miss.munnowara f. pakajade
07 January 2013 at 20:18
Respected, I am now representing a wife under domestic violence act. She has filed an application in 1998 claiming maintenance under s.125 in which court grant it @ rs.250 per month. She file revision application wherein court alter it @ rs.500 per month. For some months husband paid it .then after his failure, she filed an application under s.128 for recovery. In the proceeding husband paid due amount. Again the same things has been repeated after some few months. She files recovery application which she withdraw on 24/8/2012 on payment of due amount. Since, the withdrawal of this application , a husband had not paid monthly maintenance to her. Now again the same things has repeated and she now wants final remedy. husband is a serving as a peon in irrigation department and previously was serving in military. So is there any provision under dv act to claim maintenance freshly? Whether his salary and pension can be attached for the mainternance .so the there will be no lapses in payment in future.
satinder bassi
07 January 2013 at 17:42
Sir....
anyone tell me, mobile phone recording is evidence in domestic violence & dowry case. How much strong evidence. All recording record to my personal mobile.
SHAJIL
07 January 2013 at 16:09
Sir,
My marriage was done on 12-06-11 as arranged marriage and my wife lived with me only for 6 months.Since 1st JAN'12 she is staying with her home itself.The main thing is she got Hypo Thyroid as extream level and it comes as mental depression 2 months back. Meanwhile, the doctor says thyroid problem may be affected 2-3 years back but her parents couldnt identified.i found the same on December'2011 and informed her parents, but they didnt accept.
Her father is a business men and he is opposing me on every moments without any particular reason and not ready to send her to my home. Lot of meetings have arranged several times for getting their issues and solve it out,but he never change his decision and informed me that he wont to continue my relation and ready for divorce.
If she wont me,i am ready for divorce but i didnt get any confirmation from her side personally.Few public leaders have take up the issue and discussed with her father but he is not willing.
I have contact their middle men and asked to arrange a counseling, But they said her parents not ready to hear anything and he is not willing to send counseling.Now he want mutual divorce immediately.But on last march, she has told me, ultimately it may goes to separate if her father have to involve on this issue.Now the same thing is happened.I think she is getting brain wash from her parents side for stick on their decision.
Last month, her father met with my uncle through some middle men and try to gave her wedding chain.Now he is keeping her wedding chain without intimate me.
At present i heard she is normal from mental depression and treatment is going on under psychiatry.Actualy she has hypothyroid at extreme level and ultimately it came as mental depression.So i have little bit fears for living together without her parents support.
Two weeks before, both of our public representatives have met with an advocate and decided for filing a mutual petition.during this time her father has asked to return back her gold ornaments with wedding chain from our side and he also kept her wedding chain(In kerala,it known as "Thaali")for return back to us. After that advocate has told it can be handed-over if you have no objection and make another agreement on out of court for it.They want the same immediately,So public representatives have been decided to handed-over all the things and make an agreement.
I think her father is deciding everything without her confirmation.She is believing blindly,so they are giving wrong information against me for keeping as a cheated guy because she doesn't know what is happening there.
Since March 2012, i couldn't communicate her, actual i dont know why they are keeping this kind of behavior against me and my family. I think he is miss-understanding me.
On 12 August 2012, she got mental depression due to Hyppo thyroid issue and admitted in hospital for psychiatry treatment for 2 weeks.Since March 2012, i couldn't saw. Now i dont know what is her health status and all.
Finally as per her parents pressure, our middle men deceded to file a mutual divorce and we have signed Mutual divorce petition without any talks/ getting at least a counseling.
ANYWAY I WANT GET A COUNSELING WITH COURT ORDER AND ALSO I NEED TO KNOW WHAT IS HER OWN DECISION AFTER THE COUNSELING.
So any possibility to arrange a counseling immediately during the cooling time itself? It must be get from court end because without court order her parents would not send her to attend the counseling. Also i couldn't call her directly because she has no mobile,only land line is there.I am trying to get her call for speaking everything ,but i have no way to contact because she is staying her home itself under her parents custody.
