Adv Vikramsinh Mohite
16 March 2013 at 17:16
Hon'ble Experts,
Wife of my friend has filed domestic violence case against my friend. She is staying with her parents for the last 1 year. In DV application she has claimed custody of 2 children aged 12 and 10. Children are not ready to go with her.
Can she get the child custody in such circumstances.?
What are the remedies available to my friend?
Kindly advise.
Thanks
maina
16 March 2013 at 17:08
Hello,
I am separated with my husband since 20 months and in between 20 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.Please suggest me what should i do next.
RahRamJosh
16 March 2013 at 16:57
Dear Experts
Following are my circumstances.
I have been separated since 2 years and the divorce case is also pending for almost 2 years.
Lawyer says that settling the issue by meeting the other party's demands is the quick thing of getting divorce else there is wait for at least another 2-3 years
Is there anyway, I can avail divorce in UK when my Ex is in India. Currently I am contesting divorce in India on valid grounds of cruelty ?
On what grounds will the divorce be granted in UK ? Is separation for 2 years deemed as valid grounds for divorce in UK Will there be any grant of maintenance from UK court ?
I am aware that UK divorce is not valid in India. However, this will at least deem me as a divorced person in UK.
After a grant of maintenance, what are all the procedural steps I need to undergo through Indian court should I opt for contesting instead of giving in to her settlement demands.
Thanks & Regards
Ashwin
abhimanyu
16 March 2013 at 16:13
During around 3 years of marriage, wife was given mental tension regularly. Taunts and abusive language was a daily affair. Demands of money and dowry were being raised by husband and in laws. Wife left husband place and wants to file a case for divorce.
As she has not filed complaint any where, how she will prove charges of mental tension, taunts, dowry demands etc. in the court.
JAI BHASIN
16 March 2013 at 13:29
One flat was purchased by me along with my wife in 2012.We both contributed our own saving funds separately to make full payment.We got registered this flat in the names of four members of the family-myself,my wife and two sons without showing any percentage of shares of the property.Sons did not share any money to buy this flat.For the safe side, we have got registered their names in the SALE DEED.Now my elder son is claiming his share in the flat as co-owner(as his name was registered).Now I think,I have done this mistake to get registered his name in the sale deed.Please guide me,how we will solve this problem?
B Pradhan Singha
16 March 2013 at 12:47
I have the following quarries, please reply:
1) Is it mandatory to file a separate case U/s-25(iii) of special marriage act to declared a marriage null and void by the aggrieved party or it may be declared null during prosecution of an another case?
2) before exceeding 1 year the trial of a case U/s 365,366 IPC against victim's relatives has been started. During this trial, if the victims became successful to proof that she was forced to sign in the marriage registration, then does it mean that the proceedings U/s 25 (iii)have been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered? And can the court dismiss the case U/s 366, 365 IPC on the ground that the marriage is null and void?
Actually the defense counsel is going to argued on that point and they are trying to their best to proof that the signature was earned by means of undue influence. Next date is after completion of 1 year from marriage, they still have not made any separate suit to void the marriage.
Is their any verdict of high court/SC which may effective to stop their argument for void marriage during trial of another case.
3) Also one thing, can they made any FIR against me for kidnapping their daughter for marriage U/s 366 IPC after delay of more than 1 year from the date of occurrence? (note: initially they had made a missing diary before 1 year and the diary was closed as recovered)
4)Can they made a FIR for kidnapping where there is already a missing diary, closed with recovery record?
Please reply,
I am confused...also in fear....
I want justice...but trial is going to established the lie and false fact.
5) May i ask for contacts of any competent advocate in this open forum?
Naresh Sakpal
16 March 2013 at 12:32
Dear Sir,
In village Cr.pc 125 Case filed by wife from May,2010 and Oder come from her side Rs. 4000 p.m. and till Aug, 2012 ( i.e. June, 10 to Aug,13 Rs.1,13,000) to pay by me. In mumbai I files a case i/s 9 which ordered Jan,13 from my side petition allowed. In which she got interim-maint. for Rs. 3000 p.m. ( i.e Oct,10 to Dec,12 Rs. 81,000) Now Both court by wife apply notice forcing me to pay both amt immediately or Warrant will issue in my name.
Now in Mumbai court I paid till 50,000 to her. She apply RD. Old job of 7500 resigned by me. Cert. produced in both court. New job 3500 Cert.produced in Both court. Mumbai Order produced in Village Court. Apeal done against 125 at time Six month before. No stay uet come. All Mumbai maint.receipt attached.
Now I cant pay in Village court for the same period for which I am paying in Mumbai.
Please advise me what to apply or File.
Thanks
Puran Maurya
15 March 2013 at 20:38
My wife file u/s Sec-125 cr.pc. for maintence in 2006. My wife always says if you not press our case then i live with her.
In 2007 i "not press" own case u/s Sec- 9. then running own case u/s Sec-125 cr.pc. regullary & get X-party order about 1200/- per month maintence. after information & cheting of wife geting X-party order I, filed Sec-126 (2). In u/s 126(2) Hon'ble court passed order give maintence 600/- per month filing date of u/s Sec-125 cr.pc.
Noted:-
1) My wife write in sec-125 cr.pc. in 2006 "not working & his family members are not working" at this ground she get x-party order. but at that time she is teaching a Private School.
another is she writes husband is working in so & so but not give any evidence.
2) My wife is practicing lawyer in 2009.
4) My wife write "Unmarried" Bar counsel Registration form.
5) My wife & his advocate beating in Family Court, I infrom to Present of Family court, related Police Station with medical but not do any proceeding.
6) She writes always false statement.
Relief:- what can i do & what section is liable
ark
15 March 2013 at 17:46
sir, i married a widow 3 years ago.. and got the marriage registered..in registar office...we were in releation for past 5 years..
she wanted me to keep our marriage as secret since she had to get claim amount for her first husband acccidental death..( her husband died in road accident, he was govt employee) this girl is having a child from first husband..5 years now..we were living seperately and met secretly girls parents knew about our marriage.. Now after getting compensation she married another person without my knowledge....6 months she cheated me...
I want to file a bigamy case sgainst her..
fearing that she may put 498a/ harrasment case against me...
her brother beat me for calling her about my marriage issue.. a case is filed against his brother u/sec 343,34..
i have proof of her new marriage and my marriage certificate.. no photos of her with me...
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Rcr and 498a
Sir/Ma'am,
I am Abha Srivastava from Jhansi married to Ankur Saxena. They married me under a fraud, lied that I will not be made to stay in Chennai. Tortured me for dowry, cash demands and forced me to agree for sex determination of my unborn child. When I denied, they refused all medical help to me and sent me away to my parents place on 17th Nov'11, only 6 months after marriage. I have been with my parents since then till date. After my daughter was born on 1st June'12, they put up unjustified demands and asked me to break all to do with my parents and brother. Unfortunately, my daughter passed away on 13 Aug'12. They put up unacceptable terms before me if I wanted to join them back. I tried to talk to them but they have stopped responding to my mails and phone calls. My husband filed RCR, but no copy of petition has come to me till now even after I sent a letter to the Sub_court Tambaram, Chennai, where he currently resides and has filed RCR in December '12. Kindly Guide me what to do? The climate and water of Chennai is not suiting me and I am being harresed and tortured publicly and privately there. My husband is good to me when his parents are not around, and when they come, I become invisible for him. We are not allowed to sit together, talk or even sleep in one room. They show as if they married me only to bear them a son and then leave. I do not want to file 498A. Do I have any other option?