Family Law

Wife claiming divorce on the false ground of impotency

Wife claiming divorce on the false ground of impotency. My wife filed a divorce under cruelty and I am impotent, but both grounds are false. What are all the remedy I have, can I sue her for the false allegation, what are all the procedure. Asked from: West Bengal...

Second wife seeking residence order under domestic violence act

I am the second wife seeking residence order. I initiated DV case against him and another criminal complaint of 420,498A,354,376,324 of I.P.C against my in-laws, I want a residence in the matrimonial house but his first divorce is pending. He compelled me by force to sign-up in his divorce case to implicate me that I know his first marriage. He after our marriage want to marry with a third woman so created an account on Jeevansathi matrimonial site and I caught him I have this proof I submit to the court.

He did sexual assault against me after 17 days of interaction and threatened me to do what I said to you. I did sign in up. I give my statement under 164 to the magistrate about this real assault, but his lawyer defence is that I have prior knowledge so I can not get relief of right to residence in the matrimonial house. His wife doesn’t live with him. Please kindly give me advice on how to get the right to residence in my husband house. He has by writing admitted that I am his wife, his family members also in writing admitted that I am their daughter in law before Mahila samupdeshan Kendra, and their fir against me of 380,457, I gave my marriage certificate to the court.

Does a woman in domestic nature in strange nature have the right to residence in the matrimonial house?

Excessive maintenance under Section 125 crpc

Judicial Magistrate has awarded excessive maintenance under section 125 crpc. An Order on section 125 crpc is passed by Kalyani judicial magistrate court ordering a final maintenance amount of Rs.7000. The wife has left me on her own will and I have sent 3 letters asking her to come back. I have also mentioned that my earning is Rs.16000/- per month from my homoeopathic shop.

But the court has not considered the facts and awarded such a hefty amount. Can I challenge the order in Calcutta High court or should I go to district judicial magistrate court? Which is a better option? I have also filed a divorce case on Dec 2018 and my wife has not appeared so the court has passed ex-parte order. Now the final divorce order will soon be passed. Please help how could I reduce my maintenance amount?

Husband has left his job and denying maintenance

My husband has left his job intentionally for denying maintenance under Section 125 crpc. He is a qualified doctor and employed in a reputed hospital. When he received the notice of maintenance case, he resigned from the service. 

But he still earning a handsome amount from private practice. He is doing medical practice in hush-hush. Could I get any maintenance?

Does affidavit of husband mandatory for Section 125 CRPC?

My husband is living in Delhi, and I am in Kanpur. He has expelled me from the marital home and also does not want to give maintenance. Therefore, I want to file a complaint under section 125 CrPC for maintenance. Is it necessary to file the affidavit of husband and wife for filing of the complaint under section 125?

Wife has filed many court cases concerning the matrimonial dispute

My wife has filed many court cases towards the matrimonial dispute. I have also filed a case under section 9 of the Hindu Marriage Act for restitution of conjugal rights. The said case is running for more than two years and currently at the argument for maintenance. The court has granted the visitation right, but my wife flouted it. Therefore, I filed a contempt of court proceeding against her.

After that my wife approached the high court under section 482 of the CrPC for quashing of the criminal proceeding. She has filed an application under the Domestic Violence Act, and the case is still pending. What should I do to expeditious disposal of all places?

Husband purposely became jobless to frustrate my case

Husband purposely became jobless to frustrate my case. I filed a lawsuit in court under the protection of women from domestic violence act 2005 under sec 12,18,19,20 & 23. How I will get interim maintenance from my husband if he is purposely jobless?. I am having a daughter of 1yr to take care off.

Stepmother compelling my husband for maintenance

My husband is working in Aditya college for 15000 per month. We have a baby 12 months old. We didn’t even own house to live. His stepmother is asking for maintenance 3000 every month. She is demanding to take responsibility for her daughter’s marriage, and they are creating badly on us. They do not agree to be with us what should I do.

Wife can seek residence order only in shared household

My husband contracted a second marriage, and that woman has been living with us. The second wife of my husband demanded huge money as maintenance under section 125 of the code of criminal procedure. She is a very much materialistic woman and also dominating my husband. Along with that maintenance petition, she has filed a case under the Domestic Violence Act.

The Honorable Court has decided and ordered to live in my house. I am the owner of the house. Therefore, she has no right to make any claim on my property. What should I do?