amreen manjiyani
26 February 2012 at 19:35
hello..i have a query that can a girl request the court to order the boy to marry her.if they had been in a live-in relationship...does India have any law to support it or any judgement ?
kavkaz
26 February 2012 at 16:04
Is a wife demanding separate accommodation be considered a sufficient reason to stay away from the husband and thereby draw maintenance from her husband.
Kanchan Madan
26 February 2012 at 15:05
We have filed papers against; maintaince and next hearing in 2nd April 2012. Since the case was initiated for JS was initiated by us, wherein wife wanted mediation and failed, now she has put allegation against me, my mother and my father without any proofs saying that I had been beating her, my mother has been taunting us, fathr has asked for a house and a car. They have also given details of expenses incurred in the wedding (3 times higher) To compare we have proofs of banquets giving the rates as of today whereas they had done it three years back.
What would I need to quash these allegation in the court.
They have put only maintenance case as of now.
Before we were to meet for couple of days in the court, a court order was issued that both of have to be prsent in court.
In that it is also mentioned that 'parties have no other matter pending between them".
Can they file any other case against us.
Her income Bank statement earing net salary of Rs 45K has been submitted in the court giving details how lavishly she is living. She has agreed in the court that she is living separately. She is the only child of her parents who are stayin in Delhi.
Kindly guide me to prepare ourselves for the next hearing
T SANKAR RAO
26 February 2012 at 13:43
Sir,
If any spouse does not like the other and wants divorce without seeking maintenance from the other or no capacity to provide maintenance to the other, what objection has the court to grant a divorce. How can the court force a spouse to live with the other? Comment please.
kavkaz
26 February 2012 at 11:29
Hi Experts,
My story
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A joint petition of Interim Maintenance and RCR filed by the wife, wife not ready to come back, husband ready to take her back right from the very beginning. Husband even sent a legal notice twice asking her to come back then too wife filed the joint petition.
Even now during court hearings wife is arguing on petty homely matters and not ready to go and asking for maintenance even when husband is ready to accept the consent terms put in by the counsellor and judge.
Though husband has denied all the charges and ready to reconciliate but wife arguing that she is not comfortable statying in a joint family and needs a separate accomodation to join the husband. Till date wife has got no such solid proofs/evidences to prove the petty homely allegations and make her stand clear.
The allegations are all petty ones such as restrictions from father and mother in law to go outside after 9 PM and restriction to sit together and take lunch/dinner.
Even in counseeling husband tried his best and agreed to all the consent terms though was unsuccessful in his attempt. Husband not even has got the legal notices sent by him as evidences but has also got SMSs to prove that he was ready to take the wife back from the very beginning.
My question
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1. In the hearing now onwards, which petition will be discussed first, Interim or RCR?
2. Are there any chances of her petitions getting dismissed.
3. If Interim is dismissed, will the wife would be interested to continue with the RCR discussions?
3. How much time will get passed till the final court judgement and hearing?
Person2012
25 February 2012 at 23:20
Hi Experts,
There has been a agreement done between my wife and me at local CAW cell. A date has been decided to handover the items of dowry and agreement says that the settlement amt. could be paid in two future installments and the lawyer of my wife would file petition of divorce before two installments. And now just a day before of hand over her items her lawyer is asking me to provide me a copy of DD whereas no where in the agreement it was mentioned. It was mentioned that the court would decide the two dates and on the same date I would hand over the DD to my wife. But please advice is it necessary to attach the copy of DD as her lawyer is asking me.Say, if I refuse to provide a copy of DD, would that do any harm to me as that is something which is not mentioned over there in the agreement.
Please advice asap by Sunday I'll be highly obliged. Thanks.
Member (Account Deleted)
25 February 2012 at 18:07
Me and my wife got married on September 10, 2011..and started staying at my home in Delhi. But she left my home and went to her parent’s as she was influenced by her mother. If we go to 1.5 month before the marriage, we proposed each other and planned for marriage in November 2011. But her father forced me to marry her in September 2011 only and promised me that he will re-arrange the marriage ceremony in November in front of my Family members. But he didn’t so. At time of marriage none of mine family members/ relatives/ friends were available. As we got married at Arya Samaj mandir on her father’s compelled me to do so. After the marriage only they started fighting with me on this topic that it can’t be happened. And on 30th October 2011 my wife left my home. Since that day only i tried my level best to contact her but neither she responded nor her family members. Before marriage i had taken money from her and i returned the same after that the proof of payment is with me (bank transfer slip). I sent her all luggage’s to her on her request through courier and the proof of Receipt is with me. Me and my family member tried to sit round the table and heal this issue. But they didn’t turned up for any meeting neither they informed us for postponing or cancelling this meeting. I am living my life in doubt, my business is suffering because of it, and my health is also going down day by day. I want a result and they are ignoring this fact. Since date of Marriage to till date neither i have taken any gift, money aor any kind materialistic things which can be counted in dowry. Through a trustable source i got to know they are planning file an fir against me and my family for dowry extortion. I never demand anything either from her or her families, expect her father’s promise. They are ignoring our calls, mails and massages.
Here i need an advice that is there any way to file a divorce case ? as i feel that we can’t run this relationship for longer. Please give a few minutes from your valuable time and advice me. I will be thankful for your this kind act.
Member (Account Deleted)
25 February 2012 at 16:07
Dear learned experts......
1)If the parties to a marriage have not lived together but consummated the marriage in other places, Now the wife denies to come or contact the husband,Can He file for Restitution of conjugal rights under special marriage act?
2)Where to file?
3)What are the things should be mentioned in the petition and how? Please help me experts.
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Job of wife
Sir,
I am working as a Software Engineer and drawing a considerable salary to run my family. My wife is working as a middle school teacher and drawing some amount of salary for the past two and a half year. I am regularly incurring some essential expenditure every month for my wife’s job. She gave birth to a male child and he is now two months old.
From my side as well as her side nobody is available to look after my child. It is very difficult to look after my child. My economical position will not allow me engaging a Servant Maid. She worked, earned and handed over the entire salary to their parents, who have got strong income basis for them. Either their parents or my wife saved even a single rupee of my wife’s salary. Thus, her earnings will not serve any purpose to my family. Therefore, I have instructed to resign her job since our entire future relies only upon our child. She refused.
What are the solutions? Kindly reply me, sirs.
Yours truly,
p.petchimuthu