R.Ramesh
09 March 2013 at 16:40
Good Evening Sir,
I/O came to my house and conducted enquiry with our neighbors and that time I/O said the result of enquiry shows that my sisters names can be removed from Charge Sheet but when I collected Charge Sheet in that I/O did not removed my sisters names and now I came to know that what ever the witness given by my neighbors I/O did not considered and instead of this I/O had kept only my wife sides’s people’s witness but my wife side witness people they are not aware about issue and moreover they are from different place and even they did not watched and they does not belongs to the place of offence.So, with false witness I/O had submitted the false charge sheet and made involved all our family members in Charge Sheet. So, sir on this for whom I should to complaint about false filling of charge sheet or in what way I should proceed legally.
Thanking you.
SHRIKANT
09 March 2013 at 12:13
Hello Sir
Myself from Mumbai married in June 2006 . Wife has left matrimonial home in Gujarat since Nov 2010 alognwith 5 year old son. Even after trying several ways by family friends she is not ready to come back . I sent a legal notice in Aug 2011 asking her to come back .But she file CRPC 125 of interim and final maintenance in sessions court of Gujarat. She has been asked to come before court for putting her say but shes not appearing in Court since last 6 hearings and my lawyer is not helping me much . Now after 2 and half years of separation all relations are dead and i want to start new life. However i know if i file divorce i will not get it since it would be contested by wife. So , should i file RCR at this stage since i know she is not going to come back again. Will i get RCR since i have tried many ways to call her back even i tried through Social community way. Putting this case from Mumbai or Gujarat would be helpful ??
Ankarsh Rattan
08 March 2013 at 20:07
I am Scheduled Caste Hindu Balmiki by birth but I like Christianity by faith. My marriage is solemnized in Church because my wife is Christian by birth. Now, we both are in matrimonial dispute. She leave my home from last 1.5 years. I put conjugal rights u/s 32 of Divorce Act 1869 on her. We have a girl child aged 2 years who is presently with her. I withdraw My conjugal rights case. Now, every time my inlaws complaint to my department that i am christian and takes Privilege of SC reservation, but this is my right, I am by birth belongs to SC Category.
Please tell me how can i declare my religion and caste that I m by birth Hindu
Rajan
08 March 2013 at 09:25
Dear Sirs,
The advocate of my petiitoner friend argued to allow the petition and award divorce in the grounds:
1. creulty (p1 to P8 documents were submitted that were uncontested by the respondent )
2. Dessertation (P9 to P11 documents were submitted that was neither rejected or contested by respondent)
3. Adultery (p11 to p13 documents were submitted, i.e. the respondent provided ficitious and false name identity of the petitioner causing improriety under IPC 419)
4. pregnancy before marriage (p14 and P15 documents were submitted, the discharge certifiacte was dated in typed as "February 20, 2000" whereas the child was born on 5.5.2000 (typed in numbers)along with fictious and false name identity of the petitioner. When the calcualtion of 34weeks 3 days was considered taking the date of the certificate, it dates before the marriage date. if the 34weeks 3 days calaculated with birth date, it dates the exact date of marriage)
5. irreverisable breakdown of marriage (p 16 to p18, respondent deserted for more than 13 years)
6. creulty to cause harm (p19 to p23, her own letters to her inlaws that she was happy and also her letter to the church council etc)
_________________________
The respondent advocate argued only on one point namely the "adultery" failing to adrress the other charges. The advocate didnt mention anythign about the ficitious name and false identity that the respondent declared in the records but claimed for adultery.
