JASWANT VIJAY AGNIHOTRI
27 March 2019 at 23:13
धारा 125 का जो केस 2017 से लगा है उस मामले में मैंने आज से 3 महीने पहले से 482 लगा रखा है सीआरपीसी राजस्थान हाई कोर्ट में जिसमें मैंने हाईकोर्ट में कहा है कि सेक्शन 24 हिंदू विवाह अधिनियम में पहले से ही वर्ष 2014 से महिला ₹5000 गुजारा भत्ता प्राप्त कर रही है और वर्ष 2017 में महिला द्वारा घरेलू हिंसा और बाद में 125 सीआरपीसी का केस किया गया है क्योंकि हिंदू विवाह अधिनियम अधिनियम के प्रावधान उपरोक्त दोनों घरेलू हिंसा और 125 सीआरपीसी से ऊपर है इसलिए वह केस दोनों चलने योग्य नहीं है अब इस मामले का फैसला आने वाला था तब तक मैं इसको खींचना चाहता था इसलिए मैं इसका जवाब नहीं दे रहा था आज मैंने तीन प्रार्थना पत्र लगाए थे जिससे जज गुस्सा हो गया वह तीन प्रार्थना पत्र निम्नलिखित है कि
1- सीआरपीसी 91 प्रार्थना पत्र महिला के तीन बैंक खाता है जिन की स्टेटमेंट मंगवाई गई है
2 - बच्चे से मिलने के लिए प्रार्थना पत्र दिया 125 सीआरपीसी जिस पर जज ने कहा कि बच्चे से मिलने का कोई प्रावधान 125 सीआरपीसी में नहीं है हालांकि मैं यह चीज पढ़कर गया था मैंने कहा कि सर आप मुझे एक बार तो मिलना करवा सकते हो विजिटेशन का तो प्रावधान है जिस पर जज ने कहा कि आप बाहर से लिखवा कर लाते हो और फालतू की एप्लीकेशन लगाते हो यह मैं अभी खारिज कर देता हूं और तुरंत खारिज कर दी
3- तीसरा प्रार्थना पत्र मैंने लगाया था कि प्रकरण अंतर्गत धारा 498 ए और 406 भारतीय दंड संहिता में अभी महिला के जिरह चल रही है अतः उस प्रकरण में महिला का साक्ष्य पूर्ण होने तक हमें जवाब प्रस्तुत करने का अवसर प्रदान किया जाए जिसे जज ने कहा कि मैं नहीं मानता और आपको हजार रुपे पर अंतिम अवसर दिया गया था पहले जो कि आपने नहीं दिया है इसलिए आप का अंतिम अवसर बंद करते हुए सीधे बहस अगली तारीख को 15 मई 2019 को होगा
इस अन्तरिम रेप्लाई को केसे पुनः खोला जाए ।
Anonymous
27 March 2019 at 20:36
Hello Experts,
We are fighting our DV case in person. Today, we had called the Psychiatrist treating my brother from a distant place ( nearly 200 km away). On last date we had taken consent from the OP lawyer and he was convenient with the date in front of the Court. But, since last two days lawyers are on strike in our district. And today, he didn't come to cross examine the doctor in the court. Is it not contempt of court? what action can be taken against him as the date was fixed with his consent?
Anant
27 March 2019 at 18:03
Dear Sir,
I got married with girl from relative, ( marriage date is 15th July-18) at the time marriage they verify all the document, i..e degree certificate, salary slip, bank statement etc. But we did not do any cross verification of girls, we blindly follow them as they told that she has passed 12th standard, after marriage it is clear that, she is not capable of cooking food, can not read or write even marathi also. So we try to teach her but she was not able to grassp it. after 5 months, she left to her parents home, i.e. in the month of Nov-18. from that to still date she at their parent home, we call them to understand the her progress but her she has not any development, her parent said that, she can't developed. Now they stated dramma that, give them 5 lacs as marriage expenses and any lumsump amount as potagi.
when she was along with we did no do any harassment, after she left to her parent home, she also told them that, there is no any harassment done from us. Her aunty also agree that she said that, there is no any harassment done by us and we have call recording of her as well as her aunty stating that, there is no any harassment.
