Mrunmai Deshpande
11 May 2012 at 19:18
Thanks for your reply which has given me lot of moral support, but Sir you have not said anything about child maintenance. If I am unable to work and earn, how can I give Child Maintenance? I give below my query again. Please help me in suggesting a suitable solution.
I am a person of 42 years of age and have a son and wife. Together, we stay with my parents in a flat owned (not inherited ) by then. Before pregnancy my wife was working and earning around Rs8000/-pm. I am currently suffering from paralysis of both the legs and writer’s cramp and so unable to work and earn. We are already a burden to my parents though they never complain about it and meet all the expenses of our joint family. My both the parents are retired and meet the expenses of our joint family through the pension they get and interest on Bank FDs. As I am unable to work and because of my disability my wife has deserted me and currently staying with her parents. My son is also with her. Her parents are well off. She is trying for a job there. She wants divorce from me. I am under tremendous pressure since I can’t earn. How can I give her alimony and child maintenance? Please help me in suggesting a suitable solution!
Rajendra Patel
11 May 2012 at 14:04
What is stridhan ?
Stridhan & Dowery both are same ?
when she claim for stridhan to return ?
when she claim for dowery to return ?
If dowery is not demanded but stridhan is present it's a crime in law ?
Adv. khojraj Dhanraj Nerkar
11 May 2012 at 13:13
what is the effect of partition of the Ancestral Property?
whether the status of the Ancestral property is changed to the self acquired property after partition?
In the ancestral property a coparcener dies no doubt devolution of the property is according to survivor ship i.e. property goes to surviving coparceners, but if there is partition of the Ancestral Property and the person dies intestate whether the devolution of property will be by survivor ship or succession?
umesh
11 May 2012 at 12:58
My sister got married in 2008. She has 2 yrs old daughter and staying with my parents since last 3 months.
Due to not giving dowry and giving birth to a female child her inlaws started harassing and mentally torture her. Her husband also became violent and tried to kill her many times.
Both the husband and wife want divorce now. I also want my sister to get divorce and restart her life with second marriage.
They have threatened us that if we file domestic violence case against them, they will not give divorce to her. So we are thinking to go for a mutual divorce and then go legally against husband and his family. Is it possible?
Once she gets divorce can we file FIR against her x-husband?
Gopalan
11 May 2012 at 12:52
Hi Experts,
I have been a silent observer of this site and I like the kind of advise given on this website. I am stuck with a problem in my ongoing case, hence I am posting my problem for you experts. Please be kind and revert.
I was a defence person, who had to leave the force because of being medically unfit for the service because of being amputated. Now I am working with a private company and at a good salary too.
This impacted my marital life as well. Due to amputation, my wife started resenting me. She has now filed multiple cases on me, including 498a, divorce on false grounds, DV, 125 and 24 HMA.
I have fought back, however the court disregarding my career and accomplishments, ordered 8,000/- per month to my wife in one of the maintenance cases.
I have also shifted to Bangalore whereas the cases are running in Delhi as the wife is staying with her father who is a bureaucrat in Delhi.
My lawyer has fought the case well till now. However, he wants me to come there on every hearing, which is becoming difficult because of financial and work reasons.
I don't want to pay even a single penny to the wife. My lawyer is also very supportive of my sentiments and has filed the revision in session court. But the Hon'ble Court has asked me to deposit the arrears in the court.
My only worry is that if I were to deposit the same in court, it would anyways go to her sooner or later.
Shall I continue with the revision or withdraw it?
Also, as the Challan is filed in court, shall I file for quash now? No other ground but mala-fide.
Also, one more thing, I have a doubt that my wife is working somewhere, how to prove it?
I would be grateful for your help.
Gopal
NILESH
11 May 2012 at 10:58
Dear Sir / Madam,
Myself, a Maharashtrian boy got married in dec 2007 as per the Hindu Marriage Act.
now we have 1 daughter aged 3 years, we live in joint family ( with my parents ) in Mumbai – Thane.
but its been 4 years for my marriage, but we could not enjoy even a singly day of happiness. My wife had ruined our life. Myself, my father & my mother are suffering the pain every day & just waiting to either somehow get rid of it or die all together. It has been tremendous amount of mental torcher. Because of this my mother got sick, I got sick, my father had got paralysis attach recently & is due for angiography. We are dying day by day.
