Member (Account Deleted)
15 March 2013 at 15:39
Q)my wife has filed transfer petiton of my divorce case in supreme court of india where the case was referred to mediation center of supreme court. 3 session of mediation was held and last session is on 21/3/13.i want to know does mediator has to submit detail report of mediation to the court. can any remarks of mediator is helpful in transfer petiton. moreover mediator is expecting something i.e money, from our side. plz guide me what are the power of mediator.
Intern
15 March 2013 at 13:50
Leraned Experts
Query in short..requested to reply as what law says about jurisdiction
Husband and wife were living in Bhopal after marriage. After all blunders and fight wife came to her parental home in Delhi and flied package of cases 498a 406 34 DV-125 etc.
The allegations which she has put in FIR are all based out of Bhopal where the couple was staying...in layman she has alleged that she was beaten in Bhopal...dowry demand was also done in Bhopal and all shit which is written in FIR pertains to Bhopal not Delhi
My query stands when all allegations are pertaining to Bhopal....can the husband Can approach court to change the case jurisdiction to Bhopal local court??
And if yes whats the procedure??
vaidahee
15 March 2013 at 12:50
Facts:
I am a 35 year old woman, post-graduate, house wife for the last 6 years.
Guy’s mother is working with a reputed firm. She has some mental illness and is/was undertaking psychiatric treatment for the same.
She is extremely stubborn, does not take no for an answer and successfully forces her way in every single thing.
There are many reputed senior doctors in the family who too are highly influenced by her.
Guy is like mother. Extremely stubborn. Physically, mentally, verbally and emotionally abusive. He takes order from his mother like a slave (no exaggeration). Guy has business in south and hence is away from home for 3-4 months at a stretch. After each assignment takes a break of 2-2.5 months and comes down to pune as well.
Guy has sister, well educated and well settled. She has been the one who has initiated the divorce idea.
5 year old son’s possession with me.
All are STINKING rich.
Finally MCD decided. Date in last week of March 2013.
Streedhan and one time settlement not the main issue. Hence, shall keep aside the topic.
My burning issue is my 5 year old son.
Guy’s mother is Fanatic about my son. Living in a joint family with inlaws,I have not been able to successfully voice her weird way of pampering of my son. My son too adores her a lot and I have never tried to bring down that relation nor said anything nasty about them to my son.
However, on the other hand, I am learning that they are somehow either by playing games, through stories, cousins’ talks and examples making him think that he shall be better off living with them. He dearly loves me and even with them if I am not around for a long long time he does cry for me (this I know from the neighbours)
Knowing that I can be emotionally manipulated, Guy’s sister keeps talking to me and finding out what my next plan of action is , and how it would be in my son’s best interest if he spent a lot of time with his grandparents rather than in a day care.
They are so confident about themselves, that they are boasting to friends and relatives that my son will happily go and live with them.
Please advise what action I should take? Any suggestions are welcome
I am walking out of the marriage for my son. His safety , emotional stability .
Please advise what action I should take? Any suggestions are welcome
Sundram N
15 March 2013 at 09:53
Dear Seniors and friends,
Under the circunstances of filing case of 498a on all the members of family and bail for husband is only pending in back six month before session court. and hoped that wife filed 125 also to extort money from husbnad. children ae two age more than 7 yrs.
kindly share your exper view that, husbnad can file diovorce and petition for custody of children as their education is deteriorating day by day.
in the circumstances as bail is pending only for husbnad than:-
1. only child custody petition will be proper in view of saying before court that husbnad wants to take custody of children to bear hundred percent of expences so that wife side can not extort huge money in the name of maintenance of children.
2. divorce will be proper to file after geting bail of husbnad.
3. at present, before geting bail of husbnad : only child custody is proper to file or divorce with child custody case will be proper to file immediatelly.
kindly share your expert veiw in the above three circumstances.
iTuzzar
15 March 2013 at 00:31
I have my birth certi in local regional language. I want to translate it in English for international use.
