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Jitesh Babel   10 June 2022 at 18:03

Quash in 498a

Me and my wife were married in 2015 and living separately since 2016. In 2017, she had filed false cases in Bhopal in 498A, DV etc. Sec 125 maintenance is finalized and I'm paying it.
In 498A, we are in the trial stage and my wife's statement and cross are completed. Till now its pretty much clear that she is to lose as stories are different in compliant, FIR and now in her statement and cross.
- No medical evidences produced.
- No clear dates of incidents and no details of incidents provided.
- She agreed to a phone call between her father and my relative confirming that no dowry was taken.
- All timelines in the case are mismatched.
She has just said basic remarks - maarte the, dahej maangte the, saas ne dhakka diya, saas sasur husband dahej maagte the, etc etc
no specific allegations backed by dates and evidences of same.
Now in such a case under trial, I wish to go for quashing for my parents or entire case.

My queries:
1) Can I go for quashing against my parents or entire case now as only bogus stories are there and no evidences are produced in trial till now. The case is devoid of any medical records, any timeline, no specific incident dates.
3) The case is lodged in bhopal from date I visited bhopal after marriage once and parents did not visit bhopal even once till case was filed. So doesn't the jurisdiction lies in jaipur and not in bhopal? Can parents get quashing done on these ground.

Anonymous   07 June 2022 at 16:30

what happens after mediation report sent to court?

In my case of mutual consent (where all terms and conditions are accepted by both parties), judge ordered to go for mediation. We both jointly went for mediation and told not willing to re-consider our decision to separate. (Both parties do NOT have any disagreement on terms and conditions of the agreement for mutual consent petition). The report has been sent to court also as "mediation failed-no agreement can be reached". I would like to know what happens next steps? We do not want to prolong the process as we both have mutually decided to part ways and there is no contention arising. (child custody does not arise as we have no children out of wedlock).

Anonymous   07 June 2022 at 00:19

Jurisdiction

Parties are divorced. The husband filed a case against the wife for the transfer of her share of joint property (a flat where she resides) owned by them post-divorce to him in the family court. Further, asked for a return of maintenance paid towards the children alleging that she could have supported herself and the children all these years after the divorce. Does the family court have jurisdiction on this matter? If yes, how does one assess the court fee payable on such a matter? The suit is a declaratory suit stating he is the sole owner of the property.

Member (Account Deleted)   03 June 2022 at 07:59

I am mentally not well and out of job from last 3 year

We are three brothers and both our parents are dead
I am 44yr,not married and mentally not well and out of job from last 3 year and I have no source of money.
My parents just left behind house which will be divided among us three brothers.
I am the only one who is living in the house and they live at different place.
They are not ready to sell the house and give my share,
Since I have no income source and not mentally well and my brothers are not giving me the share.
Can I get monthly expense from them regular bases?
With out going into court or long process.
My financial condition is not well.

Vishali kumar   29 May 2022 at 09:28

How to get court order by ex - parte

Please let me how to get court order final copy by ex - parte. Is it possible for the ex parte to the judgement copy. Thanks in advance

Anonymous   26 May 2022 at 20:36

Regarding legal heirs

My father died recently. He has 2 sons (including me ) and 1 daughter. My brother died in an accident 4 years back, he has a daughter.

I am planing to apply for legal heir certificate of my father. I have to mention all legal heir names in the application form. I am getting confused here.

Should I mention my brother wife name or his daughter name in my father's legal heir certificate application form ?.

I would like to who are legal heirs to my father in this case.

Anonymous   24 May 2022 at 23:39

Dowry harassment in islam

I m a muslim woman married for close to 5 yrs now and living seperately for around 2 yrs mainly due to domestic violence and dowry taunting. We have a daughter who will turn 4 soon. What is a better option to seperate in such a scenario, should it be through a khulanama via maulana and then declare the same in court OR strictly insist on legal separation only as there is evidence of domestic violence and dowry harassment.
Thanks

Anonymous   23 May 2022 at 18:46

Maintenance

Hello sirs,

After a desertion of a year my wife has filed a petition for RCR wherein she has filed an application for claiming maintenance u/s. 24 and 25 of HMA and U/s. 125 of CrPC. Can she file both application simultaneously? can both applications filed by her for claiming maintenance are maintainable?

Anonymous   22 May 2022 at 20:25

Mistakes in vakalatnama and petition

Respected Experts,

I have a query.
in one of the family dispute a wife has filed a petition against the husband u/s. 125 of CrPC before family court. The title of Document shows Petition No. ______ of 2021(Petition Number is not mentioned anywhere) and the docket shows Affidavit in support of Application Maintenance U/s. 125 of Cr.PC.
further the Application for appoint an advocate is filed properly but the Vakalatnama shows the Petitioner as Respondent No.4.
Dear Expert please guide me that How can I raised an objections against these mistakes in favour of husband.
I am a new one in this field and need your valuable guidance.

Suraj Kumar   22 May 2022 at 19:15

Divorce speedy trial

Myself filed divorce petition 7 years ago. The case is in evidence stage. I have filed a petition u/s 21b of HMA for speedy trial before four yaer; but district court refused to hear & pass any order.

Aggrieved by this, I prefer appeal before high court for sppedy trial. But HC pass order to complete the case within 18 months.

Sir,
As per section 21b HMA, petition under HMA should be disposed within 6 month. But how both district court & high court disobey HMA & destroy right to life ?

What should I do ?