Anonymous

In a divorce case, a respondent has cross-examined of witness of the petitioner. After cross-examination taken by respondent, he mentioned to court that the cross-examination of the witness is over and the court typed that cross-examination of the witness is over. Now, the respondent wants more examine the witness (of the petitioner) about new facts.
Question: Can respondent more examine the witness (of the petitioner) about new facts though he mentioned to the court that the cross-examination of the witness is over? If yes then, How?


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Anonymous
16 October 2019 at 07:43

Prolonging the case

My wife physically assaulted me in the premises of women cell in 2016 April.

A criminal case is in progress against her. In June 2016 she filed RCR in a different court

In August 2016 she filed DV against my parents and my 81 year old grandmother at Magistrate court in another district. Her claim is that the property owned by my grandmother is her shared house. Highlighting the reason that the marriage was conducted in a church adjacent to the house of my grandparents for their convenience. I am born, studied and working in another district. In September 2016 she filed 498a in another district. The petition includes stories of stolen ornaments, damaged certificated, physical and mental torture etc.

In December 2016, I filed Divorce.

All the cases are going on.

In August 2019 I got Speedy trial order for DV. since wife went abroad when a part of her cross examination was over..

So, she came home for 4 days and just before the commencement of second part of cross examination, she deleted 3 major reliefs in DV in magistrate court.

Then she filed almost the same petition in family court in the same district. She went abroad again. I understand that this a step to prolong the case for several years. What can be done from my side for speedy disposal?

Read more at: http://www.lawyersclubindia.com/experts/ask_query.asp


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14 October 2019 at 16:37

Will

kindly advice , MoU of family settlement mentions share is to be divided on percentage basis,not on Metes & bound basis , which one of the two options is better when a WILL is to be executed


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Dear Experts,
My Brother Vijay married in 1994 and within a year shifted from our parental home to a rented accomodation because of pressure for the same from his wife.He had an independent business at that time. Subsequently,our elder brother allowed them to stay in a DDA flat owned by him.Vijay met with an acident 10 years after his marriage which caused an 86% disablity and thus rendered him incapable of any meaningful occupation to provide for his family(comprising of wife, 2 sons and a daughter). He was awarded a compensation of around 16 lakhs a few years later. My father contributed another 13 lakhs and made a fixed deposit of 29 lakhs in my brother’s name . All his medical as well as household expenses have since been met by our parents out of their and my joint business and interest accruing from the awarded compensation. In 2009, our magnanimous elder brother gifted him his flat he was staying in since 1997. 2 years after his accident, his wife started working as a teacher in a school where she is now the Principal. She never contributed towards household expenses and their children’s education.Around the same time, I started taking my brother to my office as he was feeling lonely, a practice which has continued till date.Although, my brother does not have any share in the business and cannot work productively, we started to show INR 30000 as his salary. Ever since his accident, my brother has faced utter neglect from his wife who does not even sleep with him in the same room, goes off to her parents every weekend and frequently travels outside Delhi with her children in tow asking her husband to go stay with his parents while she is away. Two of their sons are now in US, the elder one working and the younger one studying. The daughter is in final year of graduation. Their immigration/education expense have also been borne by our parents. All three children are over 20 years of age. My brother needs constant care as he suffers from frequent breathing problems and requires medication through a nebulizer. Due to my parents dwindling savings and sorry state of my business, we gave her INR 5000 less as monthly expenses about 3 months back. She threw a tantrum and asked my brother to go stay with his parents as she was going to accompany her niece (from Dubai) for a sightseeing trip in India. She did not return for the next 2 months despite numerous calls of request from my brother.The children have not spoken to their father since this incident. We involved a third part for rapproachment in whose presence she asked for the Compensation money Fixed deposits and the ownership papers of the flat they have been staying in for the last 20 years. Both these documents are with our parents as they feel that she will pressurize Vijay to dispose off the property and enacsh the FDs and desert him forever.She has come back to her matrimonial home but refused to let Vijay come there without the documents that she has demanded.She is also demanding Vijay’s share of the business. After so many years of suffering at her hands, Vijay has finally agreed to let us initiate divorce proceedings against her. Please advise about his rights and what all more he has to forego to finally breathe easy.


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Hi, I m currently going through the separation process via Out of the Court settlement and as part of it, my Ex-wife going to keep both my daughters (Age 9) and (Age 4).

