Mohit Gupta
01 October 2008 at 15:19
Case history
We are 2 brothers and 1 sister earlier lived with our parents in Agra. I got a job in pune so I shifted in pune in july2005, after one year I get married and bring my wife in pune with my parents. My sister is also live in pune with her husband. And my elder brother with his wife lives in agra in our house which is in the name of my mother.
As all of our family members live in pune & my elder brother live in agra alone and he does not have any good source of income in agra so he also come to pune in January 2007 for a job searching living his wife in agra with her consent. due to misdirected brother’s wife by her family members when my brother goes to agra in may2007, she refuse to come here and after a mutual agreement with some old family members she agree that she lives in agra with her two child and her mother i.e. my elder brother’s mother in law up to november2007 and my brother sent him Rs. 4000/- per month for domestic expenditure. After that my brother went in Agra 2 times to bring her in pune, but she refuse by saying that she will teach us a lesson in court. (As per my brother view that she has an affair with her JIJA and her JIJA insists her not to come in pune.)
Now my elder brother’s wife in that house alone and neither she vacant neither the house nor she give the divorce to my brother. This is not possible for my brother to go back in Agra.
Moreover she filed a false dowery case upon us (myself and my sister are 4-5 year separated from the Agra)
Pls if possible can anyone give me a suitable view how to come out from this situation?
We want to overcome from both the siatuation
susanth nair s
01 October 2008 at 08:09
is there any provision under the domestic violence act for the recovery of householdingarticles and ornaments of the aggreviedperson,which is kept by the respndents plz provide latest caselaw
shivraj
30 September 2008 at 21:37
in one case the first wife is demanded for partion in husband property which is ancestral in this time husband not supported to first wife and made will and sale deed of said property for not giving the benefit to first wife and discharge there right over property.After that wife filed civil suit against the husband for partition and demand the right over property.After few year husband died court note down following issues i.e
1.whether plaintiff proves that suit property is ancestral property of husband?
2.whether plaintiff proves that she is entited to claim partition and seperate possision in that property?if yes then her share? (imp issuee)plz reply.
Legal Fighter
30 September 2008 at 10:03
Hi All,
If the girl has lodged false FIR and in her FIR she has admitted of "Giving Dowry" by her family members, doesn't it make them punishable for the offense of "Giving Dowry". The police generally doesn't act on this line. How to proceed to get them convicted for this offense.
Please suggest.
Thanks & Regards,
Manish
Legal Fighter
30 September 2008 at 09:51
Hi Experts,
I have read that all the newly formed statute are prospective in nature if it is not specifically mentioned that the statute is retrospective in its operation. But the courts are taking contrary view and putting the Domestic Violence Act as retrospective in operation though nothing is specifically mentioned for the same. Also Domestic Violence Act being quasi-criminal, may attract binding of Section 20 of Constitution of India for violation of fundamental right due to its retrospective operation.
Can you please provide me some supreme court judgment which clear this ambiguity of operation of a new statute?
Thanks & Regards,
Manish
jayachandran
28 September 2008 at 11:00
A wife ran away with her paramour on the next day of her marriage and later filed divorce petition and the same was ordered exparte.
My question is "whether the husband" is a "divorced" person or a to be called as "single". What is his status in the society
SIVACHANDRAN
26 September 2008 at 18:51
In which court having jurisdiction to dealt with the matter of muslim divorce and restitution of conjugal rights?
Whether lowest civil court or sub court having jurisdiction to dealt with the matter?
Since the muslim marriage is a contract?
Ajit
25 September 2008 at 08:03
I have been married for past 6 years. But my marriage is still not registered. I need a marriage certificate for visa formality to some country. I got married in Delhi and presently i am in chennai. Its not possible for me to go to delhi for this purpose. Can i do court marriage with my wife in chennai and get the marriage certificate here? If yes how to go about?
ARVIND JAIN
24 September 2008 at 17:57
In case of divorce with mutual consent can 6 months waiting can be waived ? any cae law on the subject?
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divorce paper
dear i want to give divorce to my wife for that what shold i need to do
or any one have divorce paper so i can get it
waiting for the reply