Rajan Kumar
29 August 2014 at 06:54
Hello Members,
Request ur opinion......Got marriaed in Sep13...working salaried wife....Very short marriage (that too unconsummated by her)....repeated cruelty nd dessertion by wife....finaly left me in Jan14... I filed police complaint & Divorce in March14 ....Immediately she filed CAW Complaint....no result on Caw.....COURT Mediation going (Jul, Aug14....) as referred by Court in divorce case where She claiming to be terminated fron JoB.......She also filed (in Aug`14) 498A FIR, DV claiming maintenance with false affidavit that she's not having any independent source of income nd alleging dowry, physical cruelty nd impotent.....498A GANG & COURT MEDIATOR forcing me to pay her 8 lacs otherwise face court mess for years nd pay maintenance under 24, 125, DV, alternate accomodation, bail, litigation exp's..etc
QUERY1- What should be my strategy to proceed further in Mediation & DV (falling due next mnth) & to weak her confidence?
QUERY2- I donot want to bow to her illegal demands. What should be my strategy to blast her?
QUERY3- How to counter her Maintenance cases as she is working & I have her PF records & blast her with counter attacks?
uday
29 August 2014 at 01:06
I am from Khammam. My wife had filed a Case against me under section IPC 498-A DPA-3 DPA-4 in 2011 at khammam.She is from maharashtra.Initially she had attended the case regularly but due to reasons of long court procedures and dont have place to stay ,she stops coming to court.The court sent summons to her address but she has already left her old address.Police went to trace her address but she is untraceble and also she has filed one more case on me i.e.divorse case from nagpur in 2014.Now as I came to know she is financially incapable to attend further court proceeding in khammam.can i dismiss the case? OR can she be arrested not to attend the court? What would be next step?
PRAKASHCHANDRA MARU
28 August 2014 at 22:22
hello all learned,
That Mr. x having the land of agriculture. He died and after the death of it was came to the news paper that some persons (various) would like to sell the land which is sold by the deceased to those person to whom deceased sold the land.
That the heirs of the deceased want to say that they do not know that father of them sold to the property and the said land was converted into non agricultural land. That the revenue record shows the land is the totally agricultural and the press note came to news paper that this land is converted into non agricultural land and the area of both are differences. Seller given public notice to sell the plots.
How it should be decide that the said land is the same or differ ?
What should do for that type of matter ?
Can issue notice under transport of property act section 52 lespendence
Can take objection that we have right in this matter ?
Can take objection that father of heirs done with out the personal knowledge ?
Deceased given notice to canclllantation of the power of attorney can take the defence that the said powernama used with malfide intention
GANGAM.RAJENDER.
14 August 2014 at 07:03
respected experts,
the suit shedule property was ancestral property the property belongs to grand father which was orally partitioned amongst the sons(x1,x2) of grand father and they are enjoying the property individually since then.
x1 has two childrens (one male y1 minor,one female y2 major).they are enjoying the property along with x1 as HUF.
x1 has entered in to the sale deed and registered the property to third party without consent of the HUF members and the property was not partitioned by mates and bounds.
at present stage the suit is pending before the hon,ble dist court.
x1 and y2 are died.
Q1.NOW Y1 (BIRTH 1952)AND HIS CHILDREN FILED THE CASE AGAINST THE LEGAL HAIRS OF THE PURCHASERS,Y1 HAS PATTADAR PASSBOOK AND
TITLE DEEDS .WILL THEY (Y1 FAMILY) HAVE ANY RIGHT IN THE SAID PROPERTY.
Q2.X1 HAS ANY RIGHT TO SELL THE HUF ANCESTRAL PROPERTY WITHOUT CONSENT OF COPARCENERS(Y1,Y2) OF THE HUF.X1 DIED IN THE YEAR 1997 AND Y2 IN THE YEAR 2004.
THANK YOU SIR.
pssthya
30 July 2014 at 14:30
hi,
can a private criminal case be filed in court
in addition of
OR substituting the job the police is doing.
Paras Singh
19 July 2014 at 12:34
Fight against False DV complaint on the basis of allegations of illicit relations
I, PARAS SINGH residence at Nagpur hereby giving detail information that. I had married with SARITA on dated 15/05/2011 as per Hindu custom and rites. SARITA came to my home along with her aunty & cousin on dated 15.05.2013. They stayed at my home at Nagpur to perform custom & rites upto 18.05.2013. Then on 19.05.2013 all the family members went for pilgrim tour to perform puja We return back on 23.05.2013. at the very next day on 24.5.2013, Me & My wife went to Jodhpur, where I was doing private job & residing since last 8 years .
Before marriage my wife sarita is studying in Private collage doing MCM, part I,After marriage the result of MCM Part I was declared and My wife declared failed in some subject. She always use to pressurize about continuing the education.She called her real brother to jodhpur for Rakhi festival on dated 10.08.2011.After rakhi festival she returned back to her home Amravati directly on 14.08.2011 with her own willings & she continued to stay there ,attended the collage of MCM II year for one year upto June 2013. During this period she had attended the winter 2011 & summer 2012 exam of MCM first year & second year also.
