Anonymous
28 December 2011 at 18:22
Dear Lawyers,
If a spouse does not co-operate after filing for divorce by mutual consent, what options does the other spouse has got for getting the divorce?
In my case, the mandatory 6 months period after filing the divorce by mutual consent has passed. After the expiry of this period, my spouse now refuses to come along for the court hearings.
I heard that there was amendment to HMA in 2010 wherein this situation can be considered to fall in irreterievable breakdown of marriage category and therefore the divorce could be granted.
My questions are:
1. Is my understanding correct, i.e. does the case/situation be considered as irreterieval breakdown of marriage?
2. If yes, how would I request the family court to grant me exparte divorce?
3. If no, what should I do?
Regards,
Husband under stress
lata shastri
28 December 2011 at 16:02
sir / mam,i am a petioner in a mutual divorcee between me and my husband .he agreed to give me alimony but he had not agreed to give it by DD or cheque insted of it he deposited it in court treasury and this amount will be given to me after the judgement and amount is mentioned in petition with such condition.on 27thdec i went to court as i got that but due to concellening report dint came i got next month 7th date.so my problem is that when i went to treasury to chechk the amount the clecrk said that amount is safe with case number but will be issued after divorce as mentioned in petition but on my name after marraige and i dont have any bank account on married name .please suggest me how can i get money on my maternal name as the amount deposited in court treasury is on my after married name .pls suggest
Anonymous
28 December 2011 at 15:30
Respected Experts
My wife filed a Maintenance case u/s 125 of Cr.P.C it is pending before the court. my wife demanded to withdraw the maintenance case an amount of Rs.5 lakhs, present my position i cannot pay single rupees, she knows very well about my financial position. that too she threatened to me that if not pay an amount demanded by my wife, then she will file a case u/s 498(a) of I.P.C
kindly advise to me, which case i have to file, or which precautions to be taken, to avoid 498(a) case against me and my family.
Thank you all of you in advance
please advise ....... waiting for your advises.
Now wife
Anonymous
28 December 2011 at 13:57
Ours is love cum arranged marriage. But after marriage my husband's charactr turned and along with in-laws illtreated me and he deserted me. Its just less than a year f marriage. We r married 11 months back. He has applid fr divorce. I ve raised RCR, Litigation, DV act.
I stayed alone for 5 months. Now one of my colleagues approachd me n proposed me and he want to marry me. I explaind him all these cases to him. He told me he will suport me for all these cases and let it go along. We ll marry unofficially and will not regsiter our marriag untill u get divorce. He tells I can stay in his home with his parents. His parnts are suports him for me. I thoughmy husband can raise bigamy case against me which may endup without alimony also. But he stelling that since we are not registrin the marriage, he cant prove our marriage. He says that In the court I can tell that I am staying as a Paying Guest in his home if he proves that. So not a problem like that he s telling.
WIll it create any further prob? If the path correct?
Anonymous
28 December 2011 at 13:30
I am illtreated by my in-laws n husband after getting lot of money from me. We r just 8 months married too. And its love cum arrangd marriage. Owing to his parnts words he is cheating me and deserted me.
I have given a complaint on my husband, father-in-law and mothr-in-law on dowry, harrasment. But in police station they closed the case and directed me to see the case in family court. I dunno why the police officials are not botherd abt to file teh FIR. I have given proofs also for dowry given to them.
I have just got the CSR copy.
1. My In-laws are govt. employees. Now with this CSR, can i atleast request for suspension? Or do i need FIR?
2. If so, wher shld i send this CSR? (In-laws are workin in shcool and bank)
3. My lawyer has made the petition for pirivate case and direction case since the police officials have closed this case. Whether this petition will help for thier suspension?
4. What are the other document that i need to send to make thier suspension?
4. Do i need to send the proof for dowry also ?
Member (Account Deleted)
28 December 2011 at 12:44
I and my lover registered our marriage in sub registrar office (SPecial marriage act in February).I want to live with my parents and they say that they would suicide.I am only 19 years old.My lover was true to me but i for my parents going to leave him.We have lived as husband and wife in secret and my parents and the society do not know.How can I file for this please.
He was not fraud to me then how can i prove that
What about consummat.Shall i say that our marriage not consumated (But consummate.will he can prove this in any other way.
baburao vitthal lohakpure
28 December 2011 at 12:22
I MARRIED ON 27/03/1976 AS PER HINDU MARRIAGE ACT AT MUMBAI. MY WIFE DIED ON 24/02/1995. I HAVE TWO SONS,PRESENT AGE 30 AND 27 RESPECTIVELY.
I HAVE ONE SISTERINLAW AND ONE BROTHERINLAW.MY FATHERINLAW DIED IN 2009. BEFORE DYING HE DISTRIBUTED HIS OWN EARNED PROPERTY TO MY SISTERINLAW AND BROTHERINLAW.
CAN MY SON CLAIM THE SHARE IN MY FATHERINLAWS PROPERTY.