Wven though the paternity of the child was accepted in writing and the same was acknwledged in respondent reply petition, for reasons unknown after filing of proof affidavit the respondent filed IA for DNA, event though it was an accepted fact the judge informed that there is nothing to lose for the petitioner and hence he asked the petitioner to go for DNA. the DNA report has come on the exact name of the petitioner, however the hospital records, discharge summary ficitious name and false identity are not the same as the name on the DNA test
Finally the respondent advocate prayed before the dsitrict judge "to dismiss the petitioenr AND to award permanent alimony"
Sir, since dismissal of the peitition and permanent alimony are two different subjects, does this prayer indicate that the respondent conceded to the fact of the divorce shall be granted and hence stressed on permanent alimony
Kindly advice
Member (Account Deleted)
08 March 2013 at 08:06
To give background,my wife and I married in 2007 in India and lived abroad.By early 2008 we had agreed to separate due to misunderstandings.My wife requested me to spend money on education and passing various competitive exams abroad to get her settled.She wanted me not to inform her family and she will give divorce when she settled.I contnued to spend money(about 10 lakhs) till August 2009 when she failed twice.At this point,I asked her to inform her family as the stress was getting too much(pretending the marriage was okay to her family).She returned to India and then demanded huge alimony from me.Lower court asked me to pay 15000 and I have paid 2 lakhs arrears but they have appealed in High Court for more alimony.Unfortunatey I have also lost my job due to recession and staying with my parents for the last year.
My question:
1)I have emails from her asking me to spend money on her education and that she will return the money as soon as possible and also the bills on what I have spent for her.Is it any use to either reduce the maintenance or in the divorce case(I have filed on the basis of cruelty in 2011).Many thanks
rajiv_lodha
07 March 2013 at 18:53
Query is about matrimonial matter shifted to HC Mediation:
1) Is fee mandatory to be deposited by parties. there is no such orders from court while it shifted the matter to mediation
2) If answer to (1) is yes, whether both parties wil pay or the Boy-side only?
3) Whether mediator to be paid fee from pockets of parties?
4) If there is any kind of fee to be paid, whether i wil come to know about it b4hand, in midway or at the end?
R.Ramesh
07 March 2013 at 16:40
Good Evening Sir,
Sir, my wife kept false 498A case on me and on my family members and after my marriage she stayed only 10 days with me and after that she qarrrelled with me and my family members she left my house and after 2 years she kept false 498A case so regarding this case, I would like to show her complaint.
Complaint Copy
I hema latha, wife of B.Kiran aged 24 yrs house wife to submit following few lines for your kind consideration and request for favourable action.
I state that my marriage with B.Kiran was solemnized on 10/12/2010 as per hindu rites and customs.The marriage was consummated.At the time of marriage my father gave a sum of Rs.5,00,000/- in cash and 10 tulas gold, hero Honda passion plus and house hold articles and spent a sum of Rs.4,00,000/- as marriage expenses and dinner expenses and altogether spent a sum of Rs.15,00,000/-. I futher state after marriage I have stayed with my husband at his house and unable to stay with my husband hardly 20 days.My husband in laws harassed me mentally and physically and daily abused me in filthy language for bringing more dowry in order to complete the house construction.As I was unable to bear the torture I have approached my parents and sought their help to lead peaceful life with my husband.My parents observed the grieves hurt and wounds on my bady,enquired my husband and in-laws and temporaily settled the matter.On 07/12/2011 on advice of police my husband took to his house and beaten me in front of his house and my husband put me and thrown me out of his house on the advice of local elders. We put separate house where my husband several times attacked me and tried to kill me. I state that my husband and inlwas did not permit me to live even one day.The father inlaw ,mother inlaw, sister in laws and my husband brother want to send me out of the house and get another marriage to my husband in order to get dowry for second time . I therefore I request your good self to enquire into the matter and take action against my husband and inlwas for their harassment and demanding more dowry for which act of kidness I shal be grateful.
Enquiry by I/O at my house.
police officer came to my house and conducted an enquiry for preparing the charge sheet and my neighbors told the police officer how my wife trouble tortured me and family members and moreover our neighbors said my wife not stayed atleast one week continually with me in my house after marriage, but that police officer suggested me and my neighbours that if we want to remove his sister’s names from Charge sheet (because why the married girl and un married girl un necessarily to attend in the court ) so for this you should say that two girls they are not in the house and they did not beaten her brother’s wife and that time married girl was at her matrimonial house only which quiet 30 kms distance this location and she was suffering from gynac problem and to help her the unmarried girl also went to her sister house…. So like if we entered this statement with your witness it will be possible for us to remove their name and they taken my neighbors signature and left.
Regarding Charge Sheet.
