Ranganath
24 December 2012 at 23:47
Ld Counsels,
Wife filed annulment of marriage, prior to that criminal case was registered against husband.
1. In the criminal complaint it is stated that husband dropped her at her parents house on a particular day after which she didnot return to husband,
Where as in her evidence before family court she has stated that she left the matrimonial home along with her father to attend a marriage function.
2. In the complaint lodged wife admitted that marriage was performed as per hindu rites.
whereas in her evidence before family court she denied the solemnization of marriage.
3. Wife's 161 statement before police was admitted in evidence in which it was stated that she had taken away all her gold jewels from husband whereas before the family court she claimed the alleged gold jwels back from husband.
4. In the complaint it is stated that after marriage husband agreed to live with the wife only if his demand of dowry is met. whereas in the evidence before family court it is stated that husband had no intension to marry her. demand of dowry comes in contrast to the alllegation that there was no intension to marry.
alleged ground for annulment of marrige is non-consummation. Can above be termed as material contradictions by wife in order to disbelieve her evidence.
Court had in fact passed a decree in favor of wife.
in view of the contradiction and other defenses is there a good case to defend in appeal.
To be frank it is shocking to believe that court disregarded the above contradictions.
Thanks.
vijay kumar mane
24 December 2012 at 21:59
hello,My name is vijay.I have 3 kids and my wife left my home since 4 years till from
then onwards i am alone looking after my kids
with my old mother.Know after 4 years due to this i filed for divorce against her on dec 20 2011 and since one year its still going on and she is refusing to give the divorce.I don't know what to do when will court declared for the final hearing.I humbly request you to suggest me what to do.Please help me.
Thank you
Regards
Vijay Kumar Mane.
pushpakrishna
24 December 2012 at 19:18
Dear sir,
X married his wife B and blessed two children male and female.Wife B died.later X got married C and blessed with a female. X having some landed property.During the life time of X Partitioned his landed property and Registered as per the advices of the elders to the both.latter X died.now second wife filed a suit for partition suppressing the above aganist the children of the first wife to have a wrongful gain.The partition deed registered about 5 yers back.
Anonymous......
24 December 2012 at 18:30
My husband left the house with my 12 year old son six months back. He sends my son home every week. I am waiting for my husband. I do not know what his plans are. I know as long as he does not see a future for a re-marraige, he will come out of any affair he has. If at all he has any. Can this abondonment form a divorce ground for him. Are there any suggestions for me.
Anupam Dash
24 December 2012 at 17:17
Dear Sir/Ma'am,
This is a query as regards the maintenance of my maternal grand-mother(my mother's mother). She is aged around 74 years. She has a widow. She has two sons besides my mother. She earns pension which is sufficient for her survival as well as she is ready and willing to defray other familial expenditures as well. Both my maternal uncles are service holders and have the financial strength to look after her. But the problem is that both my maternal aunts are dead against my grandmother and don't want their husbands to keep in contact with their mother. They threaten that if their husbands decides to keep their mother alongwith them, they will leave the house. This always leads to conflicts and as a result both my uncles have succumbed to their wive's demands though they actually want to keep their mother with them. Here, maintenance of my grand-mother financially is not an issue since as I said, she earns a pension but because of her old age she needs hers sons' support which they are not able to because of their wives. Till now, my mother and I has been looking after her but that may not be possible in the future as we are moving out to a new place as my father is getting transferred. So what I would like to know is whether my grand-mother has the legal option to make her daughter-in-laws to look after her and that they should not pressurise their husbands anymore not to look after their old mother.
Tanmay
24 December 2012 at 13:57
Hello all,
I have both PWDVA and 498a on me which is filed by my wife. In the PWDVA(Domestic Violence) case, we got it referred to mediation once and that failed. Now case is back at court.
The opposite party/their counsel is not appearing for the case hearings in PWDVA(Domestic Violence) case. We have already filed objections.
Now since they are not appearing we are asking for the dismissal of the case, but the judge is giving time to the opposite party. What can we do to make sure the case gets dismissed for non-appearance. Is there anything that we can do from our side.
Also on the day of dismissal of the case if the opposite party appears and asks for more time then will the judge grant the same. What should we do from our side to get the case dismissed or do something which works in our favour.
Please provide pointers regarding this.
Thanks in advance for your suggestion.
