Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Queries Participated

Yogesh   26 September 2015 at 22:02

Divorse u/s 13 (b) denied by wife, after cooling period

dear Sir/Madam,
Case History is as under:
1] She filed a case under IPC 498a against me and my old parents in the year 2007 and Hon.Court acquitted us in 2014 u/s 245(2).
2]she filed a case 125 in 2009 against me and court ordered against me in 2011.
3] she filed 125(3) in 2012 and also filed in other court u/s 125 (3)in 2014.
4] she also filed a case against me and my mother under DV Act 2005 12 18 19 20 22.
we both sit together along with our lawyers and by mutually she withdraw dv case and 125 case.

Then i filed a case in family court HMA 13 (1) (1a)against her for divorse. she presented and requested me to withdraw the same and file mutual consent petition at her town. and i did the same.

we both filed a Mutual divorse petition in her town and at the time of filling mutual consent we paid 50% amount to wife as agreed in the MOU. Hon. Secession Court given us cooling period for a 6 month. After 6 Month on 22/09/15 she denied for divorse out of court. and asked me to pay balance amount and also asking us to pay Rs.10000/- p.m.

Res. Sir,
i need your opinion on above subjects. 1]can I get divorse from her? 2] is she take U turn for denied of divorse? 3] is there any judgement of Hon. H.C. and Hon. S.C. to get help me.
Pl. provide the same asap.

Thanks a lot

Regards

Yogesh



Shivaji   25 April 2015 at 21:18

Maintenance case

Sir, I married a girl in 10 May 2014.I send her to her house on 14 May 14 in the presence of village elders as she caught affair with his cousin through auto call recorder in my phone. Soon after i complained to local PS for her suicide discussion in phone with his boy friend and filed a FIR in 18 May 14. Than i filed a Annulment (to nullify my marriage) case in family court in 23 May 14 as no nuptials has been taken place as she avoided and maintained distance with me.She also agreed infront of honble judge in mediation that she avoided for first night. And i filed sec 420 case against her,her boy friend and her parents in 1st MPM as intentionally and forcibly married her as she expressed her feelings to her boyfriend in phone which was recorded. Already 7 hearings completed and mediation by judge also completed.Now she filed a 498A on 29 Jan 15, Sec 3 & 4 of DP ACt on 29 Jan 15, Maintenance Case and DV Act against me on March 2015 stating that i and my parents looked after well for three days and thereafter we beaten,harrased physicaly and mentally and necked her out on 14 may 14 for additional dowry.Now she stated in her petition falsly that i have property the property of 50 lakhs and i am earning 50000 per month.She demanding 25000 per month.But on ground they gave 6 lakhs to organise our marriage so we spend about 11-13 lakhs for celebrating marriage including their 6 lakhs. The marriage was conducted at my residence. So with that marriage as the marriage ruined as well as i drown in debits.Myself and dad are paying approx 35 thousand rupees per month towards interest for the money which we brought for marriage.In addition i transfered 90000 to her father's account to help her parents in marriage one month before our marriage.i have the bank transaction form.I purchased bike and made every one believe that girl's parents offered me on occasion of marriage.Please suggest me weather i have to pay maintenance to her or not???
Thanking You Sir.

Shailender Sharma   12 January 2015 at 18:23

Domestic violence by son against mother

This is case of my widow relative having a 35 years unmarried son who does nothing to earn his living and harasses his 61 years widow pensioner mother for money moreover he demands his to mother to transfer all her money in his account. He does manhandling with his mother, uses unparliamentarily language against her and threatens her to cause physical injury to her, moreover he prevents his mother from sleeping in night by switching on the lights and playing music system in night he himself sleeps in day to complete his sleep. Any relative or neighbours who assist this widow women in getting relief from domestic violence her son also threatens them and at an incidence he very harshly hit his uncle's son on head while uncle's son was assisting this widow women. We once filed a complain against him in POLICE in front of ASI he started acting as if he is insane and ASI went saying that he is insane and it is not the duty of police to treat insane as soon as ASI departed he again started his activities. In 2012 also a complaint was LODGED in WOMEN CELL in front of women cell officials he stared behaving like insane and they said बहन जी ये तो पागल है। We are very much problemed by this can we file a complain in DOMESTIC VIOLENCE ACT 2005. What is remedy for this widow women to get rid of the violence done by his son.

