sanjeev kumar
20 January 2013 at 12:08
D/Law Experts,
I am convicted for one year simple imprisonment in 498A complaint(No FIR)lodged by my cruel wife who is unluckily Advocate in the same court.I am central govt. employee and want to secure my job.The Judge has suspended my sentence.But I have come to know that conviction suspended must be there to secure the job.What is difference?I did not remain in custody.
Have anybody some Apex Court Judgements that I may use as supporting documents,if deptt takes any action against me.
with regards
RAMJI
20 January 2013 at 01:20
In a MC case, Husb filed counter against MC of wife. Wife appointed an advocate. Husby has wish that he wants to handle the case as it is his personal life and he feels that he is competent. so far husb moved as party in person... Now, wife filed proof affidavit, her documents marked. Judge fixed next hearing for main exam and cross exam too....
Questions are as below:
1. Is it mandatory that husband should be assisted by an advocate or mucas curiae?
2. Can husband conduct cross exam as party in person?
3. Is there any limitation on number of questions / hearings for cross exam?
4. In the proof affidavit, wife has not given copy of salary slip or husbands income proof.. simply she has stated some hiked figure without proof....fact is husband is self employed ..IF SO CAN THE COURT ASK HUSBAND TO SUBMIT HIS INCOME PROOF THOUGH THE BURDEN OF INCOME PROOF IS WITH WIFE WHO STATED IN HER PROOF AFFIDAVIT WITHOUT ANY EVIDENCE DOCUMENT.?
kindly give your views / suggestions pls
regards
RAMJI
Ramkrishna
20 January 2013 at 01:08
Sir,
I was married to my wife 30 years ago and we were blessed with two children. After a period of 7yrs differences cropped up between us, I was an alcholic but I never harassed her like beating, threatening etc.
One fine day after 7yrs she left my company and stayed at her parents house.
My elder son who was just 3 years preffered to stay with me.
Latter I got a visa to USA and I left to Us leaving my elder son under the care of my parents.
Soon after I reached there my wife along with her parents came to my parents house and took back my eldest son from their custody.
After staying in US for 4yrs, I returned back to India, my wife joined me latter and again the earlier disputes came to the fore.
She again left my company and filed for separation of property to her and our two minor children who were under her care at that time and also for maintance.
The case ran for almost 6 years and finally a compromise petition between the two parties came up where the husband i.e., me and my father has to take up the responsibility of the children and my wife,
The court ordered her to immedieatly join my company,
But she did not do so for a period of more than two years which made me file Resticution of conjunal rights,
After the notice was served, she joined my coompany.
She was not acting normally and on all small pretext would go to her parents house and stays for weeks together. She finds fault in everything I do, but still we are residing under one roof. For the past two yearsthe way she treats me has got on to my nerves and I almost stopped eating food, as she prepares some food for herself and my children and serves me left overs.
Now my children have grown up and theyhave tthier own jobs and they are earning more than what I get from my rental income which is my only source of income.
I have been paying all the necessary house hold expenses with my meagre income, but she demands more. I have no peace of mind, no one talks to me in the house and I am confined to my room.
Even if I am in need of any medical emergency I have to depend on myself only.
I have almost become a loner, I ask my relatives and freinds not to come to my house in fear of what unpleasant suttuation may arise because of her.please suggest what i can do under these circumstances.
RAMJI
20 January 2013 at 00:19
Wife applied for divorce and got an exparte order(march 2011) as she prayed on gr.ounds of cruelty. after 6 months wife applied for Maintenance under crpc125 for herself + minor child. husband filed counter against M.C
1. Husband persuaded for reunion in OP stage itself but wife declined, H left it to be exparte strategically for some reasons... it went exparte.... and after 5 months W filed MC. H & W remain unmarried on their own wish because of child welfare. W is living with her parents and minor.
2. Whereas while filing counter against MC.. husband brought out the conflicts in the date& place of desertion as stated by her in her own OP, exparte order and also in MC.