Sir, the I/O did not removed my sister’s names from charge sheet when I/O came to my house for enquiry that time I/O said she will remove my sister’s name if my neighbours will sign on paper if what I/O write on that papers and I/O suggested like this …… ( because why the married girl and un married girl un necessarily to attend in the court ) so for this you should say that two girls they are not in the house and they did not beaten her brother’s wife and that time married girl was at her matrimonial house only which quiet 30 kms distance this location and she was suffering from gynac problem and to help her the unmarried girl also went to her sister house…. So like if we entered this statement with your witness it will be possible for us to remove their name from Charge Sheet ) and I/O taken my neighbors signature and left. So, sir I/O had cheated me like this during enquiry and sir here below I would like show the how I/O had submitted the Charge Sheet.
Charge Sheet
If Charge Sheet ( original / Supplementary ) : Original.
Particulars of the accused persons charge sheeted: A1 to A6 ( they mentioned my name and familymembers name )
Particulars of the accused persons not charge sheeted : -------
Particulars of the witnesses examined :
1.Smt.Hema latha w/o Kiran ----- ( Complaint / Victim )
2.K.Venkaiah s/o K.Veranna ----- ( Father of LW 1 )
3.K.Yadamma w/o K.Venkaiah ----- ( Mother of LW 1 )
4.T.Shekar s/o Giri ----- ( Independent witness )
5.S.Jagadish s/o Kumraiah ----- ( Independent witness )
6.J.Yogesh s/o Ramu ------ ( Independent witness )
7.Simhadri s/o Vishvesh ----- ( Independent witness )
8.Smt.Reshma, Sub Inspector ------------- Issued FIR & I.O
If F.R. is false, indicate action taken. U/s 182 / 211 IPC --------------
Result of Lab Analysis -----------------
Brief fact of the case As follows
“This is a case of Husband and in-laws (A1 to A6 )of a women (LW – 1 ) subjected her to cruelty by harassing her mentally physically at matrimonial house and demamded to bring additional dowry from her parents, where the. Whereas, the accused A-1 B.Kiran husband of the LW – 1,A-2.B.Pochaiah ( father in-law) A-3 B.Shanthamma (mother in-law ) A-4 Kum.Priya ( sister in law of LW1 ) A-5 Smt.Gouri and A-6 B.Venkat ( Brother in-law of LW 1 ). The place of offence fall under this W.P.S limit, within the territorial jurisdiction of this Hon’ble court.
Facts of the case are that, on 09/05/2012 at 14:30 hrs received a complaint from Smt.Hema latha w/o B.Kiran Occ.House Wife.In which she stated that, her marriage with B.Kiran was solemnized on 10/12/2010 as per hindu rites and customs.The marriage was consummated.At the time of marriage my father gave a sum of Rs.5,00,000/- in cash and 10 tulas gold, hero Honda passion plus and house hold articles and spent a sum of Rs.4,00,000/- as marriage expenses and dinner expenses and altogether spent a sum of Rs.15,00,000/-. I futher state after marriage I have stayed with my husband at his house and unable to stay with my husband hardly 20 days.My husband in laws harassed me mentally and physically and daily abused me in filthy language for bringing more dowry in order to complete the house construction.As I was unable to bear the torture I have approached my parents and sought their help to lead peaceful life with my husband.My parents observed the grieves hurt and wounds on my bady,enquired my husband and in-laws and temporaily settled the matter.On 07/12/2011 on advice of police my husband took to his house and beaten me in front of his house and my husband put me and thrown me out of his house on the advice of local elders. We put separate house where my husband several times attacked me and tried to kill me. I state that my husband and inlwas did not permit me to live even one day. The father inlaw ,mother inlaw, sister in laws and my husband brother want to send me out of the house and get another marriage to my husband in order to get dowry for second time.
On receipt of the above complaint S.I. Reshma registered a case U/sec 498-A IPC and took up the investigation. During the course of investigation I/O examined the LW-1 to LW-3 and recorded her detailed statement in part –II Case Diary, in which they corroborated the facts of FIR.