As part of Child Alimony, I need the expert opinion for the below

1. How to ensure that Ex-wife is taking good care of children if she is not taking right care then what the exact rules says?

2. How to ensure that I will have everything written in an agreement and share with the bank so that she will not withdraw the amount for self-use. Please share any checklist?

3. In case of her second marriage, how the FD (Child Alimony) will be used, whether her second husband will go to take care of daughters including their schooling, medical, Marriage, etc without withdrawing of FD Money?

4. If FD was created in the name of Kids (daughters) and they want to come back to father before 18 Yrs then who will control the FD and what is the role of the Mother (Who currently wants to keep them for money), whether her signature is still required before during maturity of FD

5. How to ensure that Ex-wife will not be going to withdraw the amount for her self use. Please share what exactly the rule are?

6. Whether Ex-wife can withdraw FD (both Principle + Interest) before its expiry (I.e. before kids turn 18 yrs)

7. In case if we found that the FD amount withdraw was using for self-use, or any other use not related to kids then what steps are required to stop it legally?

8. whether the Bank has any authority to stop withdrawal of amount considering the Ex-Wife is using for herself?

9. If Kids wants to come back to father after 18 yrs, then what are the steps to be taken legally?

Kindly help.

Regards, Satya


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23 July 2019 at 16:57

Dv act against daughter in law

Hi,

My wife filed a 498A case against us which was cancelled at stage of investigation. then My wife filed a DV case which is just ordered as dismissed in our favore. Some time before my mother filed a case against my wife undrer section of DV act. now case is under consideration.

Now I have filed a complaint for fake case u/s IPC 211, 499/500 etc. against my wife for get her behind bars.

I want to ask here that the case my mother filed against my wife can be dismissed ??? as she is mother in law, coz trend is always that DV is filed by daughter in-law only.

Kindly help what to do now?? coz if our case too will be dismissed then my wife will also file a complaint under same sections.

withdrawal can be benefited??


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Anonymous

General Information : HMA 13a filed by Husband on the basis of Cruelty and Desertion. One child of 5.5 years of age, living with Mother. Currently interim maintenance going for child in 'DV Act' (wife was working, so her maintenance denied). My question is regarding legality and reference citation for parallel proceedings of 'DV act relief' and 'HMA 24' ?

1. Are there any judgement available which says : parallel proceedings for 'DV act' maintenance case and HMA 24 will not be possible?
2. Legally, the court will consider their application for HMA 24, Or it can be denied citing 'DV act' maintenance ? Any other legal point which can raised against parallel proceedings of HMA 24 and 'DV act' financial relief ?
Many thanks in advance.


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29 June 2019 at 17:10

Divorce

Hello sir my divorce final judgement day was 27 the may 2019 in family court Bandra. That day judge only announced about divorce and not about the order . Later from my advocate I came to know that No final alimony is granted to me {Wife }. But I want to appeal this in high court .. On how many days I can appeal. How much it costs approximately? How many days it take to close appeal. What are the chances of getting order in my favour. Please guide.


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Dear sirs .

I'm Muslim I have married a sc girl in 2011..
We have 2 kids.but since 2011 we have many issues started and several counselings were over in police station..

In this month dated 15th she beated me like anything went to other house with all her luggage and furniture where she Have taken for rent.. not went to her matrimonial house..

I have sent a lawyer notice regarding the issue and asked to join family life..but she lodged complaint in women ps in my place..they called me to ps and asked DSP said to enquire about me. they inquired all my surroundings and police gave positive report on me..

They have again sent this case to family counseling center...my wife now asking that she wants to join with me..but after all these situations I'm not in a position to accept her...so how can I manage the situation..and if they file police case on me ..can I get bail immediately..

Pls GV me clear idea about this how to proceed further and to how to divorce her amicably..for divorce..


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Anonymous

Respected Experts,

What I understand is Perjury can be filed only on sworn affidavit. Now what is the meaning of Sworn affidavit ? Normal reply with affidavit filed by wife can be considered sufficient for filing Perjury if she has lied in it or Husband should wait for her Examination in chief ?

(I have been suggested by lawyers to wait for examination in chief. However, i wish to file it at earlier based on her written statement which is also on affidavit.)

Kindly suggest.


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