IF SO WHETHER MY SONS CAN SUE MY BROTHERINLAW AND SISTERINLAW IN THE CIVIL COURT TO GET THE SHARE FROM THE PROPERTIES THEY RECEIVED FROM MY FATHERINLAW BABURAO LOHAKPURE PUNE MAHARASHTRA 09158004855
Prakash123
28 December 2011 at 12:10
I was married on 8 Feb 2011 & On 20 July 11, I got my marriage certificate. After that some normal quarrels happened and on next day morning my wife doesn't responds for any question to me and my family. She only said that she will not live with my family. I beg her lots but all worthless. Well.... She is ready to live with me only not with my parents else she wants divorce.
Then I replied as usual that I will not leave my parents as they are aged and suffered with various diseases. Then she told me drop her at her father’s home.(In Pune). I replied that I will not drop you & will not allow traveling you alone. Ask your father to come and bring you.
As a result her father came and after lot arguments & quarrels they told if she doesn’t match with your family, he will get her back to their home. I asked her once not to go, but she denied leaving with my parents. Then her father asks her to bring her bags. Then he asked us the Golden chain (Given at marriage time). Then my father got angry & said that they will give it at the time of next meeting in presence of relatives & will talk on transaction made at marriage time. But he got angry and threatened us. Finally my father gave him a Golden chain (5 tola chain + 5 gram ring + 3 gram ear ring all worth 1.5 lakh) and said now we also not wish to keep your daughter at our home. I will signed blank paper that I will not trouble you any way (Just tolerate not did).
Now 5 months passed to that incident. She is with her father’s home. In between her father realized that I'm not taking imitative so send some mediators and also call to me any say " Either resolved issue by accepting my daughter (without condition) or ready to separate (just to afraid us )". But we replied with calm them our mentality not well. We can't say anything now. Then they are threaded us that will do something bad which will ruin me forever. We will forcefully enter his daughter into my flat. Will come to my work location and will make kiosk or something wrong.
In between me, father & mother was self-harassed a lot. But all of our family relatives are with us and ready for divorce.
1. What should I have take action if she forcefully try to enter his daughter in my house? I don't want this relation any more. And one can guess that, we have not called each other not a single time. She is also not interested in this relationship any more. Now she is agreed to come to my home without any condition but under her parent’s pressure.
2. If I send any notice to her to avoid any forcefully entrance. Should it be considered as I am asking for divorce and I have to pay all expenses back to them + compensation till she got job?
3. I am expecting that as we separated from 21 July 2011, If both parties anyhow become ready and try to file a Separation on around 15 Feb 2010 (after completion of 1 year to my marriage on 8 feb 2012). How will it go?
4. On any extent I will not want her in my life and not wish to pay her any single rupee as she herself leaves my house on her parent suggestion. She is BE (Electronics). But not able to find job due to her arrogant nature and Lack of Knowledge.
5. Should I filed any Suit against her that she should not enter my house as she left my house since 5 months
6. Plus She has one elder brother to be marrying (looking for girl), so I guess her Father should become desperate to break this as soon as possible (it’s my guess) and marry her soon.
7. I’m looking for Mutual Consent …. then can file Separation suit after 8 feb 2012. That’s why I ‘m not dare to send any legal Notice(RCR) which will defiantly include our separation date as 21 July 2011 and I have to wait another 6 month (July 2012 )to file separation suit….. and again wait for 6 month after July 2012.
8. I have not filed any suit / RCR notice against her. And they also not on me. If I send RCR to call back her she will happily enter in my house.
9. They are already trying to enter my wife into my home by sending lots of relatives to convince us. By this are they collecting proof that girl is trying to enter in house and we are not allowing her to do so. 9. Is it possible to avoid permanent alimony and prefer onetime maintenance?
I can pre-assume one of your suggestions that “Try to resolve the problems amicably”. But things are gone beyond that & minds are broken and it would possibility cause of suicide from me and my parents, if she came in my house I can’t stay with her in any situation. Not at all
I have little fear about 498-a of I.P.C and it will trouble my job. As I’m only breadwinner in my family now with 10 Lakh home loan on my Head
a. Our society watchman is the proof of her leaving of house on 21 July 11.
b. On 15 Aug 11, we called her maternal uncle that my wife left my house on 21 July 11. I have recorded that call too.
c. On 12 Dec 11, I have recorded call of the threading & convincing me by her parents.
Anonymous
28 December 2011 at 11:45
thanks for you reply .my first husband passed away in 2005. befor the 2nd marriage my husband had promised to adopt my daughter its been 3 yrs and he has still not adopted her.In a onother 2 yrs ahe will be 18 yrs i am worried about her finincial security as i am not working if any untoward incident happens to me what is her security that is what is bothering me. and were money matter is concern though we are legaly married all the money matter & policy the nomee is my mother in law .. i am going to face a lots of fincial security problems. i just want to know how do i deal with all these complicated sutition.
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My wife getting married with other person without giveing divorce
Sirs,
Age of my wife is 22 at the time of marriage. We have done registered marriage. I have the marriage certificate. Their are total 4 witnesses.
I got married 1 & 1/2 year back without informing my wife's parent. She is staying with her parents till date. Her parents doesnt know about our marriage. Now in last week she had done engagement with other person as per the instruction of her parents and didnot inform me anything about this. Today She inform me about engagement. I asked her to stay with me but she is refusing to stay with me at my home. She is ready to marry with another person as per her parents instruction. Her father is one of the richest person in Mumbai.
Sir, Please help me out. I cant stay without my wife. What do I do to get my wife back to me.
Thanks & Regards