Ashwani
20 April 2012 at 16:00
Hi,
My brothers married life is only 2 months old the attitude of his wife is not well with him and my family. My brother as well as family trying to make her calm & cooperate but her attitude is just like she is the boss of house & family even her parents supporting him in her activities. She told to my brother that he is weak to give her pleasure & her parents supporting her even in this condition also. According to my brother he well regarding this he also done his medical tests which shown he is normal. His wife and parents threatning us that they murdered my brother and family even girl also threatning to my brother and told him that she never give divorce and her family also not interested in divorce. Her father told that the life of their daughter gone so that we also have to suffer.
So kindly advise how to handle this situation as we are in great tension.
ANIL
20 April 2012 at 15:16
In a petition filed under Hindu Marriage act can a counter claim be filed for maintenance under Hindu Adoption and maintenance act?
Arvind Singh Chauhan
20 April 2012 at 14:25
Sir,
One of my client belongs to Schedule tribes. He and his wife requires divorce and one time settlement. This time wife and minor child is getting Rs 2000/- pm as maintenance under 125 Cr.P.C. Now wife is agreed to receive Rs 5 lac as full and final settlement.
Now both wants divorce.
My problem is -
1. whether I must file petition under Hindu Marriage Act on ground of mutual consent ? another thing is that under Sec 2 Of HM Act tribes are excluded from HM Act.?
2. Or I must file a civil declaratory suit for annulment of marriage under CPC.
3. Or They should follow their custom. In their custom, before the Panchayat, after some religious activities one green thread is broken for divorce. It is well known fact that customs prevails over law. But I want to safeguard my client from every angle as he has to pay huge amount ?.
3. In future can wife claim maintenance for child if she receives life time maintenance for her child also ?
4. Even after divorce, Order of 125 stands at the same footing, as wife is entitled even after divorce or till remarriage. Whether this order can be cancelled or altered under 127 Cr.P.C. after full and final payment ?
Please Sir, keeping in mind the precedents if any, suggest the safe and proper way for husband.
SURENDER
20 April 2012 at 12:58
I got married in 2001 n having daughter aged 8 yrs. Unfortunately, I lost my wife due to kidney failure in 2006. After disclosing above fact second marriage was solemnized in 2008 in very simple manner at Hindu Mahasabha Bhawan, New Delhi without any kind of dowry articles, even marriage exp. were borne myself. After passing 3 months cruelty towards my daughter was noticed. All out efforts resulted no change. Meanwhile, second wife's friend who is wrkg in some NGO supported her to file false complaints against me. One day when I was in my office she left the office after filing a complaint at local PS containing allegations :concealment of previous marriage n child, dowry demand, beating & harassment etc. Next day when she reached her parental home, filed complaint at Women Commission, Dehradun. Her sister also filed a complaint against me alleging the same offences. After attending the counselling at WC I came to know that she done marriage n these acts just to collect money n prop. Keeping in view of her bad intention I filed divorce petition at Delhi. In response to above she filed petition u/s 125 CrPC at Dehradun. Later on, she filed tfr petition in Supreme Court seeking tfr of Divorce case from Delhi to Dehradun on the basis of same allegations. Case was represented n appropriate evidence were filed by me in SC and her petition got dismissed. Further, she filed petition for interim maintenance at Dehradun Court n also application u/s 24 of HMA at Delhi. Without considering the facts & evidences the Family Court, Dehradun passed an order directing to pay Rs.5000/- p.m. as interim maint. to her. I came to know that it happened just on the basis of tears shown in court. It is surprising to see that I have not done anything wrong, however, I am being considered an ATM machine. It is requested to kindly guide me what wd b the way to teach lesson to persons like my wife n her friend, who r humaliating, harassing me by misusing the laws made for welfare of womens? What r the legal options available for me?
binod chouwdary
20 April 2012 at 10:04
wife obtained an exparte divorce from USA althoug citizen of India.Having two children one is already married other an adult.
In that situation what does the indian law provide with matters pertaining to immovable and movable properties purchased while the marriage was intact and going good.
please experts provide all the details including any book/books to refer to.
Really appreciate the great advise and knowledge you provide to the public who are suffering because of lack of clarity.
samreen khan
20 April 2012 at 00:32
my mother's aunt made a will in which she gave her flat to my mother and my mom's brother to be divided equally. but later on she give nominations to the society in which 4 people were nominated including my mother and her brother..she expired 2 months back.. i just wanted to ask whether the WILL made by her will have any effect or the nominations will be considered..
VARUN MAHAJAN
19 April 2012 at 22:12
If a girl and boy marry each other in the court willfully.
can it effect the boy, if after the marriage the girl back-out from supporting the boy.
shahid hussain
19 April 2012 at 11:49
The main o.p is for children custody.In That can a respondent mother who is currently having the custody of the children file a petition for a child school fees as an I.A.
The maintenance case is pending in Hon'ble High court.The petitioner is paying very less amount as maintenance as per Hon'ble High court interim directions.
My question is can she file an I.A for school fees in Child Custody Main O.P. or she has to file a separate petition/case.
If she can then under what act/section.
Kindly answer.
Thanks.
ASMA SAVANUR
19 April 2012 at 09:54
1. Tallaq is the prerogative of Muslim husbands to divorce their wives with whom they are fed up while Khula is the prerogative of Muslim wives who are frustrated with their unscrupulous, elfish, exploitative and nonsupportive husbands with but one difference that while wife's consent is not required for Tallaq husband's consent is needed for Khula.
2. When a frustrated womam seeks Khula, it is imperative for the husband to give his conseromised?given to the nt by imperative is meant obligatory or without any excuse or undue delay.
3. However the husband may, but not necessarily, demand a consideration in cash or property not exceeding the Dover or property he had given to the wife.
Please clarify if these statements are correct and binding on the husband. Please also clarify if the wife can get Khula through court of law even if the husband refuses to give consent for Khula.
Asma Savanur, a victim
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