Prabhat
30 March 2012 at 09:34
I was married 1.3 yrs back and separated 9 months back. When she was with me she was deserted me by refusing sexual relations and her behavior was unpredictable (many times she used to spoke herself without any ones presence). We were so afraid on her behavior and when informed her father then they were shouted on us that nobody is perfect. And never torture my daughter else I will file cases against you.
I thought time with rectify her. In actual it she was not. So 9 months back my FIL & BIL had taken her along with all gold and all stuff. Threatened a lot to me and my father/mother.
Actually she was not in interest to come to me. And after all these consequences, me too not wish her in my life. However 3 months back she (under her parent’s pressure) file a complaint against me at Private social consular’s. But there she refused to come to my home on my conditions. By looking her& her father’s aggressive behavior, Consular’s also not forced me to take her back in your home. As if she can do anything wrong in my home. I have to pay a lot than now when she is not in my home right now.
We both are BE engg. I’m working in MNC comp(earning 30 K). & as per information she is also doing job in small company (earning 10K).
Up till now no police cases they have filed. But many times they have threatened me a lot. But now they might file RCR against me to take my daughter at your home.
My question are:-
I ask my lawyer whether should I file any notice or conditional RCR to her. Or file Divorce.
But he denied by saying wait & watch what steps they r suppose to take.
I hv waited 2 months and two days back I asked him where I should file ATLIST any NC (Non cognizable ) at local police station that she has been left my home with all GOLD since last 9 months. And not threthening me for false cases. I will not include her address in NC. So they will not never know abt NC. But I will get some proof abt when her left with GOLD
But still my Lawyer not agreed on that for NC. He even not ready for AB. And assured me that now no cases on you ur Bail will be rejected. Once cases are filed I will safely brings you out of all these.
Many time when I discussed with him about laws (I ‘m reading marriages& divorce laws now a days) then he was suggested me that do not take half-knowledge by reading 2-3 books. I ‘m here to help you. Not to worry.
I can’t predict what in his mind. Please let me know whether He is cheating with me ?
Should I wait for my in laws initiative action (as per my lawyer). Or file cases on her ?
My current Flat is on me and my father’s name. I wish to transfer is to my father’s name But I have SBI loan on it so can no t do that. So What Can I do to prevent her to acquire my flat share in future?
Can she claim on my flat? As it’s not only own by me. MY mother is co-applicant in that.
If yes , What provision should I do ? (I can sell my flat). As its only home in my hand
1. Should I Gift my flat to my mother
2. Should I transfer it to my mother and include my sister in property as well
3. Should I devote my flat stated by bond paper
Lawyer told me to transfer it flat to ur sisters name or sale it.
Member (Account Deleted)
30 March 2012 at 09:27
if a women already get maintance under section 125 then section 12 can proceed or not
vandana
30 March 2012 at 02:44
My husband has been working abroad for last 8 years i.e 2005. in afghanistan, My father in law had his own house in delhi and retired from central government 1991, he had been drawing a pension of 27000 rupees and was quite well off. Now inspite of being well off he had been asking money from my husband and my husband had been sening money to him for last 8 years which averages to about 25000 per month and when ever he used to come lot of gifts and cash were also given to them My in laws had always assured me and my husband that they were also saving the money and whenever we require we can take it back from them. the money was remitted into my father in laws account I never had any objection to that inspite to the fact that my inlaws had really harrassed me alot I thought my husband being the only son and youngest of the four siblings, my inlaws will do everything best for him and his children and obviously will save money for him only. I gave cash to my mother in law to buy gold coins and keep in her locker as all my gold jewellery had been in her locker for last 20 years. Meaning I had no suspicion on that. so my questioning or suspecting them never came in my mind. My husband has been a very very good son and i also have been cooperative with him in doing his duties towards his parents.
Now, my father in law fell sick from may onwards, he had parkinson and dementia, we looked after him very well. But really after his death my mother in law who came under the influence of my sister in laws has really changed. I saw the bank balances of my father in law and i was shocked that they had literally no money and after seeing the statements I was shocked that all the money has been used up mostly by my sister in law for paying the school fees of her children and drawing cash and my father in law apparently had taken lot of loans for her and paid that up from the money my husband used to send from abroad, which we thought the parents were using for their needs and to save for us. My sister in laws husband had expired last year only and she has a very good job and she has been using this money for last 8 years. then without telling us she has shifted into my mother in laws house when my husband left abroad after doing last rites of his father.
I have come to know she has forged my husband signature to claim insurance money of my father in laws car which was banged by her son.
My husbands stuff, my gold, cash and lot of things were in that house as my husband used to spend equal time with his parents and me as we live very close to each other. We are still residents of that house as our voter id cards and passports are of their address only. Now my sister in law and mother in law are refusing to give my gold and cash lying in her locker, not letting me enter that house, plus they are refusing to give me back all the stuff that my husband left in their house before he left the country. MY HUSBAND IS TELLING ME TO FORGET EVERYTHING, but i cant digest what has happened and i am not ready to part with my things..
MY QUESTION IS CAN MY HUSBAND claim back the amount he had sent to his father which was used by my sister in law who is earning well..that all is in the bank statements.
He has been maintaining his parents inspite the fact they were very well off, what are his rights on property..
I want my stuff back meaning my streedhan, as they are refusing can i claim it back. I really have few bills as most of them were gifted items i got on marriage and after marriage from both the sides plus what i used to buy for which i have bills and put it in her locker as i never suspected all this to happen, i had been paying their bills and everything seemed to be ok..but only since last week since the time my sister in law has shifted has all these things happened...i really did not mind my sister in law shifting as i thought would be better for her as she is alone and daughter is a daughter and even my husband can also work in peace without worrying about his mother..