Then I had visited to Amravati to fetch My wife in the month of june 2012 and both went to Jodhpur. After some days the results were declared, in which she had failed in some subjects of MCM II year & she again wants to continue her education & she filled the examination form of II year. She used to put quarrel all the time & stopped cooking food. During the month of September & October 2012 .I had to take food from Staff Canteen Mess. She always use to put quarrel with me by saying that “I am blackish & doesn’t want to marry me”. She doesn’t want to stay with me . On 30 th October she when she tried to assault me. I called her parents along with my elder brother to solve the matter. During meeting she said that she doesn’t want to stay with me & she want to continue her education. After hearing all the matter all the peoples decided that if she wants to complete her education she will attend the final year exam in December 2012 & she will return back to Nagpur & then to Jodhpur after attending her cousin brothers marriage which will be held on 1.01.2013.
I had done train reservations on dated 10.11.2012 & We both return to Nagpur for Diwali festival. After Diwali festival her Father visited our home in Nagpur to fetch her back to attend the MCM II year examinationon dated 18.11.2012. I return to Jodhpur on dated 18.11.2012. After Completing the examination She visited to Nagpur on 20.12.2012 & again she called her father to fetch her to attend her cousins weeding. Her father came & get her back on 25.12.2012.
While returning she take all her belongings along with her ornaments & my golden bracelet with her by saying that she need it for her brother & she will take it back while returning to Jodhpur
I had also called her on 24.12.2013 for conveying birthday wishes & asking her for return reservation confirmation. She replied that after attending the cousins marriage she will be back to Nagpur on 7.01.2013 to attend the Bhagwat katha utsav & then will confirm regarding the ticket confirmation. My family members celebrated her birthday with great joy without having notice of her cruel intensions.
After that she stopped receiving calls from my side.She never return back after that day. When she doesn’t return for Bhagwat katha utsav my parents called her but she & her parents refused to send her back.
I came to know that she had appeared for winter 2013 examination .So I think that she will return back after completing her examination. She stayed with her parents during this period , she never contacted me or to my parents during the above said period.
On 22.05.2013 she send a registered letter to me by putting false allegations on me. My elder brother contacted her father to ask about the matter , but he bluntly refuse to answer & said that My daughter will not stay with me & threat him that he will humiliate the family in court.
After this She sent me legal notice & filled an Complaint under Domestic Violance act in October 2013 involving My Father, Mother, Elder Brother, Younger Brother & Sister Who lived at Nagpur. And against one girl who is residence of Jodhpur & she is daughter of One of College , she is like little sister to me.
In this complaint she filled false complaint that;
1. I had having an illicit relation with the girl & we were living in Live in relationship at Jodhpur.
2. I had deliberately send her to her native place against her will.
3. I use to beat her mercilessly & abuse her.
4. The girl also use to beat her.
5. My parents were use to treat her like servant & beat her.
6. She was thrown out of house after Diwali in Nov. 2012.
7. I had taken all of her gold ornaments & belongings before sending her to home.
8. She demanded 30 lac rupees as compensation & Monthly Maintenance of 30,000 rupees alongwith shelter & other expenses.
Since I am working in Rajasthan & case was filled in Maharashtra , I had appointed a lawyer. The case was continued; meantime she filled for Interim Maintenance of Rs. 30000. As I am having Monthly salary of Rs.34000 & in hand salary of 14000 I submitted my salary slip to JMFC court, The court had passed interim Maintenance of Rs 5000 Per month to her.
As I am getting 14000 per month & my Father, Mother, Were dependent upon me & I had to attend the case every month I need to travel from Jodhpur to Amravati every month, It is not possible for me to pay Rs 5000 per month so I filled an case for stay against maintenance order in District court in March 2014.
Now My wife & her Lawyer were deliberately delaying the Case in District court.
In JMFC court , she said in her affidavit that When she came to reside with me at Jodhpur , The Girl was also staying with me & We three were living under one roof.
She still claims that I am still living with that girl in my house.
Where the fact is,
1. That girl was tying me Rakhi since last ten years & we were having photos of Rakhi function with her family.
2. That girl was married in February 2012 & we had submitted her marriage card to Court.
3. Now that girl is living with her husband since last 2 years at different place.
4. Her father is living in same township where we are working.
5. She was never given any bad treatment , nor she had complaint anything during her stay.
6. We got married in May 2011 & she left my house at Nagpur in Nov. 2012. That means During period of 18 Months , She stayed with me at jodhpur for 6 months , My family at Nagpur for 15 days & rest 11 months at her Fathers house with her own willing, & still she filed an DV case.
7. Now I had filled a Divorse application against her in Family Court Nagpur, Where During Mediation she says that she wants to stay with me but she is not ready to withdraw false allegations & Domestic Violence case which is running at JMFC court.
8. She still wants Rs. 30 lacs as compensation.
9. She wants to fetch that innocent girl to court, Which will badly affect her married life.
10. As I have to travel 3000 Kms To & Fro every 20 days to Fight cases in three different court, [JMFC court, District Court & Family Court].I was totally broken emotionally, mentally, physically,socially. I am totally exhausted. I had to take leave which were unpaid & I am getting salary of Rs 8000. Per month only.
Please provide me right solution & citation to fight against such false, greedy, and inhuman peoples.
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The marriage law (amendment) bill, 2013
Dear Members,
I would like to know if The Marriage Laws (Amendment) Bill, 2013 which was passed by the Rajya Sabha on 26/08/2013 the law of the land.
Can the said Insertion of new sections 13C under The Marriage Laws (Amendment) Bill, 2013 be used as a ground for dissolution of marriage and obtain a divorce decree.
Thanking You,
Vijay