miss.munnowara f. pakajade
16 January 2013 at 12:53
Respected, thanks to all panelists for replying my all previous queries. now I am representing both husband and wife in a petition under s.13(b) under the Hindu Marriage Act. Previously I have filed an application against the husband under the Domestic Violence Act. In that I have mentioned that wife is living at her maternal home since 20/03/2012. for a divorce by mutual consent, both are required to living separately for a period of one year or more. In the instant case, this requirement is not fulfilling. My query is, whether a separation period is changed? Whether mutual divorce petition can be filed before fulfilling statutory separation period? Please reply. Thank you!Respected, thanks to all panelists for replying my all previous queries. now I am representing both husband and wife in a petition under s.13(b) under the Hindu Marriage Act. Previously I have filed an application against the husband under the Domestic Violence Act. In that I have mentioned that wife is living at her maternal home since 20/03/2012. for a divorce by mutual consent, both are required to living separately for a period of one year or more. In the instant case, this requirement is not fulfilling. My query is, whether a separation period is changed? Whether mutual divorce petition can be filed before fulfilling statutory separation period? Please reply. Thank you!
Mohan
16 January 2013 at 09:16
My Grandfather Mr. A married my grandmother Mrs. B and my mom is their only child. After death of my grandmother Mrs. B, my grandfather married Mrs. C and they have 6 children, 2 sons and 4 daughters. My grandfather died in 1996 and had not left any will for his property which is self attained and not ancestral. Now Mrs. C and her sons have registered my grandfathers property in Mrs. C 's name stating that she is the only legal heir and Mrs. C's sons now have transferred the property into their names from Mrs. C. Does my mom who is daughter of Mrs. B have any right in the property?
CA Aditya Sharma
16 January 2013 at 00:49
respected sir,
my brother have done marriage against parents wish but after some time my parents accepted them and now want that my brother and his wife live with us in our home, but the problem is parent of his wife is not ready at all . so if my parents take them home and after that if something happen wid the girl because futer is unknown, then his parents will definately sue us and they will have a stong grounds.
so in this situation how can i protect me and my parent?
waiting for reply................
Anmol
15 January 2013 at 23:34
What document can be made to make sure that if two parties have come to a mutual agreement over signing/exchange of two immovable properties , do not not disagree on the last moment or one party denies after taking signatures from other party .
Fight Back
15 January 2013 at 22:53
I have a query regarding my 498a case which is in Bangalore. I would like to have your valuable insight on the below:
Case Details:
1. Charge sheet filed against Me, my Father and my Mother.
2. In FIR my wife has clearly stated that there is "NO DOWRY" in our community SSK Pattegar (Savji) which is a well know fact and that no dowry was given and all expenses were shared.
3. However, she alleges that my family (specifically my Mother) demanded for some petty dowry like RADO watch and silver utensils after marriage. And further she accuses that my family members demanded for a residential site to her parents through one of my relatives and not directly at a wedding function of some friend.
4. No specific allegations on my Father.
5. All other allegations are pretty silly like not providing dry fruits, me asking her toc. wear tight clothes, I'm mentall ill and take some tablets regularly, I beat her up etc
The entire FIR is in Kannada language.
My query is that can I file for a quash in the High Court for at least my parents? Both are 60+ years old as I do not want them to suffer the trial which is yet to start even though the FIR was filed in Sept 2011.
Please advice.
Thank You,
Arvind
P.S.
Background:
I got married in Nov 2009, my wife conceived in April 2010, she filed a police complaint on August 2010 stating that I used to beat her, I took her back home, Jan 2011 she delivered a baby girl from my home, 30th Jan she went for post natal care, after that never came back and her parents and she used to harass me and my family by filing false complaints whenever I try to meet her or see the kid - (her parents have a criminal background were acquitted in Oct 2009 of dowry death and are financers and to certain extent influential). In May 2011 I file a police complaint regarding this and in also file a divorce in Sept 2011 and just a few days after my filing of divorce she filed a 498a against Me, my Father, my Mother and my younger sister. In charge sheet my younger sister's name was dropped. She also has filed a DV case and an interim maintenance has been awarded which I have been paying regularly.
