HARINDER VERMA
12 March 2012 at 17:17
Dear sir
we made marriage without consent and knowledge of our parents. we registered it with registerear . At the time of we both mutually agree that we will take the consent of our parents. we make now physical relations and I never live for a single day at home of my husband. now my i want to disolve this marriage but he denies. Is it possible. My parent are agree but as i seen i do not want to continue my marriage . pls advise me can i disolve it without his consent and how much time it take. thnaks
K.K.Ganguly
12 March 2012 at 16:52
Would the Ld. Experts kindly opine.
1) One Bengali girl born & brought up in USA, having USA citizenship has married a Bengali boy from Kolkata. It was an arranged marriage. The boy could go to USA & get green card because of the sponsorship extended by the girl. The girl, though an American by birth, is by nature very Indian & has been brought up with Indian values. They have a daughter of 4 months now. All stay in USA.
2) The boy turned out to be an opportunist who used this marriage for getting green card. He started torturing the girl severely which is unthinkable in American system & life. The boy is so crafty that every time he tortured the girl, he himself called police & when police came forced his wife to say that her husband did not do any thing wrong or cognizable. This part may sound strange but is a fact.
3) The boy has now sent a lawyer’s notice for Divorce to the girl & told the girl verbally that if she gives in writing that she has been committing disturbances/discords in the family, then he may withdraw the Divorce Notice.
4) The girl neither wants to be tortured nor get Divorced.
My question is
a) Can any case be filed against the boy at Kolkata since the marriage was solemnized at Kolkata?
b) What should be done at USA?
c) What are her remedies?
upasna
12 March 2012 at 15:09
Dear experts,
Greetings for the day,
We need some judgments of the honourable supreme court where maintenace has been denied to wife in case she has violated the visitation rights of husband by insulting him and throwing him out of her residence when he comes to meet the child.
thanking you in anticipation.
ratan
12 March 2012 at 11:25
My wife left my home since last 12 month. She not wish to come back to my home but my in laws forced her to come to my home. Me and my parents also not wish to keep this relationship and don’t want her back. Social consular also recommended that couple can’t stay together. But in laws don’t agreed. I have asked consular about the report that she don’t want to come to my home and in laws forced her for the same. They said that they will not provide me the report but if on court order they will be present Report in court only.
She has just file Maintenance case 125 against me. I fainted if she is earning 12000 k (half of my salary 25000 K).
From 25000 K I’m paying 15000 for loans and rest 10000 for other expenses like my parents medicines and sisters education/ Building maintenance of 1000/ My un avoidable Mutual funds premium of 2000 per month. I hardly can save 1000 every month. How should I pay her for maintenance?
Beside this she is staying in her parent’s home and no expenses. His father has 2 flats in same city on rent. Her three brothers have their own flats.
Now they are going to file case police cases against me. Should I file NC (Non Cognizable) to local police about their threatening?
How should she claim for maintenance?
Will it be helpful for me in further police cases?
They wish to harassed me mentally & financially only.
I have not asked divorce yet but I wish to But my legal advisor suggest me to wait for their notic ? Should I trust on him and wait or file Divorce case?
Gagan Souri
12 March 2012 at 09:20
Dear Ld Members,
I am party to the case herein (Husband) and attending party-in-person.
I filed RCR in first week of Oct’ 2010 in actual place of jurisdiction (where everything took place).
Consequently wife got ex parte divorce on her favour in 2nd week of Oct’ 2010 @ her jurisdiction after filing of RCR.
RCR date given for first hearing (First Week of Nov ‘ 2011). Summons reached to wife after first hearing of my RCR petition.
Wife was not present and did not contest for next two hearings of my RCR. The matter was posted for fourth hearing (Second week of December ‘ 2010) and was set for ex parte as respondent called absent.
The matter posted for petitioner’s evidence on the fifth hearing (third week of Dec ‘ 2010)
But, I(petitioner) failed to attend the court on the fifth hearing in Dec’ 2010 and my RCR petition was dismissed.
The RCR was re-opened with in I.A. No. 19/2011 on fourth week of Jan ‘ 2011 and summons were sent to wife. The court posted the matter to 07-03-2011. This time also she received summons late (24-03-2011) and could not attend the court. The matter was posted to 19-04-2011.
Further, Wife filed counter in the third week of April that she got divorced (ex parte in Oct ‘ 2010) in the lower court with a pray to set aside the ex parte in RCR.
