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Pranesh Jain (Senior Manager)     01 April 2012

To appeal maintenance order.

Dear Forum,

Last fortnight Hon'ble FC ordered me to pay maintenance arrears. Divorce is already stayed (upon her petition) by HC still pending appeal.

Can I file for appeal and seek stay from the High Court. If yes within how many days should this be done ? I've been  advised to pay immediately or appeal within 30 days. However elsewhere in this forum it was clarified as 90 days (since 2003). Please clarify.

Also, should appeal petition be accompanied by DD of 50% of  arrears/maintenance ?

Does grant of stay depend entirely/heavily on the calibre of (my) Advocate ? Please advice.

Before I do this can she file for recovery ? How early can she file for recovery ?

Please throw some light. Thanks.

Pranesh.



Learning

 6 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 April 2012

Under which section maintenance is passed.

 

Also 50% of the arrears is payable only if HC asks for it.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Abhishek Singh (ASE Trainee)     02 April 2012

I have one Query. My sister got married in july 2010. After 2 months of marriage her husband started to ask for divorce. But she didn’t want to give divorce. He blackmailed her. For taking divorce he tortured her mentally and physically hurted  her. Both are government employees. When she goes to work he abuse her through sms and by call. Actually he is forcing her  to  be agree for the Divorce by giving mental torture. He has beaten her many times. Now she has a baby of 4 months. He always blame that she is characterless and abuses her  which is not true. She always say to him that she only loves him. That’s why she does everything what he say. She is tolerating his torture. He always threatens her for divorce. He has some printout of Emails of 2005 when she was in college. In Emails there are some letters written by my sister to her boyfriend. But their relationship was broken in 2005 and after that they never had any contact. They never met again after break up.  Now she only loves her husband. But when her husband came to know about that 5 years old relationship, he started to ask for divorce. He said that he will prove her a characterless girl by showing these printouts of emails and easily take divorce. Many times I told her not to bear all this torture and come to home but She is bearing this torture in the hope that everything will be all right in future.

Actually He wants to do remarriage after taking divorce. We are in big trouble. Please sir tell me how can I save  my sister life. We don’t have any proof except some sms.  My questions are

1)      If he moves to court for divorce with that printout of emails whether emails printout are valid proof?

2)      If she lives separate from him without giving divorce then whether living separately is a ground for divorce?

3)      If she ready to give divorce then who will get custody of new born baby? 

 

Sir please suggest some actions which we can take in this situation. I cant see her living a life like a slave in his hand. This time he doesn’t allow her to talk with her parents on phone so we are not able to talk to her. We don’t know how is she?  Sir please please reply what should we do? I am waiting for your reply.

I have one Query. My sister got married in july 2010. After 2 months of marriage her husband started to ask for divorce. But she didn’t want to give divorce. He blackmailed her. For taking divorce he tortured her mentally and physically hurted  her. Both are government employees. When she goes to work he abuse her through sms and by call. Actually he is forcing her  to  be agree for the Divorce by giving mental torture. He has beaten her many times. Now she has a baby of 4 months. He always blame that she is characterless and abuses her  which is not true. She always say to him that she only loves him. That’s why she does everything what he say. She is tolerating his torture. He always threatens her for divorce. He has some printout of Emails of 2005 when she was in college. In Emails there are some letters written by my sister to her boyfriend. But their relationship was broken in 2005 and after that they never had any contact. They never met again after break up.  Now she only loves her husband. But when her husband came to know about that 5 years old relationship, he started to ask for divorce. He said that he will prove her a characterless girl by showing these printouts of emails and easily take divorce. Many times I told her not to bear all this torture and come to home but She is bearing this torture in the hope that everything will be all right in future.

Actually He wants to do remarriage after taking divorce. We are in big trouble. Please sir tell me how can I save  my sister life. We don’t have any proof except some sms.  My questions are

1)      If he moves to court for divorce with that printout of emails whether emails printout are valid proof?