Status of each case:
498a - Charges yet to be framed in court.
DV - Cross examination and Evidence from my end pending - judge transferred and hearing are adjourned to next date.
Divorce - Mediation failed and her lawyer yet to file objections.
sravankumar
15 January 2013 at 22:48
please advise me
marriage on date 2-2-2012.on date nov 14, 2012 my wife and me agreed for mutual consent divorce with x amount of money as a compensation through local PANCHAYAT.later she and me signed on local panchayat agreement paper and mutual consent divorce papers to present in the court. But i am not really interested give divorce and that much amount of money to her. .
here terms are
1. Ready that compensation money up to jan 14 ,2013 and kept money in the bank.that money can give to her after finally court decree the marriage by mutual consent divorce.
now my question is
1. if i refused to give that such compensation amount to her. because i am not ready give divorce, she is hurry to want divorce.
is there any scope to put false dowry and DV cases on me in this stage ?
2. my lawyer told that still she has a option to put false dowry case on you once if u refuse inthis stage. Because your are violates the panchayat decision.is it true ?
till now she was not put any dowry and harssment case
Rashid Ali
15 January 2013 at 20:36
respected experts i am a hindu by birth.i got marriage with a muslim girl in arya samaj mandir by getting that muslim girl converted in hindu religion . i given her name hindu .i applied our marriage for the registration under hindu marriage registration act in the office of sub registrar office in U.P. But office of sub registrar refused to registered this marriage saying that in this case only special marriage act is applicable not hindu marriage act. my query is that when that muslim girl has changed her religion from islam to hindu,than why we could not get our marriage registered under hindu marriage act ? please advice
khajamoinuddin
15 January 2013 at 17:53
1. My Brother had got a divorce by mutual concent but the documents are not notariesed. Is there any compulsion for notory of the aggrement by mutual consent.
2.In the aggrement it is mentioned clearly that neither of the party will have any claim for any thing from the date of divorce nor will they file any case against each other. But the second party is asking for claim i.e their remainings, which has been handed over to them earlier But now the party has send a notice for the above reasons. Should the notice be reply or not.
satinder bassi
15 January 2013 at 14:44
Sir
my wife give a complaint in women cell. After two hearing she filed dv in court. But investigation is not close at present. 18-01-2012 date is hearing in court. i wnt copy of complaint for fight a case. i demand a copy of complaint firstly to write a letter s.p through rti. But he say investigation is not close. I also give complaint and evidence in women cell. Wht i need copy of complaint But no action taken on my complaint between 18 days. May i get a copy of complaint by rti act life & liberty under section 7(1) . Plz reply me soon.
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Dv case and 498a
Respected Jurors
My wife has filed a dv case in March 2012. The interim order/protection order has been passed.
My query to the forum
1. Can a DV case be filed without a prima facie. The law does not contemplate a police compliant but the law has never mentioned that without a prima facie the proceedings can start.As per my limited knowledge the prima facie can be wound certificate or a medical certificate from a competent authority or a NGO report stating that she has lost the right of residence. WIth nothing of these proceedings have continued and interim order was passed. Now wih the interim order my wife started calling the police every second day and I was kept in police cell 4 times.Because of this harassment I agreed to transfer 80% of my property to wife. They agreed for mediation. When the mediation was going on they demanded 100% of the property to be transferred and mutual divorce. When i refused to transfer the property they filed a false 498a case with no mention of dowry demand. She has mentioned in the FIR that I threatened with a knife.The whole exercise is to harass me.I am now on bail. I am out of my own property and wife and her parents are enjoying my property
Now my question is whether husbands are worse that rapists, terrorists where proceedings can start without primafacie
I need some citations that supports my case