Anjana
24 January 2013 at 22:33
one of my friend husband took exparte divorce by playing fraud upon the court .By putting false allegation that the marriage is not consummated that his wife did not agreed for that .After 8 months wife contested the exparte divorce and was set aside saying it was false and also she did not know he filed divorce on her, though one side he is in touch with mails with her. she was waiting with blind hope that her husband will send the visa papers soon after the marriage .Later she filed 498a after one and half year by losing trust on him .
She says he left to foreign with in 21
days of marriage by saying that he will send visa papers and from there there is no proper response and later he saw him in court after 2 and half years when exparte divorce was set aside .
Later her husband went to appeal to high court .Even high court declared the same lower court order. the order sated that he filed exparte evidence when he was in 498 a offence for jail and his presence was created as if he was in court. so in that ground the court declared he played fraud upon the court.
Now here my questions are:
1 . Husband filed divorce when he was in foreign by sending the divorce papers in courier to his lawyer .The lawyer managed husband signs and even attestation done by other lawyer stating he was present before him and signed by putting particular filing date and filed the the petition as in person.
so basing on dates the husband presence shows he was in foreign.
and even at the time of exparte evidence he was in 498a custody in the same way his presence shows in court basing on this wife file I.A 340 crpc application.
Is this presenting the documents in court comes under wrong evidence, forgery and inperson?. Because on that ground itself court said fraud and exparte decree was setaside.
2 she filed case on the husband lawyer also for giving misrepresentation when husband was jail for chief evidence and how the filing was done in court at time of filing the petition as inperson on same date and time when he was out side the country
for this now the lawyer says he was not all lawyer for her husband because though he filed vakaltha the court did not permit to do even GL number.
But in exparte order copy the court mentioned the name of advocate saying decree was granted by hearing the contents of so and so petitioners advocate the petitioner filed chief evidence and treating it has chief witness one.
3 Now main petition is running.How wife can prove marraige is consumated?. The consummation was done in hotel and in hotel register only husband sign is there.
4. If the divorce petition is dismissed on fraud grounds and intentionally he took divorce by cheating the wife to bypass the criminal offence . Does 498a and domestic violence will be stronger? Basing on this can she get her dowry back which was given on demand.
Mani S
24 January 2013 at 13:46
I am the Kartha of HUF. There is little investment asset in the name of HUF. Whatever little wealth that myself and my wife have are all self-earned and are in our respective names.
I have two sons. Both are married and they have no children yet.
After our death, we want all the wealth to come under HUF and we want our elder son to succeed me as Kartha. What are the actions that I need to initiate to make this happen.
S. Mani, Velachery, Chennai
Sundram N
24 January 2013 at 12:30
Dear Sirs,
Children are away from father and their education is lossing day by day. the husbnad demanded the children aged 8 years and 7 years now. wife and wife side is making blackmail to the husbnad to extort money filing maitenance case u/s 125 and demanded huge money in the name of children. the summon of 125 is not yet received by husbnad.
kindly suggest that husbnad wants to bear all expences of children but wife side is not taking any interest. childern is away from father more than one year.
kindly suggest the way to safe the future of children.
Member (Account Deleted)
24 January 2013 at 11:27
Dear Sir,
I filed child custody case in 16-May-2012.
6 hearing have passed,opponent has still not
given objection .They appear 1st and 5th day
and asked for time from court.Petition
of offering gift during puja festival they do not received the copy,
visitation right petition copy
their lawyer do not received in court.
We have send it through post.
I am father , i have not seen my son for more than 1.5 years
In the above scenario, i am thinking off submitting
visitation right petition in high court , will
High court accept the petition ? Will it be fruitful ?
ASIT
23 January 2013 at 23:35
As per my knowledge criteria for Fair provision and maintenance under Muslim woman protection act are (i) needs of the divorced woman, (ii) standard of living enjoyed by her during the period of marriage and (iii) means of her former husband.