Now my question is that, can they file misleading case against us under DV or 498A section and what will be the another action of them.
what precaution we have to take on it, to avoid unnecessary litigation. Please guide
Anonymous
26 March 2019 at 18:38
sir my friend is a hindu at time of her marriage with muslim later she voluntarily embraced islam
now they want divorce which law will govern divorce
muslim law or
special marriage act
Sarathy
26 March 2019 at 18:17
Hi Sir,
I don’t know where-about of my wife for the last 10 years. we have a son of 14 years old. She used to visit me occasionally like once in a year or sometimes once in two years (I am in Chennai). I know that she is working in Bangalore.
She doesn’t want to live together. But she is ok to meet me at the place where I am living. 18 months ago, she visited me in Chennai at that time I asked about living together also I told her that I may get transferred to Bangalore. She was not showing any interest on that topic. If I force her about living together, she will become angry and will tell all the reason for not living together.
So, I didn’t have any further discussion. She took jewels and other items from me. She stayed with me for few days and left.
So, I applied for divorce and tried to find out her address. Also, I went to the place (Bangalore) where she was living in the year of 2010. I was told she vacated the house. I tried to talk to her through the phone. (By that time someone informed her that I was searching for her). She got angry and shouted at me why are you searching for me like a village person. I asked for mutual divorce since she was not ready to live with me. Then as usual Quarrel. She told me to go and get the divorce if I can. She blocked my number. I tried from other number again she blocked me by hearing my voice.
Now since we don’t know about her whereabouts, recently I got the EX-PARTY divorce.
She is a vengeance taking lady. She will turn her tongue at any time. Since I don’t know where she is living for the past 10 years, shall I file a complaint in the woman’s police station at my native place. Is it required? I don’t how to ask or what to ask more on this issue.
If any help or suggestion on this issue would be very helpful.
rajashekhar
25 March 2019 at 23:31
respected experts. the case is that wife filed dometic voilence case on husbend and his mother in law and USA residing sister in law and un married sister in law and brother in law .husbend only atttend court and when quash filed in high court same is diposed with a direction to approach district court with appeal . husbend is asking for exemption to other family members and he is ready to fight case .how to deal with exemption whether to approach lower court where dvc runing or district court how to go
Anonymous
23 March 2019 at 23:05
sir a man divorced his wife his wife by talaq ahsan by single talaq can he remarry immediately without waiting for the completion of iddat period
Nitin
23 March 2019 at 20:47
Dear Sir/Mam
As we all know "Tax evasion petition is the weapon of choice for the husband against abuse of dowry laws"
I filled a TEP against my in-laws in June-18 but no action is taking by IT deptt till now. I filled RTI but they reject it mentioning 8(1)(j) . I approached Ist appeal , in that also its dispose off. IInd appeal is under process. Its more than 9 months but no action is taken on my TEP application. I sent letters to CBDT but no action. In feb i apply for one other RTI but thats too also dispose off mentioning 8(1)(j). Plz guide me what should i do so that Investigation starts on my TEP application. PLz plz help me.... I m very much feedup.
Regards
Nitin
Anonymous
23 March 2019 at 18:48
sir 1 can muslim pronounce single talaq and divorce his wife does he need to utter thrice
2 sir is the difference bw talaq ahsan and talaq biddat that former former is single pronouncement later triple
3 can muslim woman claim maintenance after iddat period also
4 if a muslim woman has returned back her iddat amt back to her husband and returned to her home has she waived her right can she claim back again
5 if a husband divorced his wife by uttering single talaq on 12 feb 2016 and divorced and can he remarry again on 25 mar 2016 does he need to wait for completion of iddat of woman then remarry or can he immediately remarry
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Foreigner marry indian citizen in punjab
Hello, I am coming to India to get married Anand Karaj, we have been told we can marry under the compulsory marriage act 2012, I have a Apostille "No impediment to marriage" certificate issued from New Zealand, Do i need No objection letter/cerificate as well, if so how do i get it? I cant find it available in New Zealand or is the No impediment to marriage enough and covers single status and No objection?
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