SoniaRajesh
13 April 2023 at 13:19
Section 498a of the Indian Penal Code (IPC) deals with the criminal offense of domestic violence against women by their husbands or in-laws. It was introduced in 1983 to protect women from cruelty and harassment in their matrimonial homes.
Amit Talreja
12 April 2023 at 18:03
Hi!
I have a property with my names and my mother as the secondary name, she is deceased. She has 3kids including me 1 Girl and 2 Boys, the apartment is in Mumbai. What documents do I require to get from the remaining two in order to have it solely in my names.
Parnika
10 April 2023 at 23:35
Dear All Good evening I have a query and hoping that i will get relevant answers here. My husband and myself got divorced under mutual consent. Now I did not want the divorce, my husband forces upon me because he was seeing someone else and wanted to get married to her. My wish and want didn't help and we finally went for mutual i did not demand for alimony.. he came up with a figure of 60lakhs and upon divorce gave me the cheque. I deposited the amount and my life was just goin fine . Suddenly after 2 yrs he comes back and says ... He made a mistake and wants his family back ( me and my son) after a lot of thinking i decided to go back to him for my child. Now I left my job and joined him ... So now he says his 2bd wife needs alimony and he doesn't have the money... If i give him that amount which I got from him as alimony, he will pay her and we can get married again , else it's a long process and will take time... Without even thinking i gave him all the money to give his 2nd wife and get away with it. It went as per plan and we got married and after 3 yrs that we are together.. we started developing issues again... The same old... Extra marital affair etc (which i don't want to disclose here) and it started affecting my mental health. Now he knows i am dependent and don't have any money... He says i can leave the house and go and let him live peacefully. I asked him for the money and said when he was in trouble I helped him with all the money even if it was his wrong doings .. now when he wants me to go, then he should settle me also... Right! To which he says that alimony money was never yours , it was that women's and i gave it back to her . Now I want to know is it humanly possible to be this... Is that now my money what the court granted me . Can't i claim that money . I need clarification on this please Thank you
Read more at: https://www.lawyersclubindia.com/forum/alimony-money-228837.asp
Parnika
10 April 2023 at 23:29
Dear All Good evening I have a query and hoping that i will get relevant answers here. My husband and myself got divorced under mutual consent. Now I did not want the divorce, my husband forces upon me because he was seeing someone else and wanted to get married to her. My wish and want didn't help and we finally went for mutual i did not demand for alimony.. he came up with a figure of 60lakhs and upon divorce gave me the cheque. I deposited the amount and my life was just goin fine . Suddenly after 2 yrs he comes back and says ... He made a mistake and wants his family back ( me and my son) after a lot of thinking i decided to go back to him for my child. Now I left my job and joined him ... So now he says his 2bd wife needs alimony and he doesn't have the money... If i give him that amount which I got from him as alimony, he will pay her and we can get married again , else it's a long process and will take time... Without even thinking i gave him all the money to give his 2nd wife and get away with it. It went as per plan and we got married and after 3 yrs that we are together.. we started developing issues again... The same old... Extra marital affair etc (which i don't want to disclose here) and it started affecting my mental health. Now he knows i am dependent and don't have any money... He says i can leave the house and go and let him live peacefully. I asked him for the money and said when he was in trouble I helped him with all the money even if it was his wrong doings .. now when he wants me to go, then he should settle me also... Right! To which he says that alimony money was never yours , it was that women's and i gave it back to her . Now I want to know is it humanly possible to be this... Is that now my money what the court granted me . Can't i claim that money . I need clarification on this please Thank you
Read more at: https://www.lawyersclubindia.com/forum/alimony-money-228837.asp
Suraj Kumar
05 April 2023 at 06:41
My wife has been saperated from me since 12 years. She had filed 125 CRPC againt me which as dismissed for default for two times. Again she has filed 125 CRPC wherein interim maintenance is allowed.
On divorce case filed by me, on affidavit in chief filed by her, she specifically refuses to live with me at my ancestral house without any specific reason.
Can I move to high court to quash 125 crpc for has refusal of living with me ?
BRIGADIER RM SHARMA
01 April 2023 at 16:55
Dear Sir,
What is the legal position on use of husband's surname by ex-wife after divorce?
Anonymous
30 March 2023 at 01:11
Hello,
I was married in Nov 2020, my wife left home in April 2021 after arguments with my mother, then came back in April 2022, then without any reason left again in May 2022. After that she filled a lawsuit under 125 and complaint to women cell. I was unaware of sec 125 of which I recieved judgement in Dec 2022. This month after few appearings Judge asked me questions. I had a takeaway restaurant business which closed down after my marriage in 2020. Then I started again in Aug 2021 which unfortunately closed down again in Dec 2021. Since then I am unemployed/ out of business. Now my wife mentioned that I earn 2 lk p.m. due to which Judge passed (ex parte) maintenance of 20K p.m. I have filled recall under 126. So finally after appearings when judge asked question he asked to do settlement outside, where wife demanded 20 lk. I am of which have to take personal loan can only provide maximum 4 lakhs ( max eligibility amount), now judge asked me to beg or borrow from relative and to do settlement at 7.5 lakhs. What are the option for me now. My advocate is not advising anything promising which can be of favor to me. I am B.Tech which I completed in 2009 my wife is double MA and use to be teacher before marrige she left job due to COVID. Can judge ask me to beg money or borrow from relatives. What are the options for me. Can going jail is better option for me as I can't pay that amount my parents are retired and we have a income of total 30k p.m.
