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Fightergirl   04 November 2018

No not possible.
1 Like

Aman Sharma   04 November 2018

thanks for quick response

Fightergirl   04 November 2018

however case can be transfered but cannot filed twice for same thing.Similarly two FIR 's cannot be allowed on same facts .
1 Like

Fightergirl   04 November 2018

i meant one case can be transfered to another city / state but two cases not possible .
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Aman Sharma   04 November 2018

need one more help pls reply I'm going to file a case against my wife as we're going through oprression and constant threating from her side.....my query is this during the legal proceedings if she filed a complain against or try to frame me will it effect in any manner during the police verification if I get through a govt. job as it a family court issue pls help me on this

Fightergirl   04 November 2018

which case you are planning to file on her? However she can file cases like Domestic violence , 498a etc. it is advisable not to hide any fact from the employer , however if there are any serious charges on you that might effect the job but petty issues and matrimonial matters have less impact.
But before all this it is important to know which case you are planning to file on your wife to assist you in this context

Aman Sharma   04 November 2018

thanks a lot for such quick response

Aman Sharma   04 November 2018

I'm planning to file a case against under section 9 and Section 13(i) (a) of the Hindu Marriage Act, 1955

Dr J C Vashista (Advocate)     04 November 2018

Contact, consult and engage a local prudent lawyer if you have planned for either of the two options as stated by you, but both of them can not be there. 

1 Like

Fightergirl   04 November 2018

Both cannot be possible at the same time, its better to contact a local lawyer and proceed.Matrimonial matters should be proceed ambicaly , no need to be in rush .

Aman Sharma   04 November 2018

can WhatsApp chat history be work as evidence in wife infidelity

Kumar Doab (FIN)     04 November 2018

Originally posted by : Aman Sharma
I'm planning to file a case against under section 9 and Section 13(i) (a) of the Hindu Marriage Act, 1955

You seem to have done some homework and might be having some instances/evidences to put up before court.

Central Government Act

The Hindu Marriage Act, 1955

 

9 Restitution of conjugal rights

13 Divorce- (i) Explanation .—In this clause,—

(a)

You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, etc and and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you and even help you.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL: Family/Civil courts, HC, SC …

Your counsel after examining all (irrefutable/corroborating) evidences can advise you on approach that you are contemplating and asses if you have enough material to bear burden of proof that lies on petitioner (you as in query) and respondent canot tender satisfactory evidence for withdrawal from your society.

And also that condition of other spouse is such that canot be treated and a spouse cannot live with other spouse.

The court may not allow either spouse and their counsels to run away from proving their respective stand.

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Kumar Doab (FIN)     04 November 2018

In the meantime you may go thru;

Rajasthan High Court

Reema Bajaj vs Sachin Bajaj on 13 July, 2011

Uttaranchal High Court

Balveer Singh vs Harjeet Kaur on 22 June, 2017

 

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.148 OF 2008

'H' … Appellant  Versus 'W'

The first ground was of cruelty and the second ground was that the respondent has been suffering intermittently from mental disorder of such kind and to such an   extent   that   the   appellant   –   husband   cannot   be   reasonably   be expected to live with her. 

 

 Nevertheless, we have perused the said certificate which records that Dr. “J” had seen the respondent ­ wife on 14th April, 2000 who was accompanied by her husband. Dr. “J” stated that she complained of decreased sleep, crying spells and angry outbursts, as well as sadness of mood. She has merely recorded that she required psychiatric assessment and observation. 

Aman Sharma   04 November 2018

thanks a lot sir your precious advise mean a lot to me I've done research on this and even appoint a local advocate who is well versed in family matters he advise me to go through in such way yesterday her parents came along with 5 other people and misbehave with my parents in absence of me while I was at the office and she has taken away each and every thing precious kept in the locker including 280000 rs cash which I kept at home for a new start up as I came home and dailed 100 and inform about the incidence police came and clicked photos of the mess that left behind I'm shattered don't know what to do I'm supposed to submit the money by 12 of this month please advise what to do

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