2)      If she lives separate from him without giving divorce then whether living separately is a ground for divorce?

3)      If she ready to give divorce then who will get custody of new born baby? 

 

Sir please suggest some actions which we can take in this situation. I cant see her living a life like a slave in his hand. This time he doesn’t allow her to talk with her parents on phone so we are not able to talk to her. We don’t know how is she?  Sir please please reply what should we do? I am waiting for your reply.

I have one Query. My sister got married in july 2010. After 2 months of marriage her husband started to ask for divorce. But she didn’t want to give divorce. He blackmailed her. For taking divorce he tortured her mentally and physically hurted  her. Both are government employees. When she goes to work he abuse her through sms and by call. Actually he is forcing her  to  be agree for the Divorce by giving mental torture. He has beaten her many times. Now she has a baby of 4 months. He always blame that she is characterless and abuses her  which is not true. She always say to him that she only loves him. That’s why she does everything what he say. She is tolerating his torture. He always threatens her for divorce. He has some printout of Emails of 2005 when she was in college. In Emails there are some letters written by my sister to her boyfriend. But their relationship was broken in 2005 and after that they never had any contact. They never met again after break up.  Now she only loves her husband. But when her husband came to know about that 5 years old relationship, he started to ask for divorce. He said that he will prove her a characterless girl by showing these printouts of emails and easily take divorce. Many times I told her not to bear all this torture and come to home but She is bearing this torture in the hope that everything will be all right in future.

Actually He wants to do remarriage after taking divorce. We are in big trouble. Please sir tell me how can I save  my sister life. We don’t have any proof except some sms.  My questions are

1)      If he moves to court for divorce with that printout of emails whether emails printout are valid proof?

2)      If she lives separate from him without giving divorce then whether living separately is a ground for divorce?

3)      If she ready to give divorce then who will get custody of new born baby? 

 

Sir please suggest some actions which we can take in this situation. I cant see her living a life like a slave in his hand. This time he doesn’t allow her to talk with her parents on phone so we are not able to talk to her. We don’t know how is she?  Sir please please reply what should we do? I am waiting for your reply.

I have one Query. My sister got married in july 2010. After 2 months of marriage her husband started to ask for divorce. But she didn’t want to give divorce. He blackmailed her. For taking divorce he tortured her mentally and physically hurted  her. Both are government employees. When she goes to work he abuse her through sms and by call. Actually he is forcing her  to  be agree for the Divorce by giving mental torture. He has beaten her many times. Now she has a baby of 4 months. He always blame that she is characterless and abuses her  which is not true. She always say to him that she only loves him. That’s why she does everything what he say. She is tolerating his torture. He always threatens her for divorce. He has some printout of Emails of 2005 when she was in college. In Emails there are some letters written by my sister to her boyfriend. But their relationship was broken in 2005 and after that they never had any contact. They never met again after break up.  Now she only loves her husband. But when her husband came to know about that 5 years old relationship, he started to ask for divorce. He said that he will prove her a characterless girl by showing these printouts of emails and easily take divorce. Many times I told her not to bear all this torture and come to home but She is bearing this torture in the hope that everything will be all right in future.

Actually He wants to do remarriage after taking divorce. We are in big trouble. Please sir tell me how can I save  my sister life. We don’t have any proof except some sms.  My questions are

1)      If he moves to court for divorce with that printout of emails whether emails printout are valid proof?

2)      If she lives separate from him without giving divorce then whether living separately is a ground for divorce?

3)      If she ready to give divorce then who will get custody of new born baby? 

 

Sir please suggest some actions which we can take in this situation. I cant see her living a life like a slave in his hand. This time he doesn’t allow her to talk with her parents on phone so we are not able to talk to her. We don’t know how is she?  Sir please please reply what should we do? I am waiting for your reply.