Consequently a function hall was booked for her marriage on 27-03-2011 and she got married on 28-05-2011
But till date her lawyer till date did not submit any documents/information that she got married and not attending the court regularly and concealing the information about her marriage. Now the RCR case was posted to April ‘ 2012
I collected the proof of marriage, booking of functional hall and related documents through RTI form the Registrar Office, in the month of March ‘ 2012 in this regard.
1) Can if file contempt of court against my wife for…
a) A simple statement that “It appears that I Was set ex parte due to oversight” submitted by wife in her affidavit with condoned by delay of 9 days by simply neglecting the family court summons in the first notice in Dist Family Courts.
Is the condone delay maintainable in Dist Family Courts. As such, she knowingly did not attend the court and further her counter was filed after booking of function hall for her marriage (as mentioned above)
b) For concealing the information about her marriage and not informing the Court till date and wasting the time of Court knowingly
2) Now how should I got about and What petition/memo should I file.
3) Will i get order on my favour (ex parte order or any other order) .
4) How to pray for the costs, any petition to be filed.
Please enlighten me in this regard
binod chouwdary
12 March 2012 at 08:48
sirs,
among my relatives, a father who earned his property all by himself, willingly written a gift deed in favour of his eldest son after the eldest son compensated his sisters and brother according to their wishes which was decided in a family meeting.
now the eldest son is anxious what if the siblings go to the court and fight for a share in the gift deed. especially he is worried about the wife of his younger brother who is threatening to sue.
do you think it is wise to go for a bank mortagage loan so that the documents are in the custody of the bank.
your valuable opinions will be greatly appreciated.
kindly
Member (Account Deleted)
11 March 2012 at 20:13
Here I have some doubts please clear and help me experts.
Special marriage under section 25 1954
1)My wife had filed petion for marriage nullifiacation that i blackmailed her to marry me with a photo taken in the studio (Couple photo of us) but we had taken many photos before that also (50nos).
2)There was no intercourse between us but we had even before marriage and till the day she left from me.
It was a love and intercaste marriage and also not known by parents but they came to know and brainwashed her and she is also now on her parents side but i want to contest and prove my innocence.can I do anything against her parnts for misleading and for this wrong pettion before the honourable court .
Ranganath
11 March 2012 at 17:48
Ld Counsels,
Under what conditions HC will stay a divorce suit. If wife goes on appeal against the dismissal of her divorce petition is it possible to stay the trial of divoce suit filed by husband pending disposal of appeal.
Appears like only proceeding pending in courts of concurrent jurisdiction is stayed and not proceedgins in inferior and superior courts. Please clarify.
Rishi kumar chakrvesh
11 March 2012 at 15:41
A case file in 13-b for divorce but opponent party is not replying answer of verdict & they continuous always they take a new date although her advocate come in concerning date , so that the judge is not taking ex party decision vs them, when filed case has already more than 4 months & over 90 days. how can resolve this case easiest way.
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Fake case under section 9.pls help me 4my sister
my sister has attempted the marriage with the person.after clicking the photos in temple and signing on notery my sister came back home same day.next day she told that she got married.and also she came to know that she has been fooled by that person who lied about his education and other things.she refused to go with that person.that person has now filed a case against my sister under section 9,by saying she lived with him for 8 days,she is my wife.by submitting the marriage photos and the notery signed by my sister.they clicked the photos without any family member in it nor from his side.and also she returned home same day she did this.so how can he file such case.we are fighting from 6 months in court.please help us.its very urgent
she is major. saptapadi was not done.as per her knowing they just clicked the photographs with the presence of pandit and his friends also my sister's friend was there. they submitted those photos as the evidence of marriage to the marriage registration office where that persons parents signed in register with these both.after we ask that person to show his educational and jobs documents,but he kept us hanging for two weeks.there she came to know that he fooled her and she understood her mistake.also he kept calling her through his parents to leave home and kept threatning her.as my parents and me were in oppose of this marriage we asked her to sign on stamp that she refused this marriage and submitted those papers photocopies in the marriage departments offices.after 2 months reply was that there no marriage certification is issued from respective departments.we have only this evidence in hand.after he filed the case.we replied with falsification.and are stuck to it. what should i do to prove this marriage null?my sister will be stamped as divorcee?