Which person, authority or organization will be helpful to me? Should I go to advocate, hospital or elsewhere?
GAURAV
14 March 2013 at 20:24
Sir,The son has Expired and the wife of son not permit us to meet our grandchildern who are minor.Is there any law which can be utilized to meet my grand-children?
S
14 March 2013 at 19:34
Dear Friends,
I am asking this on behalf of my friend Mr. Raghu Chettiar.
1. Wife is highly qualified with post graudation and was working prior to marriage but still getting Rs. 12,000/- as Interim Maintenance u/s 20 HAMA (Hindu Adoption & Maintenance Act). She had prayed for separate shelter in the interim application. To which the Family Court Judge along with passing the interim order mentioned that her request for separate shelter will be considered during final disposal of maintenance petition.
2. After 1 year, Wife filed a case under Domestic Violence and again asked Interim Reliefs u/s 23 of Domestic Violence Act and Residence Order u/s 19 for alternate accommodation.
3. The MM passed an order that the Husband although paying interim maintenance as per HAMA order has not made provisions for shelter and passed an order to provide alternate accommodation of the same standard as enjoyed by wife during her stay with the husband or pay Rs. 8000/- as Rent.
4. There is no mention of domestic violence taken place in the order.
My Questions:
1. Is the MM's interim residence order appeal-able with higher chances that husband can get the order set aside. Also, the Appeal has to be lodged within 30 days or 60 days?
2. On what grounds can the appeal be made?
a) Same prayers in multiple courts/proceedings? Any judgements?
b) Under HAMA, definition of maintenance includes residence.
c) Highly qualified and post graduate.
d) Sec 19 can be passed under Disposal of case and not during interim order?
e) If she needed shelter she should have approached the same court and not other court.
Any other grounds of getting the appeal succeeding in cancelling the interim residence order.
Please help.
IK
14 March 2013 at 15:54
To
Lawyers Assn.
Legal Experts.
Sub: Dismissing the Petition in the Family Court.
2) Already submitted the Supreme Court Decision stating Inter-Religion Marriages are invalid under Hindu Marriage Act.
3) Application submitted to Court for dismissing the petition filed, because the case is not maintainable.
4) The Hon'ble Judge knows that this case has no maintainability.
5) But the Judge has given them 5 chances (dates hearing), but still opposite lawyer has not filed the objection but delaying long.
Dear Sir,
I am Mr. Khan residing at Bangalore City and respectful citizen of India. I have some queries and require a legal advice with Citations or Judgements from you. It would be highly appreciated in this regards.
Matter:
The Boy (Muslim) was student in 12th std. In the year 2003, the boy (Muslim) used to go to tuitions. In the tuition, a Girl (Hindu) had became friend with him. Even she was coming for 12th std tuition but from other college. The Boy family background is good. His father is well respected Educationist and Mother is also Professor. The Girl family background is not good. His father is a Mestri (Contractor) and Mother is Housewife cum Dancer. They resided in very bad area in Bangalore were people mentally and quality of living is not good & famous for dirty things.
During there tuitions, her friends used to meet the boy’s friends and the same way this Muslim Boy and Hindu Girl became friends. The Hindu Girl came to know about the Boy’s family status, he used to go in Car and bike. Firstly the Boy tried to avoid, but off sudden many times she used to come to Boy with flattering talks and emotion and ask the boy to help her.
Then this relation went further on, she started telling that she is in love with Muslim Boy. Then, she was always trying to woo and attract him. One day, she told that she cannot stay away from him. So she told that they shall runaway from their houses.
The Boy was also became emotional with her. So, one day they ran away from their homes. Now, she forced the Muslim Boy to marry her. Firstly the Boy got scared and avoid but she pressurized saying everything she and her friends has arrange. The boy was in dilemma.