As per the statements of LW-1 to LW-3 they revealed that, the LW-1 and A-1 are legally wife and husband.Their marriage was performed on 10/12/2010 as per Hindu rites and customs at the time of marriage as per the demand of A-1 and his family members her parents had given a sum Rs.5 Lakhs case as dowry, 10 tulas of gold ornaments 2 wheeler, all household articles were given and performed the marriage by spending Rs.15 lakhs after the marriage the LW-1 joined the company of her husband at in-laws house where the LW-1 stayed for a period of 20 days in between this period the A-1 on the instigation of his family members subjected the LW-1 cruelty by harassing her mentally and physically for more dowry. On her refusal they abused her in most filthy language and bet her increased torture towards the LW-1 due to to their unbearable harassment the LW-1 informed her parents and elders meeting to specify the matter and sent the LW-1 took shelter at her parents house.The investigation and to prevent the accused from making any inducement or threat to the complaint or witnesses.
On credible information on 09/05/2012 I/O deputed the staff to apprehend the accused A-1. The deputed the staff rushed to A-1’S house and found the accused A1 and brought to W.P.S and produced before me at 10.00 hrs after counseling I/O have examined and explained him grounds of arrest made facilitated for communication, and affected his arrest at 11:00 am by an arrest memo on him and completed the arrest formalities.
During the course of futher enquiry I/O visited the place of offence and accused enquiries about issue and collected the copy of wedding card and marriage photographs and other documents as documentary evidence it clearly established that the A2to A6 were also responsible for the harassment and mental torture commited on the complainant and also demanded for Additional dowry while investigation under progress A2 to A6 took the anticipatory bail on 25/08/2012 and furnished the sureties at W.P.S.
Thus the investigation clearly established that the accused A-1 to A6 have commited the offence in this case and are liable to be punished U/s 498-A I.P.C. Hence it is prayed the honble court that accused summons may kindly be issued against the accused persons in this case.
Hence Charge.
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Sir, please note:
The persons of witness examined -- mentioned in Charge Sheet they are not from our area and they stays at my wife area which is 6 Kilo Metres distance away from my house.
Sir, on above mention details please give your valuable suggestion advice for quashing this case and I request you that please don’t keep this details on net.
Thanking you.
Member (Account Deleted)
07 March 2013 at 14:34
Respected Expert,
One of my friend want to change his religion & adopt muslim religion. Will you please guide me what are the formalities required and legal formalities in this regard
satinder bassi
07 March 2013 at 11:01
Respected sir,
i married with nidhi in sep -2012. this is second marriage both of us. after one month she left my house in my absent and without inform me. becouse before a day i knew she is not legally divorce.
Now status is
(1) 1stly is lodged complaint of dowry in women cell. i also gave complaint against her, i request in complaint check he r first marriage divorce. but police closed the both complaint.
(2) she filed dv i court.
(3) her 6 statement difference in complaint & court staement.
(4) she is wrote in complaint about second marriage. but she is not wrote in court statement.
(4) she is wrote in court last time on 17-10-2012 i gone my self to escape whn in-laws beaten me. but she is wrote in complaint i gone with parents on 17-10-2012
(5) she alleged on my parents, my parents comment on ring & earring is light weight. but in women cellmcomplaint which she is wrote jewellery in dowry list. there is not written ring & earring. but actually i married with her without dowry. it's true.
(6) i hve mobile phn recording for prove dowry is not matter. and her mother demand money through own daghter from me.
(7) whn i saying in court about first marriage divorce. court statement she not written about second marriage. whn i give copy of complaint in court thn court agree with me about her first marriage?
can i filed bigamy on her. i already filed marriage cancleing case in court. my adv said me u not file bigamy. my adv is right?
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Spouse seeking separation
Hi,
My friend is gng thru a separation. His wife has asked him to leave the house, The house in which they are living currently is owned and fully furnished by the MIL. Currently the MIL is also staying with them. My friend works for a software company.
The reason why the wife asked him to leave the house is that they are not compatible & not on talking terms for the last 4 years( have been married for the past 8 years and have a son aged 5).
Pls advise what steps need to be taken by him to protect himself against any domestic violence or a dowry harassment case she might file in the future.