Date of desertion as stated by W in 4 documnets as below
1. In OP : 20.05.2007 at bangalore
2. In Exparte decree judge recorded that ever since 20.05.2007 there was absolute separation.
3. In M.C : Wife was to leave matrimonial home on 20.07.2008
H COUNTERED THIS BY TELLING THAT DESERTION WAS BY W AT HER PARENTAL HOME NOT at MATRIMONIAL HOME BECAUSE THE FAMILY LEFT BANGALORE IN 2007 ITSELF AND AS SUCH MATRIMONIAL HOME DOESNT EXIST AT ALL. DESERTION TOOK PLACE ON 22.07.2008 AT PARENTAL HOME OF W AND H WAS SENT OUT BY W IN COLLUSION WITH HER PARENTS BECAUSE OF PROPERTY DISPUTE AND countered to dismiss MC as the date& place of desertion given in OP& its order is stated to be different from that of MC... ( AS MC IS DERIVED OUT OF OP, HOW COME A PETITIONER STATE CAUSE DEVIATING FROM WHAT WAS STATED BY HER IN OP, OPAFFDAVIT & ITS OP ORDER.....?
4. Inspite of this counter, W has repeated in her proof affidavit of MC that " I had to leave matrimonial home on 20.07.2008...
My questions are as below:
1. will this be a fit case against Wife wrt on perjury ( stating wrong date of desertion in MC proof affidavit totally different from her OP, its opaffidavit and exparte order on OP?
2. To prove this, is it necessary to reopen the OP (which H left exparte march2011)
3. For strategic reasons, without reopening OP, H wants to bring out this in MC itself while cross exam....if so... will it be allowed by court?
4. pls advise any other views / suggestions to bring out these inconsistency reg date/place of desertion?
Regards
RAMJI
deepak bhatia
19 January 2013 at 22:39
Dear Sir,
IF an unmarried lady who has only married
sisters as legal heirs wishes to gift her property and other assets to a person who is not in relation to her in any way. My question is
1. Which is the most comprehensive and
secured way of transferring it with less
cost also?
The Lady wants the things to be permanent
and unchallengeable.
Your guidance will help a lot.
Krishnamohan
19 January 2013 at 21:31
Dear Experts,
My wife is living separately since May 2010. We have a son, 7 years old, who is living with me since then. She has totally ignored the son and left his welfare to me. She does not want to even talk to our son on phone. I have applied for RCR in 2011 and there was no response from her. The court judgement came in Oct2011 asking her to resume family life, to which there is no response again.
Now, for our son, I have applied to a residential school, wherein a commitment of 10 years of stay has to be given. I have explained them about our situation and applied with my signature alone, where, both the parents' signature was required.
My wife is not responding to my request for signature on the application. I am going to pay entire fees.
My question is, legally can I give an affidavit to the school to declare my responsibility completely on the child's welfare and education? Will there be any problem for the school if they admit him on my assurance?
Member (Account Deleted)
19 January 2013 at 20:58
Q)in domestic voilence case court order maintenace.after 2 months we didnt get certify copy of maintenance. now our lawyer is saying there is no written order done by judge. we had deposited amount also. what shd we do
JOSHI
19 January 2013 at 17:48
I have married 11 years back. Due to some differences my wife is staying away for all these years wih her parents . I have tried to contact her but it has not been useful . My question . WHEN IS A MARRIAGE NULL AND VOID ? Can it be so in my case ?
Rohan
19 January 2013 at 08:36
Hi, This is regarding a friend, person A. Person A's wife is harassing him a lot. For eg, when he is in office and cant talk all the time, she will start harassing and giving bad words. She even calls his office managers and other people and harasses them by lying something. She even messages his friends to irritate people and also threatens the boy of getting him removed from job.
It is an early age marriage, they both are young. Boy is doing internship in a company and girl is still studying and has one year of studies left. So they are staying apart but she harasses a lot on call. Abuses him as well.
Boy is scared of losing the internship so he does not say anything to her. If he does not complete internship, his degree will also get delayed. He is from a middle class family and has to start earning to add some support for family and pay his education loans.
1. If the boy files a divorce case, I know it will take long time to complete. But once the divorce case is raised by him, can he get some kind of legal action taken so that court restrains her from calling him and harassing him. So that he can complete his studies peacefully. Is it possible?
2. They got married 3 months back, so is a divorce case allowed so early?
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