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Law Querier   23 June 2012 at 11:04

Divorce seeking nri wife demand maintenance?

A divorce case has filed (section 13 (1) (ia)) in Indian family court by nri wife living in Canada through POA of her father. Similarly, wife had filed other divorce case in Canada court. Husband has replied in Indian court that he doesn’t want to divorce and denied all allegations put by his wife. Now, as per ground of divorce of Canada (completion of one year of separation) Canada court has ordered divorce. Husband has got Canada divorce order through post. Now, Husband has no chance to save his marriage. So, he wants to surrender to foreign divorce order. The question is, if husband agree with foreign divorce order, how can he gets Indian divorce order? Can husband have to pay any alimony or maintenance to his wife after divorce in India though wife is good in financial position in Canada and the divorce case petition filed by wife? Can wife demand any maintenance or alimony? Can wife demand her gold ornaments and articles recieved during marriage ceremony while she got divorce from Indian court?

antony JP   23 June 2012 at 10:03

The real issue

Dear and beloved experts of lawyers club .Again i have come with some queries for your answers.I am always thankfull to you all because even my parents do not support me you support me a lot and i got the confidence to fight for truth.

Section 25 of SPL marriage act and my queries.

1)the willfull refusal of the respondent to consummate the marriage.

My wife has not said whether i refuced or not but have said only we did not live together so did not consummate even though we have consummated the marriage.Is it possitive for my counter action or is there any legal ground supported to her?

2)The consent to the marriage was obtained by fruad or coercion.



She has said that i black mailed her to marry me with a photo taken together in a studio..It was a lovemarriage but she alleges this.i did not force but loved her.



there is no evidences with her but simply created a faked story as per her advocates idea.



please comment and enlighten me with your answers.

Mentally Depressed   23 June 2012 at 07:47

Whether police of different jurisdiction can tried the case u/s 406 ipc for dowry artiucles

Dear Sir,
Its written under Crpc That offence falling U/S 406 of IPC, police of that Jurisdiction sHall investigate the case where the offence has been committed.

But in my case my Brother wife has file the case in her home town( different state) and we are residing in Delhi and the matter has been referred to CAW( Women Cell)u/s 498-A/406

I applied for A.B before session court in that state but it is treated as pre mature

My query is that since allege offence has taken place in Delhi Jurisdiction whether the police of OTHER state can investigate the matter u/s 406? and Whether police of other state has the power to search our residence?( because in that case search warrant needs to be issued which has to be taken from magistrate of the jurisdiction)

If other state police personnel entered into our accomodation without any

Member (Account Deleted)   22 June 2012 at 18:51

Talak nahi

mera pati pichale 2 sal se mere sath nahi reh rahai aur unohane 2 sal ke duri ka talak ka case dala hai.Mai agra mai rahti hu or mere pati mumbai me kaam karte hai.mere pati ne case mumbai mai dala hai.Kiya may apne pati se kurcha maang sakti hu.may pg hindi pass hu.
may talak nahi chahati kiya mere bina kahay talak ho jaiga.


Harsha Harsha   22 June 2012 at 16:43

Squash 498a

My husband was on remand for the 498A, 406 which i gave. Now he is on conditonal bail. I heard from his frnds that he has raised a petition to squash in high court. But i have not recved any notice for that.
Do i need to attend it?

silky   22 June 2012 at 13:41

Divorce

My husband wants a divorce due to petty issues of me with my mother in law, but i don't need divorce. What are my rights in this regard and how can i manage to stay in the same house they have. I want to settle down but my husband is not willing.

saroj sharma   22 June 2012 at 12:17

brother's wife harrasing

Dear Sir,
My bros wife has been harssing my bro since 2yrs now .She has thrown my elder widow bhabi' her two daughters n my father out n they r presently residing with me.She has clearly told my bro that wont keep them . all my bhabi's things r lying over there .She came to my house in just one sari.Its been two months now. We were quiet bcoz my bro said he will try to convince her ,but a month ago she fought with him ,called her bro n mom to threaten him.My bro ran from the house in just the clothes he was in .Now ,she is continuously calling him to come back but my bro is residing in NCR n not willing to come as he fears that she might put him into great problems. She has done the same in the past as well.Please guide us as she has called my sister in Rajasthan n told her send my bro back or we would be facing dare consequences. My sister's mobile has a self recording system n all her conversation has been recorded in it ,can it be of any help .Waiting for a good advice .
Thanks
Saroj

Singh   22 June 2012 at 09:42

Please advice

Dear Sir/Madam,


Me and my wife going for mutual divorced and I have prepare all the paper and given the hard copy to her.

Now she insists again and again to send soft copy by e-mail to her. She is advocate don’t know if she want to change any thing she can add in paper and I will change the documents. Why she wants, I will email her to soft copy.

Just want to know if I will email soft copy to her through my e-mail id. Is there any legal problem for me or not.

Please advice.


Regards

ashoksrivastava   22 June 2012 at 09:10

Jurisdiction for filing of divorce petion by wife

dear sir, my wife had filed 498a and 406 case at pune in jan2012 under156(3). police investigations are not yet complete. meanwhile she has filed divorce petition at pune in april2012.marriage has been solemnized at bhopal in 98 where we have been living together since marriage till jan 2012 when my wife left for pune to reside with her parents. does pune family court have jurisdiction over this case pl. help. I have filed a rcr petion at bhopal in march2012.however they have managed to return rcr summons underpretext of wrong address.

Venkateswarlu Ch   22 June 2012 at 07:53

Consequencies if widowed woman has illegal contacts

Please let me know, the consequencies and further action which would be taken by the family members of the deceased person in a case of widowed woman has the illegal contacts and she register a FIR on the family members of deceased person said that the family members are allegeding and beating. She does not care her parents and family members.