I have one Query. My sister got married in july 2010. After 2 months of marriage her husband started to ask for divorce. But she didn’t want to give divorce. He blackmailed her. For taking divorce he tortured her mentally and physically hurted  her. Both are government employees. When she goes to work he abuse her through sms and by call. Actually he is forcing her  to  be agree for the Divorce by giving mental torture. He has beaten her many times. Now she has a baby of 4 months. He always blame that she is characterless and abuses her  which is not true. She always say to him that she only loves him. That’s why she does everything what he say. She is tolerating his torture. He always threatens her for divorce. He has some printout of Emails of 2005 when she was in college. In Emails there are some letters written by my sister to her boyfriend. But their relationship was broken in 2005 and after that they never had any contact. They never met again after break up.  Now she only loves her husband. But when her husband came to know about that 5 years old relationship, he started to ask for divorce. He said that he will prove her a characterless girl by showing these printouts of emails and easily take divorce. Many times I told her not to bear all this torture and come to home but She is bearing this torture in the hope that everything will be all right in future.

Actually He wants to do remarriage after taking divorce. We are in big trouble. Please sir tell me how can I save  my sister life. We don’t have any proof except some sms.  My questions are

1)      If he moves to court for divorce with that printout of emails whether emails printout are valid proof?

2)      If she lives separate from him without giving divorce then whether living separately is a ground for divorce?

3)      If she ready to give divorce then who will get custody of new born baby? 

 

Sir please suggest some actions which we can take in this situation. I cant see her living a life like a slave in his hand. This time he doesn’t allow her to talk with her parents on phone so we are not able to talk to her. We don’t know how is she?  Sir please please reply what should we do? I am waiting for your reply.

Adv. Chandrasekhar (Advocate)     02 April 2012

Dear Abhishek Singh,

The answers to your question are:

If he moves to court for divorce with that printout of emails whether emails printout are valid proof?

The court will through out such evidence and will not rely on them.  As per HMA, the wife must live in adultery during the married life.  Having boyfriend before the marriage cannot be a ground seeking divorce.  First of all, you sister must remove "guilty consciousness" from her mind.  She has done no wrong.  She is faithful through out her married life.  Once she understands this, she can equally understand the harassment caused by her husband every day against her body and soul.  As per indian law, he is a offend under section 498-A IPC and also physical, mental and verbal abuser under domestic violence Act.  Keep safe of his SMS and e-mail , which would help her in future, if any action is required against him.

2)      If she lives separate from him without giving divorce then whether living separately is a ground for divorce?

NN  No.  He is harassing her physically and mentally, she has got a reasonable ground to stay away from him for her and child's physical and mental safety.  Court will not find fault with her for staying away from him and will not grant him divorce on that ground.

3)      If she ready to give divorce then who will get custody of new born baby? 

       Generally, till 5 years the child custody will be with the mother.  I do not think he will even claim for child custody.  But he will get visitation rights.  The court will give him visitation rights depending upon various facts.  But she will get child custody.

      FINAL SUGGESTION:  This marriage cannot work out.  She will always feel unhappy even in future if she lives with him.  You pursue your sister and bring her back to your home for her own safety.

     

 

T

 

Sir please suggest some actions which we can take in this situation. I cant see her living a life like a slave in his hand. This time he doesn’t allow her to talk with her parents on phone so we are not able to talk to her. We don’t know how is she?  Sir please please reply what should we do

rakesh sss (operater)     07 April 2012

if she lives seprate from him without divorce whether living separately is aground for divorce?

'no.he is harresing her phisically and mentally...........................'

if a wife goes for 498 a court decisiion is

IN THE RESULT, I find that the accused No.1 to 4 are not guilty for the offence U/sec,498-A of IPC and Sec. 3 & 4 of DPAct. They are acquitted U/sec. 248 (1) Cr.P.c. Their bail bondsshall stand cancelled.

now can husband have resonable ground for divorce and this decision may affect mc case?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 April 2012

Rakesh,

 

pls stick to one thread.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 April 2012

Abhishek,

 

rather than going contested way, if you also want to get rid of such marriage, involve elders and file for MCD.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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