Anonymous
22 May 2022 at 20:25
Respected Experts,
I have a query.
in one of the family dispute a wife has filed a petition against the husband u/s. 125 of CrPC before family court. The title of Document shows Petition No. ______ of 2021(Petition Number is not mentioned anywhere) and the docket shows Affidavit in support of Application Maintenance U/s. 125 of Cr.PC.
further the Application for appoint an advocate is filed properly but the Vakalatnama shows the Petitioner as Respondent No.4.
Dear Expert please guide me that How can I raised an objections against these mistakes in favour of husband.
I am a new one in this field and need your valuable guidance.
Suraj Kumar
22 May 2022 at 19:15
Myself filed divorce petition 7 years ago. The case is in evidence stage. I have filed a petition u/s 21b of HMA for speedy trial before four yaer; but district court refused to hear & pass any order.
Aggrieved by this, I prefer appeal before high court for sppedy trial. But HC pass order to complete the case within 18 months.
Sir,
As per section 21b HMA, petition under HMA should be disposed within 6 month. But how both district court & high court disobey HMA & destroy right to life ?
What should I do ?
Anonymous
15 May 2022 at 18:44
I had filed for divorce in December 2015. Subsequently in 2016 my wife filed various cases against me including domestic violence, maintenance, 498a etc. She also filed section 9 for restitution of conjugal rights. In view of the cases filed against me, i do not want to live with her. Our relationship is beyond repair. We are living separately since 2016. My divorce case was closed ex parte as my lawyer didn't inform me of the dates and procedure. Can i file for divorce in the ongoing case under section 9? Or shall i file a fresh case? Please guide me how to stop her from coming back in my life. I am ready to pay higher amount of maintenance but she is not agreeing to it. She has told that she wants me to suffer by attending all cases
Anonymous
14 May 2022 at 14:26
sir,
a maintence oder was passed in 2018 to my wife but the oder copy has misplaced somewhere, so can i get the duplicate order copy for court
ks
04 May 2022 at 14:22
Dear Experts,
We filed execution petition under Order 21 Rule 11. Respondent filed reply tht this CPC is applicable for property related matters and cannot be applied in child custody matter. Can someone guide whether we are right or wrong ?
If any judgements of High Court or Supreme Court in GWA cases available where CPC is mentioned for execution then pls share the same.
Thanks.
DHARMESH KUMAR
03 May 2022 at 15:14
My relative had a court marriage on 25 February 2022.
The girl's people were contacted through the ad given in the paper. The girl was a widow and the boy (divorced). After 10-12 days of marriage it is found that the girl is suffering from mental illness. At present, the girl has been sent to her parents home on 26 April 2022. The girl's mental illness was not disclosed before marriage. It is cheating. The boy cannot spend his future life with a lunatic.
Date of Marriage: 25 February 2022
Place of Marriage: Motihari (Court Marriage)
Girl's Home Town : Motihari, Bihar
Boy's Home Town : Arrah, Bihar
Boy's present residence: Ahmedabad(Since 10 years)
After marriage, the husband and wife lived in Ahmedabad from 25 February 2022 to 22 April 2022.
Kindly give suitable suggestions and where to file the petition.
vince
03 May 2022 at 11:30
Hi,
I needed your advice regarding a problem
I am a married man living with my parents in the same house. The house is on my father's name. My younger sister has been married. All the house and other expenses are carried out by me. Presently there are lots of fight going on with my parents and the reason is my sister provoking them by saying lot of false things to them about me and my wife. Also since her husband is on ship, she happens to stay at my place almost daily which is creating a lot of problem. So I have some doubts which I need some inputs from you.
1. How to find out whether my father has created any Will. Can I have any knowledge about it without asking them so that it doesn't create more problem.
If he hasn't made a WILL, how much percent of property am I entitled to? Like would it be 50-50 between me and my sister, or I would have more hold compared to her?
2. What if he decides to give this current house and his earned money which is in bank account to my sister and nothing to me?(There is a high probability this could happen) Is there any way I can fight for it legally. Do I have to preserve any proof at present which will help in future.
Anonymous
01 May 2022 at 03:11
Wife isn't working, No child.
Wife files 498a/306/34 and 125 crpc simultaneously
I filed for divorce and got decree
Divorce decree was granted in my favour on the grounds of cruelty u/s 13 (1) (i-a)
similar observations were made by the Judge there was a hand written evidence- an apology letter by wife which mentioned that she will not commit any mistake (lie, willful desertion etc), in future so as to she wanted to join matrimonial home.
I contested both 498a and 125crpc
We all in the family were aquitted in u/s 498a /406/34 IPC.
Brief observations by Honorable court in 498a & Grounds for acquittal given by court were.
1. No demand towards dowry before/in/about the time of marriage has come on record.
2. It is proven that she left her matrimonial home without any cause and what to say about any demand of any kind of harrassment met to her, ignoring the fact that accused no1 had been pleading her intensely to talk and inform him if she had any grievances at her matrimonial home and not to leave the same.
3.Thus in view of recorded conversation which consists of the constant facts stated by the complainant contradicting her deposition before this court and also approach towards truth it is held that her deposition regarding demand of dowry and beatings and maltreatment are not trustworthy and the allegations as made by complainant are held as disapproved.
4.In present case after going through the evidence collectively and more specifically the recorded conversation complainant is not found as truthful witness.
5. Chronology of the events also shows that the complainant did not celebrate even a single festival at her matrimonial home. The evidence produced only shows that complainant had been maintaining herself most of the time at her mother's place and she had left her matrimonial house even last time without any cause.
6.The intention of the complainant to join the company of her husband at her matrimonial house also does not justify her act of making false accusations against the accused or his family members. In the present case the complainant allowed the web of falsehood to be woven against her husband and she herself assisted the same. Therefore the complainant cannot take plea of her intention to achieve the objective of saving matrimony in order to be untruthful and untrustworthy. Not only this , law does not recognise putting false accusations as lawful excuse.
I am still ordered to pay double amount what i was paying as interim maintenance, I am contesting thsi with revision petition in HC ( pending)
my query is how can i use these judgements in my favour in 125 crpc or can I file counter cases to stop their demand.
Anonymous
27 April 2022 at 22:39
Respected Experts,
I don't want to state the facts here just want to know -
1. is Registered Deed of Divorce valid?
2. is the mutual consent agreement for settlement and divorce valid?
Please do answer and sorry I can't post the facts here.
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Maintenance
Hello sirs,
After a desertion of a year my wife has filed a petition for RCR wherein she has filed an application for claiming maintenance u/s. 24 and 25 of HMA and U/s. 125 of CrPC. Can she file both application simultaneously? can both applications filed by her for claiming maintenance are maintainable?