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  • Judgments in Favor of husband in Crpc 125 MNT

Request for judgements from SC, HC, DC of INDIA on following ground.

Facts are :-

1. She concealed actual DOB, and previously divorced over matrimonial web site, for the same FIR was filed against her and her family members us 420 and ! 120 along with us 13 Annulment of marriage as well as cross false FIR filed by her for safe guard her self against HB 498, 307, DP act and False case DV act /125 MNT etc.

2. While proceeding of Annulment of marriage she compromise at Mediation and council in connection of same case, further according to terms HB withdraw first his case of annulment and FIR IPC 420/120, and then she widthraw MNT 125 and DV act. 
3. Only one case was pending IPC 498/307/DP act at her side wherein she did not appear in said court in next 4 dates, and on further 5th date HB went to Judicial custody for 3 days as he applied regular bail in state of UP in absence of wife as she were not responding.
4. After during the regular bail she appeared and given positive statement according to compromise effected btwn them.
5. Further they start residing to gather at matrimony home, but again due to different temperament of wife as she were not ready closing her last case 498/307/323 etc. even she recorded negative statement in the court against HB while framing of charges in the court.
6. Thereafter she left the matrimony home without any reason and appeared in the court after 2.5 months and submitted statements that compromise effected between us when the HB also continuelsy appearing in the court.
7. Thereafter HB and Wife both went to their home i.e parental home, and after 6 months again she filed MNT 125 and awarded interim maintenance to her and pending for final decision.
8.Thereafter during the trail, she sent multiple applications to HB employer to know current salary and mentioning HB has beaten her, asking dowry, blah blah .
9. In mean time HB also filed divorced petition and same disposed as default as HB was unable to appeared in last 3 dates and file restoration and same is also self widthraw that he will file the same at his native place where the last case was filed of Annulment of marriage.

The ground are:-
1. Concealment of previously divorced and wrong DOB through Matrimonial site. 
2. Took alumni from previous HB and given divorce to him by same threatening method of false case.
2. Highly Educated Master and Bed Degree and was working before marriage
3. Not complied Compromise terms of the court with intention to close Annulment of Marriage case and FIR 420 against her. 
4. Left matrimonial house without any reason in April 16 and filed again MNT in Mar 17.
5. NO child from previous and current HB
Asked 2 years ago in Family Law
Religion: Hindu

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6 Answers

judgments depend upon facts of each case 

 

2) Suppression of material facts by a party is a sufficient ground to decline discretionary relief.

 

3) n Ram Saran vs. IG of Police, CRPF and others, (2006) 2 SCC 541, the Apex Court observed thus:

A person who seeks equity must come with clean hands. He, who comes to the court with false claims, cannot plead equity nor would the court be justified to exercise equity jurisdiction in his favour. A person who seeks equity must act in a fair and equitable manner. ...............

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

The Delhi High Court has said that a wife cannot be entitled to maintenance by the husband when she is highly qualified and has been earning even after her marriage, though she does not truthfully disclose her true income.upheld  a family court order dismissing a wife’s application for maintenance under Section 24 of Hindu Marriage Act, 1955, 

 

2) 

Mamta Jaiswal Vs. Rajesh Jaiswal, Madhya Pradesh High Court Civil Revision No.1290 of 1999 decided on 24.03.2000.

In this case the Hon'ble High Court of Madhya Pradesh has held that well qualified spouses desirous of remaining idle, not making efforts for purpose of finding out a source of livelihood, have to be discouraged. It is further held that a lady, who is fighting matrimonial litigation filed for Divorce, cannot be permitted to sit idle and to put her burden on the Husband for demanding pendente lite alimony from him during pendency of such matrimonial petition. Section 24 is not mean for creating an army of idle person who would be sitting idle waiting for a "dole" to be awarded by her Husband who has got a grievance against her and who has gone to the court for seeking relief against her.

 

3) 

Bhushan Kumar Meen Vs. Mansi Meen SLP (Crl) 7924 of 2008 Supreme Court .

In this case while reducing the maintenance amount from Rs.10000/- to Rs.5000/- granted by the lower court to the wife, the Supreme Court observed that " we cannot also shut our eyes to the fact that at present the respondent wife is not employed or at least there is nothing on record to indicate that she is employed in any gainful work. However having regard to the qualifications that she possesses, there is no reason why she ought not to be in a position to also maintain herself in the future

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Non-disclosure of age and factum of having major children by husband at the time of marriage amounts to fraud and suppression of material facts having bearing on marriage. Marriage founded on fraud from very inception is a nullity; Sunder Lal Soni v. Smt Namitha

Misrepresentation as to the age of the bridegroom made to the mother who acted as an agent and the daughter consented for the marriage believing the statement to be true. It was held that the consent was vitiated by fraud; Babui Panmate v. Ram Agya Singh, AIR 1968 Pat 190.

 You can file a divorce case on the grounds of mental cruelty and desertion or voluntary abandonment of the matrimonial home after completion of one year from the date of marriage.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Fraud must mean representing as existing what is not and concealing what is material. The misrepresentation or  concealment necessarily presupposes that the respondent was aware of the facts and circumstances which were misrepresented or concealed.Every fact and circumstance cannot be materials. Therefore,concealment of misrepresentation of every fact and circumstances cannot be said to be fraud sufficient for annulment. It is difficult to define with any certainty what can be said to be material fact or circumstance but it may be safely said that the fact or circumstance which is of such nature as would materially interfere with the marital life and pleasure including sexual pleasure will be a material fact or circumstance. The only limitation is that the material fact, or circumstance must be concerning the respondent, meaning thereby that it must be in respect of the person or character of the respondent

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

It’s a short duration for judgements as your arguments date is very close 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear client,

It sounds like you're dealing with a complex legal situation involving multiple cases and a history of conflicts between the parties. It's essential to approach the final arguments systematically, focusing on the key points that support your position. Here's a breakdown of how you might organize your arguments:

1. Concealment and False Information: Highlight the deliberate concealment of the actual date of birth and previous divorce through the matrimonial website. Emphasize the importance of honesty and transparency in matrimonial alliances and how the concealment affected the subsequent legal proceedings.

2. Pattern of Behavior: Present a pattern of behavior wherein the individual has allegedly used similar methods in a previous marriage to obtain divorce through threats of false cases. Stress the significance of this pattern in demonstrating a modus operandi.

3. Educational and Employment Background: Establish the educational qualifications and professional status of the individual before marriage to showcase competency and capability.

4. Non-Compliance with Compromise Terms: Highlight instances where the individual did not comply with the terms of the compromise set by the court. Explain how this lack of compliance affected the resolution of the annulment case and the FIR against her.

5. Abandonment of Matrimonial Home and Filing of Multiple Cases: Discuss the sudden departure from the matrimonial home without reason and subsequent filing of maintenance cases. Show inconsistencies in behavior and decisions, emphasizing the impact on the marital relationship.

6. No Children Involved: Emphasize the absence of children from both the previous and current marriages to underscore the absence of additional complexities.

7. Communications and Allegations to HB's Employer: Address the attempts to involve the spouse's employer and allegations made against the spouse, highlighting any potential defamation or harassment.

8. Divorce Petition and Restoration: Clarify the status of the divorce petition, explaining any challenges faced in appearing for the proceedings and intentions to file it in another jurisdiction.

You can reach out to us for further assistance

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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