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George   06 June 2012 at 17:49

Divorce

What is the easiest way to get divorced and maximum time taken for a divorce

I stayed at my husband's house only for 2 months.His mother is making a lot of problems daily.I am fed of staying there and i came back to my house.What ever I does she is finding problems in that.I told my husband we both can stay separately .He is not ready to that decision.Now he also started finding problems.He is also in mothers side.He dont want me now,saying that i am good for nothing.I cant tolerate all these things...I need a divorce soon.Please give me all the details...



Ananymous.   06 June 2012 at 15:15

Harassment for money and gold by in laws

Hi,


I am 26 years old working as a software engineer in Bangalore. I got married 3 months back and I am being harassed by my husband and his family for gold and money.
We had setup a separate family in Bangalore after a month of our marriage and my mother-in-law had arrived just after a week and staying with us since then. Earlier she used to stay with my husband’s elder brother in their native. Till now it has been 2 months she is staying with us and now she got to go to her native due to some responsibilities over there. Now she is demanding to give my gold given by my parents during my marriage to take along with her since her elder son has some debts they want to clear them by selling my gold. I opposed her saying I am not ready to give my gold for selling and that too for clearing her elder son’s debts, and also I said if my husband is in troubles I am ready to sell it but not for others. For this she said ours is a combined family you have to share the responsibilities but we are staying separately and they are staying separately how can she say that ours is a combined family? The statement what she is saying is valid? As I said no to give my gold she trained my husband against me and told him to grab my ATM card from me so that she can have a control over my salary. I am ready to give to my husband when he actually needs it but he is trying to fulfill others needs with my money I explained the same to him but he is not in a position to listen to me as his mother trained him completely to oppose me. My mother-in-law trained my husband to such an extent that he is saying directly on my face if you give gold and money as my mother said, you stay here else go back to your parents. My husband’s brother and his wife both are working in a government sector and my mother-in-law also gets pension but still they are expecting my husband to financially support them saying they have taken loan for his education. so I said ok let my husband clear the loan what you have taken for his education and also said take money from him as long as he gives you but I’ll save my money for our future they are not ready for this even they are strongly insisting to have my ATM card with them. My mother-in-law and her elder son said it may take 5-10 years to clear all our debts till then you should not ask for anything after that we will think of your family development. I was not at all convinced with this so I informed my parents regarding this; my parents came to my house to discuss the same with my mother-in-law. For that discussion my mother-in-law invited everyone from her family (her daughters and son-in-laws and her elder son) and they made a very big mess out of it. They dint even give minimum respect to my parents; the way they talked on that day was very abusive and very hurting. So we were helpless and agreed for everything for whatever they said to calm down the situation and we planned to escape somehow from there and the next day I got ready as if I am going to office and my parents too started as if they are going back to my native and me and my parents met outside and they have taken me along with them to my native and I am stayed with them now. After a week I came back to Bangalore and staying with my aunt and continuing my job. After one week I called my husband hoping that I can see some change in him but still he is stand on the same leg asking for money and gold.
Kindly let me know how could we proceed in this situation, my father was planning to go to my husband’s native along with some of our relatives and have a discussion with them, but as far as I know it is useless. My husband was behaving good prior to this situation he was kind to me but don’t know what did his mother say about me after that he became very stubborn and behaving very rudely he is not even picking my call now if I call him to explain something. I don’t want to lose my husband I have a hope that I can change him if he stays with me alone. Kindly provide some suggestions.

Member (Account Deleted)   06 June 2012 at 14:19

Remand -conditional bail

Based on my 498A, 406 complaint, my husband was remannded and now he s in Conditional bail..
They promisd me to offer my jewels wen he s in jail.
Now thy r tellin thy cant give t back.
And seems that my husbadn has nt signed even one day in the station since he s in conditional bail. Police peopl informd me.
whether the Remand again is possible?

Sirisha   06 June 2012 at 13:48

Is suicidal note legal

Sir,

My Husband is demanding suicidal note as we split after my suicide attempt becoz of his nagging behaviour and my ill health as iam anxiety patient. I attempted to suicide four times when he nagged about family problems and kept blaming me for all odds, when i cd not find a way out i attempted to suicide. Now he is scared as his first wife also commited suicide due to financial problems.
My Husband on Personal note is matured, well behaved and educated proffesional but at times naggs a lot and does not forgive.
Now we want to forget the past , we have identified our problems, he recognized me as patient of anxiety and is ready to make over, but needs a suicide note stating' Iam an anxiety patient and tend to have suicidal thoughts at times, and if i die in such circumstances my husband is not responsible and my parents have no legal rights to out case against him.
Sir, everything sounds correct to me excpt this suicidal note, but i want to give it to clear his fear and rebuild my family,
Please advise if any other ways to put my husband fears andright behaviour in place.
or is this not a correct one.

