Anonymous
10 May 2023 at 15:08
Marriage happened at Bangalore 1.5 years back. Wife was already a divorcee but then also arranged marriage done. After marriage wife mentally torchered his husband for small small topic due to which he was getting depressed and 2 times admitted in hospital. Husband committed sucide attempt also on his birthday. Husband's mother was also admitted in hospital due to his daughter in law behaviour. Wife has taken almuny from her first husband around 20 lakhs. She had her mentally treatment which was hided from her husband family.
First marriage was for only 7 month. She was working and left her Job twice as she don't want to do the job.
1) Can wife ask for alumny from his second husband also?
2)Wife family is pressurizing husband family to live togethor?
3)Marwari samaj is pressurizing husband family to talk and pay alumny if they want to get separated, can they do that?
4) Husband Mother and father is not well. so if wife file case at Punjab (his native place) do he needs to travel from bangalore?
5) PLEASE ADVICE STEPS TO GET RID OF THIS SMOOTHLY?
Syed Aijaz
08 May 2023 at 16:12
Respected Legal Experts, Long story short. My ex-wife filed a writ petition as Heabeaus corpus (False charges) in High Court in 2019 asking for a Child Custody stating children are minors (Son 2 1/2 years and Daughter 4 1/2 years) summons issued to me and I produced the children in High Court, based on investigation and examination, Chief Judge passed the orders in my favour as mother use to torture minor children and I proved that in High Court. High court gave visitation rights (Sat and Sun) to mother stating mother can visit Bharosa centre and free to meet the children between so and so hours. High court also directed both the parties can file case in Family court for any modifications of orders. Mother filed GWOP in Family court for modification or orders in interim petition and to grant her permanent custody in main OP. Family court examined the children and passed the interim orders in my favour and gave visitation rights stating mother can come and meet children in Family court twice in a week for so and so hours. She use to come and meet children. During Covid 2021 she illegally detained the children during visitation and absconded from home, I made complaint in area PS, though I had High court and Civil court orders area PS asked me to get the court permission to get the children from her. We filed a out of order petition along with return of Custody petition in Family court and she was summoned to produce the children, she took 6 adjournments with nonsense excuses and passed 6 months, Judge gave her final warning post which she produced the children, in those 6 months she influence the children, brain washed the children and upon production she was pushing Judge to examine the children again now, Judge examined the children and dismissed our return of Custody petition stating children wants to be with mother now and passed the dismissal order. As soon as my return of children petition is dismissed I understood that Family court Judges could not even understand the motive behind illegal detention of children, when they can't implement the orders they should not passing the orders. I lost faith in our Judiciary system. As I can't leave my kids with her I will try until my last breath to get my children back. Main concern now is, I changed the Family court Adv and approached a new Lawyer and he told me challenging order time is 90 days, he took some amount as advance and did not even file a petition in High Court, he is not answering my calls, 90 days passed. Family court GWOP case is in (Dismissed for default stage) as mother is not attending to court since 6 months, need to appeal in a High court to challenge the family court order. Please advise. Thank you for your precious time.
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04 May 2023 at 02:48
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Anonymous
17 April 2023 at 21:00
The wife has filed cases under 498a & DV after 2yeras of staying away from her husband,
1st they had filed a mutual concent lawsuit for divorce, now she is demanding 15 to 20 lacs for signing the mutual concent petition, which was not agreed upon by the husband, so she has filed for contested case at her parents native place,
She has been returned all ornaments in the court & signature taken, she has named husband 's parents also in the DV case,
1) can a contested case could be filed against husband and parents after staying away for two years?? Though they had filed a mutual concent divorce petition to begin with,
2 ) on what grounds can the husband & parents can quash the false DV cases, specially when they are not staying with the wife since two years??
Anonymous
17 April 2023 at 20:41
The wife is demanding Rs 15lac back, which she claims to have spent for household expenses like ration , servents pay & other such sundry expenses when she was staying with her husband and daughter, from the husband to return it
1) is such a claim sustainable legally, even she gives the details of the amounts spent?- presently she has not given the detailed breakup of the expenses incurred,
2) will the court make the husband pay such expenses, as it was done for the family and not individually on husband.
Anonymous
16 April 2023 at 01:49
Hi Sir, please see the order of lower court (DVC)
Business : In the result, the petition is partly allowed and the following reliefs are hereby granted in favour of the petitioner. 1) A monetary relief u/s 20(d) of the PWDV act is granted hereby in favour of the petitioner whereby the respondents no.1 is directed to pay maintenance of Rs.10,000/-(ten thousand only) per month to the petitioner form the date of this order, payable on or before 10th of every succeeding month. 2). The respondent is directed to return the cash of Rs.1,00,000/- and motor bike presented to him at the time of marriage to the petitioner or the worth of it, within 6 months. 3) Am amount of Rs.5,00,000/-(Five lakhs only) is hereby granted to the petitioner towards compensation and the respondent No.1 is hereby directed to pay such amount to the petitioner, within six months from the date of this order. 4) The other reliefs sought by the petitoner are hereby dismissed. 5). The petition against the respondents No.2 is dismissed. 6) The petition against the respondent No.3 is abated. 30. officer is directed to serve the copy of order on both parties at free of cost as per sec.24 of the act. Copy of this order shall be communicated to the concerned protection officer and concerned police for the purpose of assistance in its effective implementation
I preferred fot appeal in the MSJ court and my appeal was dismissed confirmation the lower court order.
Please help me
Anonymous
15 April 2023 at 14:55
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 ?
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.
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