T. Kalaiselvan, Advocate   02 November 2013 at 12:28

Property rights of women and daughters

Sir/Madam,
Can any one clarify the following:
Under the Hindu Succession (Amendment)Act 2005 (39of 2005);
1) A women who was married before commencement of the amended act is a coparcener and entitled to her share in the ancestral properties?;
2) Are the women who are married before the commencement of this amended act become a part of the Hindu Undivided Family property or whether they are members of the joint Hindu family?
3) If not what is their status as per the amended law?
4) Whether the said amendment was given retrospective effect?

jagjit singh   02 November 2013 at 10:57

498a,323,406,504,506,313 ipc and 3/4 dp act

SIR ,
I GOT MARRIED ON 10/12/12. IT WAS THE SECOND MARRIAGE OF BOTH OF US. AFTER THAT SHE FILED FALSE CASE OF 323,313,406,504,506, 498A,3/4 DP ACT AGAINST ME. IN HER MEDICAL SHE HAS 9 INJURIES. ALL ARE SIMPLE AS PER REPORT. I KNOW IT IS FALSE REPORT. I HAVE THE COPY OF GD WITH ME IN WHICH IT IS WRITTEN THAT LADY WAS EXAMINED AT POLICE STATION AND DOES NOT HAVE ANY INJURY. MEDICAL WAS DONE AFTER 05:35 MINUT OF FILING FIR AND DOCTOR SAYS THAT ALL INJURIES ARE FRESH. WHAT I CAN DO.

Member (Account Deleted)   30 October 2013 at 22:24

Dv,interim maintenance and shared household

Wife has filed 498a followed by dv .in dv wife has asked for shared household and interim maintenance.i have to give our say on the next date .my lawyer has suggested that I should gift my house to my parents or sell it to avoid shared household order.will this really help at this stage when I have to give my say on the next date or is there any other way to avoid residence order?will wife get interim maintenance till shared household is decided?and approximately how much would it be ?wife has asked for 30k as IM .i earn about 70 k ,she runs a boutique and earns about 20k .

Dhiraj Negi   11 August 2013 at 14:35

How to protect from false domestic violence & dowry case under india laws and file divorce

Hi, I want to file divorce but my wife is not agreeing for mutual divorce. She is threating to file false domestic violence and dowry case on me to extract money. We are married for 5 years now with no kids. Please advise what precautions I can take?
What are the rights of a man when a woman is wrong and making husband's family suffer?

yogesh   04 May 2013 at 21:19

Whether stay is on crimijnal proceedinsg is also applicable on dv proceedings?

Sir, My sister in law has file the 498-A/406 case against me and my family and I filed the criminal main petition before H.C ( under 482 CRPC) and trial court proceedings has been stayed..then she file the 125 Crpc And then she filed the DV case against us after gap of some many years and I file the criminal main against quashing of proceedings but H.C has clubbed my application with the main petition and duo matter has been heard in month of July 2013

Since the matter has now been admitted, whether trail court will stayed the DV proceedings as Criminal main of quashing of DV proceedings has now club with the criminal main application for quashing of FIR and proceedings has already been stayed??

Legal Dude   17 January 2013 at 08:50

Adulterous wife

Hi,

I'm from Delhi and got married last year . Within 6 months of my marriage, I discovered that my wife was in a physical relationship with a school kid. I've gathered the following proofs :

1. Photos of them in compromising position
2. Phone call history
3 chat history
4. Photos of them showing public display of affection (all imprinted with date time stamp)
5. Spy report

My wife is threatening to take action against me if I file for divorce. Could anyone please let me know what are my options?

Santosh Nair   10 December 2012 at 11:16

Delay in mutual consent divorce

Hi
We had filed a Mutual consent divorce in Feb'12 in Kalyan High Court, Thane, Maharashtra and 1st hearing was in Aug'12. Both parties were present on this day but judge has given us next date in Sept'12. Girl and her family stays in Chennai. They are very adamant and not ready to come down to Mumbai for any hearing.
I want to know is there a way we can still get divorce with one party presence. Since she is not ready to come, can we summon her through court to get Decree. She is ready to give us in writing or give affidavit but not interested to come for any hearing.
Also all this problem is because our lawyer was not present on single day of hearing and not coordinated the case. Also he vanished taking all his fees. Can we file a fraud case against him.
Please advise.
Thanks