Anonymous
29 March 2023 at 01:32
Divorce was granted on mutual terms and we filed a compromise pitition in lokadalat for case removal and case was posted to 90 days observation period as divorce was not granted . Later in between divorce was granted and final settlement dd was handed over in front of honourable judge and same was recorded with dd number in divorce order. After 90 days girls is not willing to attend lokadalat .so please suggest on how to proceed to remove the criminal cases
Anonymous
27 March 2023 at 01:51
Dear Family law experts: The facts of the divorce case as follows
1. Petitioner (Wife) married Respondent (husband) in 2012 after 3 years of love phase in distance relationship since both were working at different city. during love phase petitioner stated her "ex" story. the "ex" abandoned her and resurfaced before the day of marriage. during marriage petitioner was started developing another relationship in her office.
2. Respondent later found all these and questioned, to counter this, petitioner was continuously humiliating and pointing out on respondent's inability to earn more since respondent is poor than petitioner. unable to tolerate the continuous humiliation, respondent searched job and moved abroad, and started earning and settling debts and sending money to respondent.
3. Now petitioner twisted the story and to hide her "ex" and illicit relationship findings and damages, was playing victim card as respondent abandoned and left abroad in the name of earning. petitioner got conceived started living in her parental house at the same time respondent moved abroad for the job. in spite of requests from respondent, petitioner denied baby shower and other formalities and twisted the story to parents and neighbors as respondent is not having enough money to conduct all these ceremonies. after child born, petitioner was not allowing to share the pictures or video call to see the child. also denied to quit job and move aboard with respondent. respondent was traveling to india once in a 3 months and meeting the child.
4. one fine day, petitioner told respondent to not to enter her house and not to meet kid for any reason. when asked about this decision to her parents, they were not bothered about this and advised respondent to listen what petitioner says. petitioner was proposing for a mutual divorce, where it was stated the respondent should not meet kid. respondent was not agreeing to this particular point, if visitation provided, was ready to give mutual consent. while respondent was on abroad, petitioner filed divorce on the ground of "cruelty" in Dec 2019!! stating not spending time with her / child, not visiting her / child and not providing financial support and moral support. however the respondent was proving huge money to her through NEFT account to account transaction, bought valuable jewellery, gifts, sedan car, took to vacation trips etc. while questioned about the contested divorce decision, petitioner said that she want to keep respondent away from her and kid. Respondent filed RCR as counter and case still going on.
5. on the main case, respondent made IA for child visitation. the judge took conducted full trial on IA and finally convinced and awarded decree in favor of respondent in Oct-2021. 1 hour per day video call with child and when coming to india, half of the vacation days can be spent with kid. the kid (son) is now 8 years
6. Petitioner went on high court appeal CRP & CMP on this decree and not attached document set. hence from the day of filing high court, the case was not listed ever for the past 2 years.
7. Meanwhile the divorce case is still ongoing in the family court. respondent nowhere made any kind of cruelty or harm. petitioner seems to be narcissistic mother.
Expert suggestion needed in the following scenario:
1. how to execute the visitation rights as per decree passed? (filing EP petition will work?)
2. Or Mention the CRP/CMP at high court and bring the case alive, contest, argue on the case? (whether respondent has chance to win?)
3. Whether respondent has ground to go for child custody?
4. If yes for point #3, Filing as IA under HMA section 26 family court on the same divorce case will be suitable?
5. Or filing fresh custody petition at high court ? (is there is a suitable section based on the facts?)
6. what are the chances that respondent to get infructuous order in all the above scenario?
7. What is the chances of respondent getting child custody considering "narcissistic" behavior of petitioner and wealthier than petitioner and can able to give best education and facility for the kid
8. Any relevant case laws to support this respondent's scenario or anyone has petition format?
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False 498a
I have married in year 2008. After two months of marriage, due to immense pressure from my wife, I had been forced to saperated from my parents.
Unfortunately, on 2012 my wife saperated from me.
On 2013, I have filed RCR case, but she had requested to dismiss my RCR petition. I have withdrawn said RCR case before judgement.
On 2015, I have filed divorce suit. The said suit is in argument stage, wherein the District Judge agreed to pass divorce in my favour- since the wife has requested to reject RCR petition.
On 2016, she has filed 498 A against me & my family without any specific allegation.
Sir,
As per her statement, after eight years of saperated from in-laws she is filing 498A case.
After four years of saperation with husband she has filing 498 A case.
Charge-sheet is filed, but charge is not framed till date.
Can I file acquittal petition in concerned court based on limitation period ?