Anonymous
14 February 2018 at 09:12
I filled petition u/s 12-1-a HMA 1955 (Impotency of wife ) in 2016.. In Her W.S : she told that we lived under 1 roof for 23 days and we never done any physical relation between us.Even she told I was ready for physical relation and my husband never approached towards me
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I HAVE HER EVIDANCES
1st audio recording ---- conversation between us in which she told she had boyfriend so i need some time to adjust .
2nd audio recording ---- done after 25 days conversation between us in which she told me in aggressive way,,,dont touch me ,dont sleep near me ,i married you for money and property....
3rd audio recording ----done after 8 days between private marriage consellor and wife ,in which she told i willl not allow my husband to touch me for physical relation because husband doubt me,,and I dont have any boyfriend..
4th evidance: After 7th month of marriage my wife declared in public on general affidavit that she is unmarried ..
My questions
Q1) Does family court accept audio recording under Indian electronic evidance act .
Q2) In audio clip she willfully refuse for physical relation means its repugnance aversion to sexual act means emotional impotncey so does the court can accept it ?
Q3) I hv submitted evidance affidavit of 12-1-a to judge ,now Can I add section 13-1(ia)(ib) as an alternative??,see this judgment:-. **M.J. Petition No.565/1992 was filed by the husband for nullity and alternatively for divorce. M.J. Petition No.272/1993 was filed by the wife for restitution of conjugal rights. Both the petitions were jointly heard and decided by a common judgment and order dated 31.10.1994 passed by the Family Judge, Pune. By the said common judgment, the marriage between the parties was annulled and also alternatively divorce was granted to the husband. The petition for restitution of conjugal rights preferred by the wife was dismissed.** for details check this site http://www.lawyerservices.in/Sou-Pramila-Shankar-Ghante-Versus-Shri-Shankar-Vishwanath-Ghante-2012-07-23
Q4) Is it possible to add alternative relief in same petition ? & does the family court accept recording between husband and wife ?
Read more at: http://www.lawyersclubindia.com/experts/ask_query.asp
Anonymous
13 February 2018 at 15:18
I filled petition u/s 12-1-a HMA 1955 (Impotency of wife ) in 2016.. In Her W.S : she told that we lived under 1 roof for 23 days and we never done any physical relation between us.Even she told I was ready for physical relation and my husband never approached towards me ..... ------------------------------------------------------------------------------------------------------------------------------------------------------------
I HAVE HER EVIDANCES
1st audio recording ---- conversation between us in which she told she had boyfriend so i need some time to adjust .2nd audio recording ---- done after 25 days conversation between us in which she told me in aggressive way,,,dont touch me ,dont sleep near me ,i married for your money and property....
3rd audio recording ----done after 8 days between private marriage consellor and wife ,in which she told i willl not allow my husband to touch me for physical relation because husband doubt me,,and I dont have any boyfriend..
4th evidance: After 7th month of marriage my wife declared in public on general affidavit that she is unmarried ..
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My questions
Q1) Does family court accept audio recording under Indian electronic evidance act 65B ?
Q2) In audio clip she willfully refuse for physical relation means its repugnance aversion to sexual act means emotional impotncey so does the court can accept it ?
Q3)I hv submitted evidance affidavit of 12-1-a to judge ,now Can I add section 13-1(ia)(ib) as an alternative??,see this judgment:-.
**M.J. Petition No.565/1992 was filed by the husband for nullity and alternatively for divorce. M.J. Petition No.272/1993 was filed by the wife for restitution of conjugal rights. Both the petitions were jointly heard and decided by a common judgment and order dated 31.10.1994 passed by the Family Judge, Pune. By the said common judgment, the marriage between the parties was annulled and also alternatively divorce was granted to the husband. The petition for restitution of conjugal rights preferred by the wife was dismissed.** for details check this site http://www.lawyerservices.in/Sou-Pramila-Shankar-Ghante-Versus-Shri-Shankar-Vishwanath-Ghante-2012-07-23
Q4)If any lawyer interested to fight my case than please wellcome. Phone 7798764393
Read more at: http://www.lawyersclubindia.com/experts/ask_query.asp
Anonymous
12 February 2018 at 23:31
I filled a case in Pune Family court u/s 12-1(a) of HMA 1955. in 2016... I have submitted my evidence affidavit to judge .My cross examination by opposite lawyer have not taken yet ..So is it possible now to amendment for Section 13(1)(ia)(ib) of the Hindu Marriage Act...in that affidavit....