Info Seeker   06 June 2012 at 12:10

Is the bill of 50% share of property to wife is passed and implemented or it is in discussion state

I would like to know whether the amendment of 50% share of husbands property to wife is applicable as of now? if it is still under discussion than when it will be implemented and how it will affect he property owned before marriage

Jeevesh   06 June 2012 at 11:30

Trasfer of case u/s 408 crp.c

A peculiar situation is before me. A, a wife, has filed a 125 CrPC petition against husband B in Family Court at Saket, Delhi. She also filed another petition under dv act before MM Court, saket, delhi claiming relief u/s 18,19,20,22 of the dv act. In the both the petitions the facts constituting the cause of action are "ditto" para wise same. Even the Annexures are ditto same. Can i move a transfer petition to Sessions Court, Saket on behalf of husband for transfer of dv act case to from MM court saket to family court, saket as the Pleadings as well as Annexures/documents in both the cases are same to avoid multiplicity of recording of same evidence. Both the proceedings are between same parties. ALSO THE FAMILY COURT HAS JURISDICTION TO GRANT RELIEF UNDER 18,19,20,22 OF THE dv ACT AS PER SECTION 26 OF DV ACT.

pawan   06 June 2012 at 10:08

Rcr/dvact/withdwal & compromise,again police complaint

respectable experts.i had filed rcr 1.5 years back 'in return get sec 24 & dv .provide maintaince in sec 24 for 1 year.two kids(8 and 2.3 years).both parties had withdraw cases on 31 may 2012 after a compromise.but even after wife not returned back.i came to know that she had given a written complaint in p.st. on 25 /5/2012 against all my family members for harrasment.now they want something in written at p.st.i explained to I.O.everything & said we get compromised at court on 31/5/12 so this complaint is no more sustainable but IO is pressurising for written agreement at p.st.what should i do? how should procced?????thanks

Raman   05 June 2012 at 21:18

Can any petition be move aginst the misuser of 498-a

Dear Sir,
My cousin is qualified doctor and married to doctor girl and is living in Joint family with his father and younger brother in Delhi.After few years of marriage his wife left the matrimonial home and thereafter she served legal notice and demanded huge gold and cash from him and threatened to implicate in false cases.My cousin filed the anticipatory bail on the basis of the legal notice. The police gave clean chit as there was no FIR was lodged against him.The Session court treated the application as Infructuous.My cousin later file the application for restitution before District Court.When the matter was pending his wife started harrssing him through mediation center who served various notices to whom again he replied them satisfactorily.Finally District Court directed her to join him and he withdraw the Application..The behvaior of his wife during stay became more aggressive she stated making false allegations on him and his family and called Local area of women cell which too didn't find any merits of her allegations and she again left the matrimonial homeand after 8 months she came back and made certain demands which my cousin refused to comply.She then approach to the home town police cell at Haryana.The Haryana Police contacted him on Telephone and he explained the whole situation and the police too apparently convince with his version And Now my cousin has served her the legal Notice for Mutual Divorce

Now I have the following queries
1 whether she can file the Police complaint under 498-A in her home town at Haryana .My cousin Matrimonial home is located in Delhi and he never visted her home town after marriaage?

2 If he files case for divorce( not by Mutual Consent), whether his wife can file case u/s 498-A when the matter will pending before the Courts?

3 His wife is making invariable stands and wants to implicate him and his family in false case of dowry harssement, Whether moving any sort of writ petition before High Court will going to help as he and his family lives under constant fear of being implicated u/s 498-A and his wife without any regret is openly misusing the law?

Thanking you

galsober@yahoo.co.in   05 June 2012 at 18:37

Divorce petition, evidence stage

I am fighting divorce case against wife at Distt Judge court (cruelty ground). Next date is for my side evidence. Wife tendered false criminal complaints against me & family members (498a etc), her complaint died at CAW cell only. I have RTI copies of her complaint as well as CAW closure report. Other relevant applications against me, inquiry reports by various police officers are with me via RTI. In my petition I have mentioned & attached these copies already. These documentary evidence may help me much down the lane. Queries
1) In the forthcoming “petitioner’s evidence” date, should I summon the records officially by applying in the court+ depositing fee etc. OR certified copies lying with me are sufficient. Which document is considered evidence “legally” in such a scene? This record is spread over 3-4 police offices in different districts…………. moreover it will delay the process. So I want record summoning step only if ABSOLUTELY NECESSARY.
Some documents are not throu RTI, these are photo-copies (receipt-copy)
2) Lawyer advised my father + mother’s evidence too. In Sec 13 ia, does it count if parents state that the wife misbehaved with them too? Events of cruel behavior happened within 4 walls of the house only. If my parents make statement, doesn’t the court considers it that they are ‘interested-witness’?
I want to drag both aged fellows ONLY IF IT HELPS ME IN SOME WAY.
3) 1-2 friends of mine are ready to give evidence against the wife in witness box too……but as usual they are scared about courts lengthy procedures, cant spare time frequently for me+ do not want their job to be jeopardized. I also want them to be in comfort if they are standing by me. If they give evidence from my side, how much they have to bother in court-proceedings, how many minimum-maximum visits are required normally for such witness?
Thanx in advance.

Member (Account Deleted)   05 June 2012 at 18:23

Passport for minor

Hi all ,

In followup to my earlier query :
http://www.lawyersclubindia.com/experts/Passport-and-visa-for-minor-308261.asp

i am living seperately from my husband for the past 4 years. we are yet to be divorsed.we are not in touch with each other.
i want to know if i can apply for passport for my child and take her abroad with me

should i take divorce from my husband before doing this ?

is there a way to come out of this , so that i can travel abroad for work purposes along with my child