Regards,
Tanmay
kirtimehta
24 December 2012 at 13:34
Dear sir/mam
My husband was forcefully married in jan,2008.he was drunk that time and no second witness was there in photos.But he dont know how they got registration and certificate in Kanpur(U.P.).he was never presented in front of any registrar or judge.he dont know but he signd some papers and never stay with that girl from this fraud drama marriage(not even a single day).marriage is also never consummated.From the day of marriage they continuously demanding for money.
My husband filed pitition in 2011 for declare it null and void but she nor her family come for hearing in kanpur and finally court pass an ex-party order after 4 summons in march2012.
Now in November 2012 he got married with me it was arrange marriage with all known facts.but that girl and her family has again started blackmailing me,girl,girl family,my family.we have already pay them 2lakh rupees but she continuously threatening to go to high court and to file 498,494,125,24,bigamy and demanding 30lakhs.
Respected sir/mam
please reply with ur comments and suggestions;;;;;;
1::::What is status of my marriage in November 2012.is it valid or not.
2::she blackmailing to go to high court.or restore the case.
3:::if she files case am I liable to pay every expense of her maintainance,travel expenses of taxi,advocate fee,court fee etc……………
4.what is my fault in the eyes of law and what can be punishment for me and my husband.(as she is blackmailing that both of us will go to prisiion for minimum 7years……?)
5.my husband is with me in every situation can we plan for our family kids,wealth,investment. my husband has nothing on his name(parents property) and according to will everything will be on my name after parents.
6.we both side parents have clear understanding and all knows this problem may arise after marriage.she is also blackmailing my parents.
7.any suggestion for the same how to defend and proceed.
thanx
Rohan
24 December 2012 at 10:11
This is about my cousin who is newly married but his wife harrases him a lot. She even hits him, bad mouth him on phone about him and his family for no reason (swearing and treatening to put false case against the family).
Cousin and family has done nothing wrong with her or harassed her.
My cousin's mother and father dont do well health-wise. Also money wise they are middle class. His mother is very worried because most places police and other people hear daughter-in-laws side of story and assume the boy or parents are guilty. She has seen such false accusations in neighbourhood and with family friends. Mother is afraid that the girl would do something to herself and blame it on him or family. She has hit my cousin also and tries to do that every chance she gets.
1. Is there any way we can get my cousin's phone tapped and get conversations recorded so police can hear it later if needed? Also will this be taken as an evidence in the court of law if she files any false claims later.
2. What other steps can they take to be prepared upfront so that they can use as evidence in case she puts any false case against them.
Prakash
24 December 2012 at 09:16
Ld Counsels,
If family court awards cost should it be paid irrespective of whether it is stayed by high court or not.
Please clarify.
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Is it allowed to challenge multiple orders in one writ?
Q. no.1 :- Is it allowed to challenge/impugn multiple orders (the non appealable ones) in one/single writ petition 226/227?
All are applications (orders below which are to be assailed) connected to each other as below and all orders deserve to be assailed.
Interim maint application-ordered, review application vide order 47 R1-dismissed, recall of order vide sec 151 of CPC-dismissed, 'stay plea' i.e stay of operation/execution of int maint order-dismissed by family court.
Note: I have verified the details and now I am sure that against all order only writ lies and no appeal/revision lies except the 'stay plea'.
About 'stay plea' , I am not sure whether the appeal lies or not. if it does then I can file writ.
order on app u/s 151 of cpc is also non-appealable like review application.
Q. no.2 :- In the above context does writ lie against dismissal of 'plea of stay' as well?
'plea of stay' i.e stay of operation/execution of int maint order-dismissed by family court was filed before family court under O21 rule 26 and rule 29. It should have been filed under Order39 I believe.
But anyways, it have been dismissed.
My understanding is that instead of filing for appeal against dismisal of 'plea of stay', if writ petition is filed againsr order of interim maint, then along with the same again the 'plea of stay' should also lie(and it would suffer res-judicata) as stay is asked owing to pendency of writ petition.
Q. no.3 :- In a few writ judgments I see lower court as respondent no.1 and opposite party being respondent no.2 and in afew judgemnts I see only opposite party as the respondent. why and in what situation it requires the lower court to be made as aparty to writ litigation under Art 226/227?
Is that there is allegation violation Fundamental rights as well in addition to legal rights and that's why lower court (as it in defintion of 'state' in Art. 12) to be joined as party to suit?
Q. no.4 :- What would be the implication if prayer also asks the High court to treat the writ as a PIL? would it prolong the litigation (there are blatant abuses of discretion committed by lower court of such character that it may give rise to doubt whether many other litigants were also subjected to such /similar harrssement there)
Please advise
Thanks
Law student