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Sankar Kalyan   24 December 2011 at 22:36

Advise needed on how to proceed

Dear All,
I got married in the year 2008. My wife was working in abroad before we got married. She took a 2 year break from her job.
A bit of history before the current status.
My wife and I had decided that I would try to join her abroad on the condition that I get a good enough job there which would be equal to the kind I do here in terms of function and remuneration.
After marriage, my wife who was born and brought up in India and had been working abroad for 4 years found the going tough in my house in an A class metro. She found fault with a lot of stuff and we ended up arguing for everything.
I bought a house after we got married which involved me going for a loan. ofcourse this mean that we could not move into the new house rightaway since the house had to be done up in terms of Painting, furnishing, electrical work etc, but I was saving up for this every month, and I could not move to another place in the same city on rent since it would entail me to pay rent and moving into my new house will have to be put off till much later. So I asked her to have patience. This led to a lot of fights and name calling, her talking to people among her family and friends. I could not get a job which would let me move abroad to her working country with confidence, finaly 2 years later she moved back to her old job, much against my wishes, since I was trying for a job in different city. In the mean time I found a new job in a different city (A class Metro). We have not been in touch apart from the occassional ISD phone call. Now she is back to India and living in her mothers house. We have not yet met but have spoken a couple of times on the phone in an attempt to reconcile, but all efforts seem to be going nowhere. I have many times broached the subject of ending the marriage but it seems to have any effect on her.
I am my wifes second husband, she was married once before. Ours was an arranged marriage, I knew she was divorced however I thought that it was something that could go wrong with anyone, so it is not that I was tricked. My family was pretty broadminded to happily agree to a girl who was divorced and whose mother was divorced too, we thought that both the women did not find the right man.
Now she insists on not ending this marriage and shows no inclination to continuing together, everytime we talk, we keep going round in circles, she creates the impression that it is I who wants this marriage to end and she is trying everything in her power to keep this going, but everytime she says that this marriage will work only if her needs are met, which I am skeptical about since I know what her demands are, and she has little or no patience to wait for things to be done.
Now, unknown to me she has joined a masters course in her workplace abroad where she will be returning in about a months time.
Considering that we have been away for more than a year now and will be away for another year in the future and that it is close to three years since we are married of which I have spent 1 year separated from her, since he moved out (She gives various reasons)
BTW, No dowry or anything was taken during the marriage. I have been insisting that she collect all her jewellery from my house as it becomes risky as I have to take of her belongings which is an additional responsibility.
Anyway, at the end of all this, could you please advise me if it will be possible for me to get a divorce citing that she has ben away for 1 year now. She has a well paying job abroad which she has been doing before she was married. Do I have to pay her alimony?

Can you please advise on the possibility of this and the steps to be taken and the process involved.

Thanks
K

Anonymous   24 December 2011 at 21:44

Domestic violence

Dear Experts,
Wife had filed a false case under DV against my whole family in Feb 2009 n also got X-party order to stay in home. Misusing the law she harrased us all the possible way. At one time when I wasnt home,Mar 2010, she attempted almost killing my mother hitting her in had iron lock and left her bleeding. Considering this (case under 324 was filed against het) session court had set aside the order. Later on even she was CA,MBA and earning abt 18-20000, Session allowed her rent pay of rs. 5000 per month. To which she appealed in High court for 13000. HC granted 7500 relief and also directed lower court to decide matter in 2 months (July2010). She later left job purposly and claimed for intrim maintenance just submitting me as reason to leave job and got relief of additional 7500 in Mar 2011. Currently she is submitting evidences which is taking long time. NOW it came to knowledge that she had left the earlier job and had joined to another good job where she also get accomodation. But I am unable to get any documentry proof. I had requested info under RTI at her job place. But rcvd nothing positive as its private organization. Lower court seems biased and giving longer dates(1-2 weeks) even my advocate asks for short dates. If she files application under 125 to claim maintenance amount, court imdly ask my lawyer to deposit the amounts. I am fustrated paying 14500pm. Kindly advice as I am suffering becoz of Courts behaviour and MAJORLY on financials.
Warm regards.