If its possible pls let me know ....
my phone no.7798764393.
ChandanLawyersclub
11 February 2018 at 14:56
Dear Experts
I am married from last 14 years. I have a daughter of 3 years. I was working in South earlier, moved to another metro in North for job. Since my profile jobs are very less in South due to my domain industries base
1. My wife has not joined me from last one year, they still stay in south in my flat. I work in North. My mother take care of small daughter in south . I have senior executive profile cannot compromise my career since I have another half of my career years service , I have to move to another cities as good opportunity comes. My wife is also in job earn rs 20000 per month salary. I have assured many times I will give her sufficient money equivalent of her salary even she leaves the job. She has not joined me as of now.
2. My wife has stopped having marital relations with me from last 2.4 years. I have told many times to her not to do so still she do not listen .
If I file RCR on ground of 1. Not joining me 2. Not having relationship with me from 2 years.
what are pros and cons of RCR
Is there any resolution of this without divorce?. I have tried all counselling, spoken to her parents but nothing worked. I want to resolve this issue without divorce.
I am willing to give in writing even I will give her pocket expenses more than her salary when she leaves job and joins me where every I move ( any metro). In fact she will get Rs 20000 job where ever I move
Regards
Chand
Anonymous
03 February 2018 at 23:30
Sir,
my wife filed case under crpc 125 in Judicial Magistrate court. the interim maintenance order will come soon. In case of any adverse order against me, how can I challenge the interim maintenance order in higher court ?
My query is under which section can I challenge the the interim order and in which court ?
thanking you in advance--
Anonymous
28 January 2018 at 22:00
MY PARENTS FILE A CASE FOR CANCELATION OF RELEASE DEED . THE RELEASE DEED WAS REGISTED IN PRESENSE OF THESILDAR WITH PHOTOS OF MY MOTHER AND FATHER . THEY ARE LIVING WITH ME AND DAILY TRY TO FIGHT WITH US AND TRY TO FILE OTHER CASES. I HAVE RANUVTE COMPLETE BUILDING AND TAKEN RANUVATION LOAN . IT IS SHOP CUM HOUSE . AND THEY ARE TRY TO DISTRUBE MY BUSINESS. NOW PLEASE SUGGEST ME WHAT I HAVE TO DO . I HAVE ONLY TWO DAUGHTER AND BY DOING THIS THEY ARE TRY THROUGH ME AND MY FAMILY ON ROAD. COURT CAN CANCEL RELEASE DEED ?
Anonymous
25 January 2018 at 14:12
When Judge has exparted case in favour of wife and 4 yrs old daughter and maintenance amount has been awarded according to the income proofs provided by last employer in sept 2016 but after then there is no information about him and his location, his family declared that he is not with them, but they also in DV case. What punishment can be charged against his family so that he can be traceable.
Anonymous
25 January 2018 at 09:00
I am married for last 12 years and my husband has filed for divorce on grounds of cruelty . I am staying in my matrimonial house with my 8 years old daughter alone .his parents died . He has shifted to another house as he is having an extra marital affair and wants to settle down. How can I stop the divorce. It's been 2 and half years he has filed and I am contesting the case. Please advise how to dismiss the case . He is saying that by this year end he will get the divorce decree from the court even if I contest . Please help
Anonymous
16 January 2018 at 12:35
My paternal Aunty (my father's younger sister) filed a partition suit in the year 2000 under Andhra Pradesh NTR Rule (NTR GOVT INITIATED THIS PROVISION OF PROPERTY RIGHT FOR WOMAN 1985 AFTER THAT THE HINDU SUCCESSION ACT WAS AMENDED IN SEPT 2005). While filing the partition suit she obtained permission from the Civil Court under Order II Rule 2 to reserve her right to file another suit for one of the joint properties which is under position of oil company. the initial suit was preliminary decreed and appeals are pending at High Court. However till date (17 years) she didn't initiate any legal proceedings against us and as well as oil company. Now, the question is what is the time frame to file another suit by my paternal aunty. We already initiated a eviction suit against oil company, whether my paternal aunty is the necessary party in the eviction suit. Please provide rule position and concerned judgments. Thanks.
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