damodar
06 July 2009 at 14:22
I am having an interesting situation here in chronological order.
1).My wife filed a 498A with a set of allegations.
2).I had filed for divorce on the grounds of mental cruelty and desertion. Petition denied. Appeal Pending in HC.
3).She filed for Restitution of Conjugal Rights. Petition granted. Appeal pending in HC.
4).She filed for Maintenance u/s 125 of CrPC. Petition granted. Appeal preferred. Trial court order confirmed.
5).After two years she filed for Maintenance u/s HAMA 18(2b) with the same accusations as made in 498A case. Maintenance granted. Both sides Appeal pending in HC. Even in this case she produced false bills which my advocate could expose in court. However, it did not get reflected in the judgement.
6).After all this the 498A judgement was acquittal, with the comments specifically stating that my wife has left me on her own will and not due to cruelty.
All the judgements in the subsequent (civil and maintenance) cases are based on the assumption that I have treated her with cruelty and deserted her. Now that those grounds and causes of action have been proved false in the 498A case,
a).How do I start proceedings to get the trial court to ensure justice? Will a civil court take cognizance of the criminal court’s order? Or should I approach only the High Court?
b).Since I have certified copies of chief and cross examination documents of my wife and in-laws with several blatant contradictions (from all cases). Can I start perjury cases even when the perjury happened in cases which are lying in appeal with the HC? I believe that a perjury case will stop repeated harassment.
Mahesh Agrahari
05 July 2009 at 16:23
Hi, My wife ran from matrimonial house 9 months ago and took the kid (2 yr old daughter) with her. She had run away with her boyfriend. Ever since she was threatening for 498a so I did not go to visit my child.
She had tried for abortion when conceived because she wanted to do job, she left the child with her parents for sake of job when we were togather despite my objection, now during separation also she has left the child with her parents and working in a far off city. She does not meet with child for months.
After recent talks when she has been betrayed by her boyfriend, she has consented for mutually agreed divorce however not ready to give child to me.
Please let me know following-
1) What are chances for me to get the custody if I go to court
2) Can divorce case run in parallel of child custody and can divorce happen dispite child custody being contested?
3) Due to her bad character ( I have solid evidences) , can I get the custody..
I have now come out of any fears of 498a etc and I ready to go any extent to fight for the custody.
Please help an aggrieved father.
Thanks
Ria
05 July 2009 at 15:28
Dear experts,
The petition of divorce filed by me has been decreed exparte against the respondent.
The judge has granted me a lumpsum amount. How will I recover this amount ? Should I file a recovery petition or does the court have its own procedure of recovering the lumpsum amount granted via exparte.
damodar
05 July 2009 at 14:32
My wife was awarded maintenance u/s HAMA 18 (2b). Both of us have appealed to HC. Now she has filed for Execution Petition with a prayer for my arrest. She also expressly mentioned in the EP that there is no pending appeal against the MP Order. What should be my course of action.
Ajin
05 July 2009 at 07:40
a married girl dies without issues can their parents recover the dowry from the her husband, if so give me a format
Rekha.....
04 July 2009 at 21:04
Dear members of the Forum
our client wants to remove name of his wife from the Passport. Please give suggestion.
The fact of the matter is that my client is living separately from his wife since more then 3 yrs. No suits or petitions or applications filed (or pending) by the both against each other. In these circumstances he does not want his wife’s name in the passport. What should V should advise him please inform.
Ria
04 July 2009 at 19:33
Respected Experts,
Mine is a divorce petition and Iam appearing party in person. I have received an exparte order against my husband.
Now the judge has asked me to file a recovery petition for maintenance against my husband as he has not been paying me interim maintenance since 1 year.
Since Iam appearing party in person and do not have the financial capacity to appoint a lawyer I will be highly greatful if you can give the foramat of a Recovery Petition for maintenance.
Adv. Deepak
04 July 2009 at 00:23
A has filed divorce petition against his wife B on the ground of adultery with C. Now, A decides to take her wife back for cohabitation by withdrawing the case. If A want to withdraw the case, it will be withdrawn for both B and C. Then afterwards, if A wants to initiate criminal proceedings against C, is it possible. How to withdraw the case by keeping grounds against C live. Your expert opinion is highly solicited.
Rekha.....
03 July 2009 at 20:41
Dear Sir/Ma’am
Our clients got married and registered their marriage in 2004 and also obtained passport from the concerned authority in the same year i.e 2004. They separated legally by filling divorce petition u/s. 13B of HMAct and order passed in 2006. Again they got married in this year bt till they hv not registered their marriage.
My question is whether they can get visa form their old passport or they should apply for a new and fresh passport
Thanks in advance
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marriage registeration
a person usually gets his marriage registered (is mandatory in law too), but when the married couple gets a divorce, is there any provision as getting the divorce registered? does a person require to cancel his marraige registeration certificate? if yes, under which law and procedure for the same please.