Anonymous   24 December 2011 at 21:05

Dowry case

hi
meri frd ki bhabhi ne fake dowry case and attempt to murder k case file kiya hai usne khud apne aap kerosene dal liya tha unki puri fmily pr arrest otder nikal chuke hai uska husband fther in law and brother in law jail mai band hai apne husbnd ke chalki bottel par hand prints le liye hai. pls suggest me ye case suprem court mai chal raha hai unki bel bhi nai ho pa rahi hai.

Anonymous   24 December 2011 at 19:37

Triple talaak

hello my query is can i say 3 talaaks in the court itself n if i do so will the the court grant me divorce bcoz my wife can challenge me in the court that i m lying n have not given her outside court as i told u that there were no witness .i m sunni muslim.do i hav to go through long court procedures for divorce.

Anonymous   24 December 2011 at 19:18

Name change afer marriage

Hello Whoever it may concern,

Mine is a intercaste love marriage. My husband belongs to ST and i belong to BC. How can i cahnge my sir name legally and if i have to apply for any government jobs do i need to mention my caste or my husbands caste, if i have to use my husband caste what is the procedure to be folloed to change it legally so that all my records show that i belong to ST caste now. Kindly mention the procedure is that possibel or no.

Anonymous   24 December 2011 at 17:23

Is there any option to make irrivokable will

Hi,

I just want to know is there any way to make Irrovakble will( Once made another will cannot be made)

Pls advice
Thanks
Girsh

Anonymous   24 December 2011 at 17:16

Divorce

Hi

this is shobha from bangalore, can i get divorce , as i filed divorce in 2007, and the case was closed because i did not attended for hearing, as i have filed a case of property suite against my husband, he has 5 acres of land, which he wants to sell, i have 2 kids, can i ask for maintaince, and i am leaving seperately from 5 years, and how long
does it take to get divorce, and i need it very badly, i am leaving bangalore for my career opportunities

Anonymous   24 December 2011 at 15:10

Ws for rcr

My wife has filed an RCR petition against me without any adequate cause of action. She is demanding for a separate accommodation to join me. She has falsely stated that I had told her to leave my house. She has included 3-4 petty allegations in her petition related to not getting enough pocket money, no freedom to go outside, though this in fact was not the case at all.

In my WS, I have denied all her allegations and stated that I had not told her to leave my house.

I want to add certain statements/sentences in my WS that are most effective and of legal jargon. I want to state in my WS the following:

1. Ask her to provide evidences regarding neglect by me.
2. Ask her to provide evidences regarding her petty allegations. Ask her to make her stand clear with respect to all the allegations.
3. I want a WS Prayer like - Under the circumstances, no cause of action aroused and the present petition desires to be dismissed.
4. Again just verbally she has told me that She is ready to stay in my joint family provided I share my half salary account with her. How can I express and bring out the same in my WS. In front of the judge if I clarify the same and offer her my half salary then I am sure that She will not deny and get ready to join me even in my joint family.

Please provide me your valuable suggestions on the above listed issues.

Also, please provide any other valuable inputs or suggestions regarding drafting a WS.

Also, please let me know that Is Interim Maintenance applicable, if her petition is dismissed.

irfan   24 December 2011 at 14:49

Divorce

i m muslim n my wife challenges my triple talaak because there were no witnesses when i said...now she has filed maintenance case against me ...i want to know that can i say 3 talaaks in the court if she challenges there or i hav file divorce case by legal way.. by muslim personal law how can i divorce her ??
wht to do in such situation...

Anonymous   24 December 2011 at 13:26

Details required to register co-operative sevice society in gujarat

Dear sir,
I wanted to know the following question:
1)which document require to register this society
2)in how many times i register this society
3)how many legal expense bear by me
4)at which site i can collect demo of the required document.

Thanking you,
yours faithfully
Dishant Patel