Kindly advise me how can i get her? If she loving me 100% and ready to live with me,i am ready for living together,But before that court must be ordered a detailed medical check up before living together because she got mental depression and treated under psychiatry.
Expecting your valued advise.
Shajil mv
ritesh
07 January 2013 at 15:24
Hi Can you please let me know the procedure for registration of marriage in West Bengal, the documents required, and the forms required. And the time frame.
Thanks
ritesh
Reetu Dwivedi
07 January 2013 at 13:47
Dear experts,
I am working in a private MNC. My husband has joined Tokyo University for 3 years. Can I ask my company to transfer me in Japan for few months, according to Indian law.
anuradha
06 January 2013 at 19:25
respected sir,
this is my first family matter which is came to me after cross examination of applicant and i give witness on behalf of applicant (husband) in divorce case under cruelty ground and after the cross examination of his witness, i had given the pursis of to close evidence in the court, now i want to take further witness for cross examination can i made the application in the court please guide me as early as possible
regards
anu
ChandanLawyersclub
06 January 2013 at 16:02
Dear Experts,
I am married from last 9 years, my wife was separated 4 years in between, and through RCR she joined me. We have tried for a family , seems some medical problem to her, I have gone through all my medical tests everything is fine for me. She is not willing to come forward for treatment says she do not want family. I have given option of adoption / surrogacy, she is not willing. I have discussed with her regarding mutual divorce. She is not willing to give that says her parents will be in shock. I have taken her 4 times to family court for counseling , she says to judge she is trying for family. But clearly tells me to get married to another for kid,if I want a kid, she will give me in writing as no objection but I have to pay each month maintenance of Rs 20000 to her, increase it every year as my salary increases. By mistake I bought a property in joint name 7 years back, value 80Lakhs now, I was planning to sell it and buy new near my home town, now she says 40 lakh cheque/dd to be given in her name, she will decide where to invest, she is co-owner, she has not paid a single penny. She tells if I file divorce, she will implicate me in DV, 498A and spoil my life and career, and drag the case for 10-15 years. I have asked help from her parents, she do not listens to any one. She drags always past misunderstanding topics in present and spoils the relations. She was working earlier now left job voluntarily. I pay her Rs 10000 as pocket money also.
I can live with her if she is coming forward for treatment or adoption or surrogacy. I cannot marry without legally divorce. Divorce will cost me huge payouts and 10 years dragging of case.
I have two options
1.Go for surrogated my own child by egg donor (She is willing to sign it)My mother will take care of Kid for 5-6 years, latter I will send him/her to boarding school.
2.Contest for divorce which she will drag for 10-15 years and pay hefty price of 40L House(half)+ maintenance .
What is realistic compensation and number of years it will take if I contest for divorce? My salary is Rs 1.2 Lakhs PM + I have house joint property of 80Lakhs. She has two Masters Degree+BED was working as teacher( She is only single child of her parents, her parents assets value 40Lakhs).
Thx in advance
supriya
06 January 2013 at 14:41
I was married 11 months ago.Before marriage my husband has seen me, meet me and we were also gone to the maket. After marriage he said that he dont like me. He even do not talk to me..There is no husband wife relationship yet between us...What should I do now.What legal and social remedy is available to me. I have come to my parents since 2 months and living with them. under DV what remedy will be given.can i claim for compensation
Sheetal Dedhia
06 January 2013 at 11:16
My friend is awaiting for his divorce. one month is remaining in the waiting period of six month. Meantime he developed relation with one girl working with him in his office and they started living as husband and wife. only diff is that girl went to her home at night. Now her family members come to know about her relations and they took away her in their village. The girl want to marry him but at present she cannot contact her partner. She is kept under 24 hours watch all her fb a/c and other means of communication has been removed. In this case can my friend do something to help her or he has to wait till his divorce. the girl is under tremendous mental agony by her family members.
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Can we appeal for ab in 498a in hc- ranchi
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