This is because my wife fights with me every day. she never respect me, my parents, my relatives, always insults them, very short tempered, extremely arrogent, egoestice, ghamandi girl. she did not marry me willingly. Actually she wanted to marry one person ( I dont know who was ), they fricked out together, spend lot of good time with each other. She proposed to him but he refused to marry her. As a result, my wife agreed to marry me just for the sake of marrying with somebody.
basically, she is from rich family where she always lived in comfort zone, happy life, big bunglow, cars, all sofistications in life. Whereas, i came up from a very poor family, i do not have even a bicycle. but with my education, hardwork & dedication i progressed & still progressing.
Previously we used to live in a small house in thane with a ICICI Bank home loan of 4 lacs. Since my wife was used to live in big house like at her mothers, she forced me to buy another house which was beyond my financial capacity. She made my life miserable till I bought this new house with another loan of 25 lacs. I was not in a position to bear this, at the same time lost my job, all worst things happened till I got another job. Inspite of this there is no peace of mind in our life.
I have been very honest with my wife & I had always been like that. I have never indulged myself in physical or any other relationship with anybody except my wife. In spite of knowing this, my wife torchers me every day, does not allow me have physical relationship for 3-4 months at stretch. What to do god!!!!!!!! as a result I get frustrated….naturally…but then she takes doubts about my honesty & insults in front of others.
my wife does not want to shoulder any responsibility, she do not even take good care of our daughter, always sleeping, always dausy, very dirty, in short she messed up my life. She is very selfish, cunning, cruel minded, extremely lazy, asks me to do all her work. More to this, her mother motivates her & all her parents & relates encourage her to such things.
Now my wife alongwith her mother have started some more mental torcher by forcefully coming & staying in my house & asking me to get out of my own house. My wife is saying she does not bother even if I die…. She did not cared right from day 1.
we all are now fed up of all this & want to get rid of it.
i want either judicial separation / divorce from my wife & also want to have the custody of my daughter who is 3 years old.
Please advise me on the following grounds:-
1 what is the best way for us to get rid of my wife?
2 what I need to do to get the permanent custody of my daughter?
3 I do not want to pay a single penny to my wife as alimony. Is it possible?
( this is because, in spite of being working & drawing a handsome salary, my wife did not contribute at all to our house for expenses & upbringing, medical treatment of my daughter).
4 I want to teach her & her in laws a real lesson for ruining our life &
making our every day like hell.
Please advise me what to do? Specifically on the above 4 points.
Please advise me step by step procedure to be followed.
Thanks & Regards
Nilesh Dalvi
Thanks & Regards
Nilesh Dalvi
9833085190
kiran
11 May 2012 at 10:54
Sir,
Ours is an inter-religion marriage under Special Marriage Act. Both are following our own religion. We both wish to give 'freedom of religion' to our kid i.e., when he becomes major, let him choose/opt any religion according to his wisdom.
But, the school authorities are insisting us to mention religion.
Now, my queries are:
(i) "Whether can I declare my kid's religion as 'INDIAN' or 'Non-Religious' [General category]?
(ii) Are there any supreme court decisions/case laws in support of our wish?
(iii) If they insist, is it necessary that the father's religion has to be mentioned for the kid?
(iv) Are there any statutes to exclude mentioning of Religion in school admissions?
rajiv_lodha
11 May 2012 at 09:10
A contested divorce on cruelty ground is running against wife for past 2 years. Its still on ‘petitioner’s evidence’ stage. Meanwhile Sec24 application is not PUSHED by the opposition (wife in govt job, earning 45k).
* Not-Pushing of sec24 by girl side for such a long time may weaken her claim?
* Is it wise for husband to bring forth the issue OR allow it to die its slow death
* One nice day, if girl revives her sec24 application down the lane, does the husband have to pay the pending maint. too, from the date she applied sec24?
* Suggest the best way out
rajiv_lodha
11 May 2012 at 09:06
Husband fears that some private complaint is running U/S 156 (3) in CJM court against him by his wife as she failed to register FIR (498a+406) at CAW cell despite of her full efforts. Is there any way to know the truth about such PCR through RTI to the court. Wife’s city is 200km away from husband’s.
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Case Cycle - Suits
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5) Hearing on Exh 5 (T.I.Application)
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