have brought maximum documented and oral proof against her and I really mean lots where she has lied about 95% of them in her cross which has been noticed clearly by all.
How bright are our chances of an order being passed in adultery and conversion by the Family Court with whatever proof we have provided.
Regards
Ganga
06 April 2013 at 22:31
Hi,
I am residing at my parents place since 2 years. and inlaws have not even tried to contact me once nor do my husband. so i sent a notice for my streedhan and certificates, but now they are refusing and replied that i have taken all my belongings with me while leaving their house. I am not working also my lawyers charge is too much. So can you guide me as to how can i proceed with my case and also i need a divorce.
Rajan
06 April 2013 at 21:26
Dear Sirs,
The Divorce Petition filed by the Petitioner was dismissed by the sessions and district judge.
Can you kindly advice, if the petitioner should apply of review in the same district court
Or go for an appeal with the High court?
Is it possible that the petitioner can get back all the originals documents filed at the district court. Kindly also advice if the petitioner can file the CA for the copy of the judgement and for the original documents together.
Can you kindly advice what is enforcement of the judgement.
If the petitioner appeal against the judgement, can the respondent be able to claim to come and stay in the house of the petitioner.
Please advice and thanks for your advice
J.K.SHARMA
06 April 2013 at 16:09
Dear All
Pls guide us if husband expired due to illness what impact on other co-accused whose name are in 498A. Is case was closed or its run on others. or after 1 motion payment which amount settled will be payable by others or not.
Thanks
manik
06 April 2013 at 13:28
Hi Team...please suggest how can I inform the court that I won't be able to appear on 1st hearing in the matter of Section 13 (1) (ia) of the hindu marriage act 1955 read with section 26 of the protection of women from domestic violence act 2005...I am not medically fit...
Amit
06 April 2013 at 09:16
Hi,
The magistrate had passed the an order in the DVC asking me to pay rent to my wife.
But though I have no issues in paying the rent, couple of questions remain.
(1) There are factual mistakes in the order for e.g., that we stayed 1.5yrs together whereas we stayed only 8months together and that we went abroad for honeymoon which we did not etc. What action should be taken to correct these?
(2) My wife is not giving me her bank account number while final date of paying money to her is fast approaching. What should I do if she does not give me her bank details?
Adv.Mahendra Vairagade
06 April 2013 at 02:01
Hi,
i have an case in which civil judge Senior division has passed an order u/s 24 of Hindu marriage act and directed to pay 4000/- per month to applicant wife.Now plz tell me this order is revisable or i have to approached under art.226 and 227 before High court or anything else.plz guide me.
Net
05 April 2013 at 21:56
Hello respected sir, Me and my husband applied for divorce by mutual consent. Its been a year now, havent heard anything from him nor from his lawyer. How can i find out the status of the same. As my husband's lawyer is also not helping me giving the information nor the case number
maina
05 April 2013 at 21:35
I am separated with my husband since 20 months and in between 23 months. my husband and nobody from his family came at my home to get me back.I tried my level best for going back and again start our married life but always my husband put some excuses and hold this matter for further discussion.Now i file domestic violence case against him and during my first hearing i came to know hat he already filed section 9 and divorce case against me.he never sent me any information and any notice for those cases.this is very shocking for me, as he was continuously in touch with me and always talk about our happy married life and patch up.After that , with the suggestion of my lawyer i filed 498a against him and his parents. they all got arrested and get immediately bail too.He cheated me, ignore me , but still i really don't want to loose him.i want to stay with him.Please suggest me what should i do next.is there any hope in my relationship.please suggest me.
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Matrimonial home entry
Dear Sirs,
Thank you for your advice.
If the divorce petition of the petitioner husband is dismissed by the sessions court and the petitioner husband as adviced by the experts shall prefer to go for first appeal at high court.
In the meantine, can the respondent wife be entitled to enter the matrimonial home (kindly note that the petitioner husband is not staying in the matrimonial home the address of commincation of all the petitions and the matrimonial home is rented to third party). Petitioner husband is residing in another town in a rented house. In this case will the respondent wife be entitled to enter the matromonial house that is rented to third party.
If she by forces try to enter, what is the remedy left to the petitioner husband
Kindly advice