VARUN MAHAJAN
13 April 2012 at 20:54
can any one cite a case law where a person has claimed illegitimate relationship of his own as a ground of divorce
Law Querier
13 April 2012 at 18:17
wife has filed Divorce petition under sec. 13(1)(ia)in Family court. Two dates of court has passed already.Respondent was present before court on both of two dates without arranging his lawyer.During first and second date of court, Respondent(Husband)urge to Judge to give permission for next date as he has to arrange Lawyer to defense his case.Judge has given permission for next(third) date by telling respondent that arrange a lawyer for the case and this is his last chance for date.If he would not arrange lawyer till next date, he/she will give order for ex-parte divorce.now, Respondent has arranged Lawyer already.suppose, respondent's lawyer may absent on next(third) date in court because of some reasons and Respondent alone will be present on next date before court then the judge can order for ex-parte divorce?
Mark
13 April 2012 at 17:46
Married under Christain marriage act less than Year. Am looking for a divorce as my wife and inlaws are troubling me.
Please help me how I approach for divorce they are demanding 10lac rupees, my flat, gold, my car. there is no to help. Reported the matter to police but they say go to court.
My wife is educated and working. Is she liable for any maintainance
Thanks.
needhelp
13 April 2012 at 17:33
Hello sir/madam,
I got married in the month of June – 2011. After marriage I was staying in my wife’s house(for period of 2 months) as I had just got the transfer from other different location to Bangalore. During that period, after the marriage I could daily see abnormal behavior of my wife.(i.e Abuse me for no reason, Using foul language to scold me, intense anger for no reason and also anger out of control, whenever I went to meet my friends she was suspecting that I am going out to meet someone. Also I could observe her talking to self and gesturing to self when she was alone.
Since there were more fights with her mother everyday in her home, I thought that shifting to separate house could change her. So after 2 months, we shifted to new house for rent. On the day we entered the new house she stared fighting with my family members for silly reason. Started scolding me with vulgar words. Seeing all this behavior we came to know that she has some mental problems and in just two days we vacated the house and informed her parents that she has some problem and advised them to consult doctor. They accepted immediately and they took her to doctor. She was diagnosed with Border line personality disorder. Even during her treatment she had fought with her parents and had ran out of house in the night to give complaint against them. She has been taking treatment from 6 months and I am hardly finding any changes in her. Also in the medical report they have told doctor that she has this problem from 5 years. Also doctor who is treating her gives no guarantee of complete cure.
Below are the points which I need to highlight.
1. From the day1 after marriage, my marriage has not been consummated as she was facing fear in consummating.
2. It was told by her parents that she has completed her BE which she had not completed and she had 1 subject pending during the time marriage.
3. From the time of marriage she had just came to my home once in the beginning of our marriage (just after 15 days of marriage) and had stayed just for 2 days.
4. She is not able to perform her matrimonial duties.
5. She is diagnosed with Border line personality disorder which doctors give no guarantee of its curable.
6. Also from our side we have given 11 lakhs for the government plot which she had applied on her name.
7. Currently from past 2 months I am staying separate as I could not see any improvements in her.
Based on the above points mentioned can you please suggest me what is the best way to come out of this?
1. Mutual Divorce – If she agrees for this then I feel this is the best solution.
2. Annulment of Marriage – Based on the above points does this qualify for Annulment of marriage? If we need to claim for annulment of marriage, what could be considered as the strong evidence to prove marriage as Void?
3. Divorce under mental harassment – Is getting divorce under mental harassment easy or fighting for annulment of marriage easy.
Please suggest me to come out of this hell. Past 9 months has ruined my life completely and I don’t want to get ruined more.
Also please suggest me to find some good lawyers in Bangalore who are more experienced in this type of cases.
Seshagiri
13 April 2012 at 16:21
Dear experts,
If the husband is continuously absent for more than 4 dates, can the wife press for an ex parte order for divorce in the family court?Both parties are not interested in preserving the marriage, but the husband wants to delay and harass the wife and her parents by delaying the proceedings.What options are available for the enstranged wife to bring the husband to books and get the divorce quickly? Any precedents or case laws?
Kindly enlighten.
irfan
13 April 2012 at 14:42
hi all,
my query is that can main maintenance be less than interim one..
sensitiveman
13 April 2012 at 11:00
Dear experts,
I got married 4 years ago. We also have a 2 yr old male kid from this wedlock.
My wife deserted me around 8 months back without any reasonable cause. The main cause behind this desertion is her stubborn nature supported by her parents. Due to her nature, she was not able to adjust in matrimonial home since beginning of the marriage may be because we are from simple family background with lower income and traditional values and she was from an upper class category . Due to this, she never accepted our culture and always continued to live as she wanted. She always pressurised me to go to hotels, movies,etc every weekend which was not possible as I was unemployed initially. Later on once I got employed, I used to take her out once in a month as I was the eldest in family so I also need to contribute money towards other members of the family. She never respected my parents and sister.
Around 8 months back, we had a big fight which went to the extent of physical nature. She attacked me and in defense even I attacked.
Later on, I realised that whatever happened was not right.I felt that I should compromise just for the sake of small kid so that he should get love and affection from both of us and hoped that even we would improve our relations. I tried to get in touch with her through mails, calls, SMS, relatives, etc. but they are not responding and keeping quiet. At the same time, they had also defamed me and my family in the community.
Inspite of all these, I am flexible and open either in continuing the relationship or for separation but for this how can i get to know her intentions?. If she doesnt communicate her intentions then for what time I should wait to apply for divorce on the basis of desertion. Also, i need guidance for child access and future course of action.
Thanks in advance.
MANOJ NAYYAR
13 April 2012 at 02:15
A is senior citizen male, formed a HUF in 2009-2010 with his son B as a coparcener. Other members are A's wife, B's wife and minor son & daughter of B. A has 2 daughters married before 1990 and one of them died in 1995. The HUF has been constituted or came in force in state of Punjab in 2011. There are tax savings deposits in the HUF as assets with a tenure of 5 - 10 years. My questions are :
1) Does son & daughter of B ( who are minor ) are coparcener in the HUF or are they members ?
2) Do the two daughters of A also become coparceners in the HUF constituted in 2009-2010 though they were married much before 1990 ? Question is in view of successions acts amendments of 1994 & 2005.
3) Since A is very old ( abt 80 ), in the unfortunate event of anything happening to A, what will be required for B to take over as karta of this HUF ? A simple declaration by B's mother and B will suffice or signatures of live sister mandatory ? What about the deceased sister ?
Thanks in advnace.
jagdish arora
12 April 2012 at 19:25
Please confirm me what is the right of daughter in law in the property of grand father in law and when grand father in law is not alive and father in law is alive and divorce case is final in favour of husband on exparty basis.
please confirm me above if any related cases or order passed kindly confirm me above.
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Settlement after long fight.
my 498a dvc and cheating cases have been going on from past 4 yrs in session court..Judge asked both the parties to settle the case infront of court lawyers in lok adalat.After lot of negotiations both parties came to one figure..My Questions are?
1.Money should be given before/after the cases are withdraw? or total amount should be given after divorce taken by mutual concern?
2.In lokadalt after settlement from both ends is divorce is mandatory to taken in family court or it can be taken at lokadalat?
3. What should be the matter in MOI?
ANY OTHER THINGS I NEED TO CONSIDER
PLS HELP...