I have paid fees and really given lot of cash to my sister in law, and some of them is recorded in my statements, when she was using our money only through her father which i was not aware of.
What can i do that my sister in law has forged my husbands signature on the NOC affidavit given to the insurance company to claim insurance of my father in laws car. my husband does not want to take any action
kindly guide me about my and my husbands rights as we have really looked after them very well and at this moment i really feel cheated and hurt.
My father in law has left a registered will in which he has given everything to his wife and if his wife dies without making a will everything will come to my husband My sister in law is trying to influence my mother in law and has shifted in her house, and I am sure she will influence and get the house in her name because i was shocked when my mother in law id not open the door for me and told me that she does not want to keep any relations with my husband and us.. which really i am not bothered about at all, as I have enuf, I really want what is mine back....
do let me knwo your views on this
Adv.R.P.Chugh
29 March 2012 at 20:05
Dear Seniors,
In a divorce case which I am contesting on behalf of the husband, the husband is a soldier in the army posted in bikaner, while the case was filed at Family Court, Dwarka Delhi.
The matter is coming up for WS by respondent, I just wanted to know whether petitioner's presence is imperative ? since it's a family court ? Is the counsel's presence enough ? or we need his authorised attorney to answer questions of fact perhaps? any permission from commanding officer required ?
rsraghukumar
29 March 2012 at 19:34
sir recently my marriage is declared as null and void on the grounds that the girl was already married which is still in subsistence. after coming to know i filed OP to declare my marriage as Null and Void. Prior to my filling of OP case first husband filed OS to declare my marriage as null and void. That OS also favoured the first husband. In the mean while that girl fild 498a and dvc against me and my parents. we approached Hon'ble High Court. It was quashed on the grounds that her earlier marriage is still in subsistece and for counter blast the girl filed criminal cases u/ss 498 and dvc.
Sir recently i came to know that when two judgments are concurrent judgments, the next court will also follow the same principle itseems. is it correct sir?
I mean to ask sir OS and OP are allowed and at the same time High Court Quashed my criminal complaints comes under Concurrent Judgments are not?
Now that girl went for an appeal in OP and OS. Can i use any Supreme Court's or High Court's judgments on Concurrent judgments. any judgments i can secure sir regarding concurrent judgments?
kalpit
29 March 2012 at 17:41
We are two brothers and one sister all married and my parents. All now staying separately, though my parents have given my elder brother all the legacy and not given a single rupee to me and i am living in a rented place whereas they both are staying in a lavish properties, besides my brother is given a huge fortune by my parents and i am left out with nothing. there is no particular reason justifying their act and its just because of family politics. how can i claim my rights on the family wealth? ours is a hindu family so can i file a suit under joint hindu family property for the real estate and capital in business? can i file against my parents for the property they are living in so that me and my wife can share the apartment with help of my wife's matrimonial rights on property to live there? The property is owned by my parents and 10% of it was owned by my late grandfather. i am homeless at present. How can i legally fight against my brother who has taken away all the capital and family wealth? Pls Help...
Pitchai
29 March 2012 at 16:57
My Christian son got married with a Hindu girl in October 2009 and got seperated in March 2010. She applied for divorce from Chennai without his knowledge as he is working abroad. We do not know from which court she got divorce. Now i need the copy of this divorce. How to get it?
Parveen Jain
29 March 2012 at 15:31
Meri Patni Jo Hamre hi Ghar Me rehkar hame bahut Pareshan Kar Rahi Hai,Uska Bhai bhi Use le jane ke liye taiyar nahi hai veh ghar me meri vridh ma ke sath bhi battamiji karti hai jisse meri ek beti hai uska jeevan bhi bahut preshan ho gaya hai shadi 27-june 2004 ko hui thi kripya bataye hum kya kare jo kanuni roop se use uske mayke balo ko saupa ja sake,Kya Hindu marriage act ke antragat judicial sepration ya Diworce ka Case Dalna Sahi rahega
Aditya
29 March 2012 at 13:58
Hello Everybody,
My wife has filed a case against me under crpc125 with the family court, accusing me of beating for dowry, and she is now asking for money.
The court hearing is on 4th May in another city. Till now she has not filed any FIR for the same.
Since the case is with the court, can she still file an FIR against me under 498A and get me arrested on the day of court hearing, when I'm there?
If so, isn't this planned cunningness? Why should a FIR be allowed when the exact case is already registered with the court? The police is to aid the court. And FIR means "First" Information Report. What's "first" when court already is in charge of the case.
If we show the police a registered copy of the case, then is it possible that the police will not arrest me, since this should now be in court's hands?
If such a FIR can still be filed, is it not a grave misuse of the law? And can I not file a case against my wife for misusing the law in such a planned way?
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Mutual consent divorce-final settlement
GOOD MORNING,
I AM MALE WORKING IN A GULF COUNTRY, AND HOPING TO FILE A MUTUAL CONSENT DIVORCE IN JULY-2012.1)PLEASE LET ME KNOW ABOUT MODE OF FINAL SETTLEMENT PAYMENT IN INSTALLMENTS
WE DON'T HAVE CHILDREN, MY WIFE IS MORE QUALIFIED THAN ME, NOT WORKING PRESENTLY.
I HAVE CONTRACT JOBS ONLY THAT LAST FOR 1 OR 2 YEARS ONLY AND I COMEBACK TO BHARAT TO SPEND 1 OR 2 YEARS UNDER SUCH CIRCUMSTANCES 2)HOW CAN I AVOID MONTHLY MAINTENANCE PAYMENTS?
BECAUSE THIS IS GOING TO BE A MUTUAL CONSENT DIVORCE, CAN SETTLEMENT BE LUMP-SUM AND NOT MONTHLY OR BOTH PLEASE CLARIFY.
REGARDS