Q1) Is their any more valid reasons for extending the above criteria?
Q2)Can you please provide any judgements in this regard?
RAMAN KUMAR BHARDWAJ
23 January 2013 at 16:56
wife is in USA along with 2 children. Husbandis in India and filing divorce petition. Can wife lvivng in USA Claim maintenance from husband in india in divorce proceeding. plz quote any case law
Member (Account Deleted)
23 January 2013 at 02:27
How to deal with wife in mediation center so that amicable settlement can happen?
aman rajput
22 January 2013 at 22:14
"03.01.2013
Present: Petitioner with counsel.
Respondent is not present despite service.
Be awaited. Matter be put up at 12:30 pm.
MM/Mahila Court
03.01.2013
File taken up at 12:30 pm
Present: Petitioner with counsel.
Respondent is not present despite service.
Despite repeated calls none has appeared on behalf of
respondent. Hence, respondent is proceeded ex parte. Put up for ex
parte PE on 28.03.2013.
MM/Mahila Court
03.01.2013 "
The abovesaid is the daily order of false DV case filed by my wife which i have seen on the court website came to know from some of my source.....whereas its a fact that i havent received any summon in this regard and I m proceeded ex-parte by the court. Whats the meaning of "ex parte PE" stands for ?? for which the court put for next date...???? What i have to do further in this regard so as to not let down my impression further in front of the court...??
Ali
22 January 2013 at 22:14
Dear All,
My wife filed a false case against on me which having many section like 498a,attempt to murder,Maintenace and many more.
I need a suggestion to all of you that being a muslim and as per Muslim Law (Mohammedan law) do ex husbend have to pay there mantinance?
Please advise..
Regards,
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Obtained ex parte divorce by playing fraud upon the court
one of my friend husband took exparte divorce by playing fraud upon the court .By putting false allegation that the marriage is not consummated that his wife did not agreed for that .After 8 months wife contested the exparte divorce and was set aside saying it was false and also she did not know he filed divorce on her, though one side he is in touch with mails with her. she was waiting with blind hope that her husband will send the visa papers soon after the marriage .Later she filed 498a after one and half year by losing trust on him .
She says he left to foreign with in 21
days of marriage by saying that he will send visa papers and from there there is no proper response and later he saw him in court after 2 and half years when exparte divorce was set aside .
Later her husband went to appeal to high court .Even high court declared the same lower court order. the order sated that he filed exparte evidence when he was in 498 a offence for jail and his presence was created as if he was in court. so in that ground the court declared he played fraud upon the court.
Now here my questions are:
1 . Husband filed divorce when he was in foreign by sending the divorce papers in courier to his lawyer .The lawyer managed husband signs and even attestation done by other lawyer stating he was present before him and signed by putting particular filing date and filed the the petition as in person.
so basing on dates the husband presence shows he was in foreign.
and even at the time of exparte evidence he was in 498a custody in the same way his presence shows in court basing on this wife file I.A 340 crpc application.
Is this presenting the documents in court comes under wrong evidence, forgery and inperson?. Because on that ground itself court said fraud and exparte decree was setaside.
2 she filed case on the husband lawyer also for giving misrepresentation when husband was jail for chief evidence and how the filing was done in court at time of filing the petition as inperson on same date and time when he was out side the country
for this now the lawyer says he was not all lawyer for her husband because though he filed vakaltha the court did not permit to do even GL number.
But in exparte order copy the court mentioned the name of advocate saying decree was granted by hearing the contents of so and so petitioners advocate the petitioner filed chief evidence and treating it has chief witness one.
3 Now main petition is running.How wife can prove marriage is consummated?. The consummation was done in hotel and in hotel register only husband sign is there.
4. If the divorce petition is dismissed on fraud grounds and intentionally he took divorce by cheating the wife to bypass the criminal offence . Does 498a and domestic violence will be stronger?Basing on this can she get her dowry back which was given on demand.