She took him to one Sri Ganesha Temple in the outskirts of the city and made some rituals and also she told to the Priest that Muslim Boy name is Rajesh(Hindu Name). But the Boy has not changed is Name legally (Still present he is a Muslim with his muslim name only). They taken photo of the pooja and both of them standing together. Some 8 photos have been taken. Then, the boy was afraid. They went back to their homes without informing anything to their parents.
Later on, the Hindu Girl started blackmailing him. The Boy never made contact with her again. He told to his parents that he want to studies further in abroad. So, they sent him for studies. Now after some period of time that girl with her mother started blackmailing the boy's parents. This is how it happened.
Now the Case,
1. After longtime, in 2006 the Girl Registered a Complaint in the Police station as 498A, 506B under DP Act.
2. She now in 2012 registered a Divorce Petition u/s 13 in Family court also.
3. She stated they are married as per Hindu Rituals. Photos in Temple taken. (But No Proof of Marriage Certificate or affidavit or any legal document issued from the government or court authority).
4. She filed Divorce Petition u/s 13 of HMA in Family court also now in 2012..
Now, I have given all the facts and details about the incident.
1. Its inter-religion.
2. No marriage documents.
3. She never lived at Boy’s parents house.
4. Change of Name.
5. No religious conversion taken place on both sides.
* * * * * * * * * * * * * * * * *
Present Status:--
1) In the 498 case, this case is running still in the court. Now its in Statements.
2) In the Divorce case in Family court, we have submitted the Supreme Court decision that 'Inter-Religion Marriages are invalid under HMA'.
We have submitted Application to Dismiss the petition, has the case is not maintainable.
Note: Also the Hon'ble Judge knows that this is an Inter-Religion Case and has No maintainability.
3) But the Judge has given them 5 chances (dates hearing), but still opposite lawyer has not filed the objection.
Questions:-
1) How to immediately Dismiss this Divorce Petition. Because already they have given 5 chances.
2) How to convince Judge to dismiss the case fast without delay.
3) After dismissing, will this help to dismiss the 498 case.
4) How it is to be done.
Note: How to immediately dismiss or quash these 498 and Divorce petition.
Sir, this is a sincere request with your kindness. Please help us with the above details.
Thank You
Aamir
14 March 2013 at 11:17
Hi my parents where sapareted 37 years ago, My mother is living with me right now, My mother has
filed a case in (1976) which judgement came in my mother's favour in my father has to pay Rs.
75\month to my mother and Rs.25\moth to me.
1). We have filled a case against my father of phsyical harresment which he has done to my mother
76yrs ago and for right in his property.
And we lost this case ( the judgment came that a wife cant file case against his husband after so
many yrs and the judge have menthined some supreme court judgment).
2). Can we file case for the recovery of the amount 75 and 25 which is in the order.
3). Can I or my mother claim rights in my father property????
What can be done if my father has put property in the name of his second wife or kids.
He have never helped\talked me or my mother in 37yrs.
People like this should be punished.
Please menthion islamic law which can be aplicable on my father.
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Wife not allowing smooth access of child
Hello Ld. experts,
My wife filed for divorce under cruelty. In the mediation, we had mutual consent for child access and interim monthly payment to kid. Unfortunately, she is not implementing the order in a proper way. She is trying to harass me by not coming on time and leaving at the same time as mentioned in the mutual consent agreement. She brings her family members due to which child hardly comes to me whereas in the mutual agreement it has been clearly mentioned that the child should be accompanied only by his mother. Also, sometimes she doesnt bring the child on access dates mentioning that the kid is not well so whenever I ask for any alternate arrangement then she doesnt even respond.
In this relation, I requested her to kindly follow the agreement so that both the child and father can have good time with each other but she is least bothered.
From my side, I am following the agreement and making payment regularly. Kindly suggest how can I handle this or what actions should be taken?
Also, I wanted to know that whether I can skip my regular payment to child if she doesnt follow the Mutual consent agreement for child access....what will be the consequences for non payment? Can court will allow such measue if wife creating obstacles in access?
Regards