Law Querier
23 April 2012 at 15:50
An independent and earning Wife is residing in Canada since 8 years. She has working visa and Indian citizenship. She came to India to marry and She was living just 25 days with her husband in India and went back to Canada. After a year of marriage, she has filed a divorce case u/s. 13(1)(ia) in family court of India by POA to her father. A divorce case is contested by Husband. He doesn’t want to divorce. Husband has normal job in private company.
Can wife from Canada demand for alimony pendente lite or interim maintenance? If she can then how will court calculate the amount for alimony or maintenance for this case?
How RCR will be favorable for husband in this case?
jasvinder
23 April 2012 at 12:16
sir my brother married in year 2007 and in 2009 after family partition took his money and invested in his inlaw business.they had 4 yr boy.on 2011 my brother came back to his hometown with his inlaws permission but now they r neither sending girl nor returning money and nor allowwing to meet his son.now in 2012 she filed case of divorce on desertion ground saying that boy had left in oct 2009.we had filed section 9 case in year 2011 to call girl before there case.we had enough proof both document and video that girl and my brother was together till april 2011.sir can we write to dgp and ssp with proof that girl had filed false case as they r threating us with dowry case.can we approach first to womaen cell and can boy cant file 498 against girl.sir advice how to proceed.we also want to take custodody of child on ground that girl father have no son and he want to adopt my brother son and we cant leave to stay our son with such person who r fraud as they filed false case.will our section 9 case help us as they filed divorce case in our counter case.please advice.case is of up
jasmine sk
23 April 2012 at 10:29
hi sir,
i got married on july 2011. and my husband now saying that he is not willing to have a family life. he dont want to have a sexual relation, kids, he does not like my presence even. so my family filed a case for annulment since he did fraud to us that he didnt tell he is not able to go with a married life earlier before marriage. now the hearing is fixed for the case. he told us that he wont be present in the court on that day. so our advocate told he will become an Ex party.
now my question is what is the legal procedure if he is not present in the court on the day of hearing? do i have a medical test? how long it will take to close the case?
could you please help me with your thoughts
rsraghukumar
23 April 2012 at 09:03
sir i filed OP to declare my marriage as null and void.
to prove my case i called first husband as witness. he came and adduced his evidence as PW-2.
First husband also filed Suit prior to my filing of OP. to prove his case, first husband called his mother as witness. his mother came and adduced her evidence as PW-2 and stated that the defendant is her daughter in law and stayed my house.
sir the thing is first marriage is love marriage. in that love marriage only few members attended the marriage, which can be seen by group photo along with negative filed by the first husband.
as the persons who attended first marriage are scarttered because of employment, mother of first husband who did not attended the marriage came and adduced her evidence.
sir, first thing is his mother not attended first marriage, but came and given her evidence by stating that the defendant stayed in her house as daughter in law.
Mother's witness is valid or not sir.
SATYANARAYAN PATEL
22 April 2012 at 23:38
sir, my sister is married since 1999 under Hindu marriage system. In 2000 they were blessed with a son. Now he is at class-vii.My sister is in a Govt. job and her husband is a primary teacher. My sister's husband is creating mental cruelty upon her. She has been tortured both physically and mentally by means of commissioning different unfair and unlawful actions like beating publicly, non cooperating and disturbing in office work, not respecting elders, spending all money arbitrarily, not taking liability of family, defaming me etc. Due to an unfair incident of family violence on 3/3/2012 we have accommodated her in a separate premises in the same town. Her husband has withdrawn himself and applied to the family court for restitution of conjugal rights. But at the same time he has alleged upon my sister saying 'moving with others in ulterior manner', 'living adulterous life' etc. which is purely false and fabricated. Also he has committed to call back her at any cost and then cause a death to her in return.
He is not well behaved neither with her nor with her relatives and paternal family circle. He along with his father are very often adamant and egocentric in nature. they do not want to widen the relationship and friendships. where my sister is just the opposite. she is mixing and friendly at a wider. What should she do now.
Can she opt for a judicial separation or cohabit with him? How can she lead a peaceful conjugal life lawfully and secure.
S P Goel
22 April 2012 at 20:59
Respected sir,
I, S P Goel, 57 years, not earning and working from last 3.5 years, wish to file petition against my son 31 who is earning Rs 2 lacs p m, not married, living with his mother, who lodged a Domestic Violence case on me and is going to claim Interim Maintenance from me thru court. Younger son 26 is student.
Sir, I request , pls give your opinion that if court order my son to give me maintenance , then after my death, my property will go him only or my wife or my son or as per my registered will.House is in my name, they all 3 are living separately sir
Pls help me sir
Thanks and best regards
S P Goel
Delhi 9810101999
spgoel118@yahoo.com
rsraghukumar
22 April 2012 at 20:52
sir as you all said that even one day when a man and wife lived to gether it comes under cohabitation, then i got a doubt where i saw in one of the SC judgments it is written as follows sir:
"where the partners lived together for long spell as husband and wife there would be presumption in favour of wedlock
. The presumption was rebuttable, but a heavy burden lies on the person who seeks to deprive the relationship of legal origin to prove that no marriage took place".
Sir from the above lines it is stated by SC that Long Spell. Then SC is saying that if man and wife is living together for long spell then only presumption arises that marriage has taken place.
in my case the girl stayed with first husband nearly 3 months. then above SC judgment is suitable for me. can i file in my present case.
Sir moreover the girl is also denying the first marriage in the court. she has also avoided to enter into witness box. but she is denying inthe counter filed by her.
will the above said SC judgment is suitable for me to prove my case?
Deepika Rana
22 April 2012 at 18:42
Dear All,
If I want to get divorce through mutual concern, please let me know the procedure for the same.
1.Do i need to file the petition in the court for the same?
2. Do i need to hire a lawyer?
3. How much time will this take?
Thanks
paresh zatakia
22 April 2012 at 17:59
Mrs.A ,has two flats (one self acquired & one inherited from her mother in law).she has 3 sons &1 daughter.she wants to transfer(before her death) both the flats to the youngest son to which other sons & daughter have no objection.
1)whether it will be gift deed or any other deed?
2)can society refuse to transfer,despite proper stamp duty payments etc?
3)suppose other sons & daughter object, can they object?
Regards
c.a.paresh zatakia
9833855518
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Can wife used her father's name after marriage
Dear Experts,
In divorce petition,wife shows her full name with father's name and not with her husband.Example-suppose Sushila's father name is Kantilal patel and Husband's name is Vishal patel. Can she mention her name in petition as Sushila kantilal patel? Is it valid? What should husband do?
Can wife use her father's name behalf of her husband's name after marrigae?