Anonymous
13 November 2011 at 21:38
Respected Sir,
We are joint Family with my Father, mother
Brother and his Infant daughter and his wife.
My brother's wife threatening my brother to commit sucide . we have also filed complaint with police on that. Now, She had taken also police mobile no. and thretening also us to call police if we will tell against her. She does not do any work at home. All the work of house is done by my mother. Her parent also supporting her.
She wants to live seperate but there is no neccesity as such and my brother is also denying that thing.
My Father and mother are senior citizens i.e. 70 & 63 respectively.
Although my mummy is diabetic patient but she is doing all works of home and she is doing nothing.
What are the remedies in law against such woman?
Anonymous
13 November 2011 at 15:16
I'm a State Govt (West Bengal) employee and wanted to marry my 1st cousin ( mother's sister's daughter) who is also a State Govt (West Bengal) employee in another department. How ? We both are Hindu and unmarried.
Imran
12 November 2011 at 23:25
Q1.- Can an Indian Muslim Male Citizen, also a State Govt Employee, married under the Special Marriage Act to a Hindu Female, divorce his wife to marry another Foreign National Female.
Q2.- Also, can this man serve a VRS to the State Govt and then get married to the foreigner female, and if he does so will the first wife be entitled to maintenance and other benefits from her husband.
Q3.- If the said Indian Male and the Foreigner Female be punishable under the Indian Laws for marrying without informing the relevant authorities of either or both the countries.
Anonymous
12 November 2011 at 21:14
Sirs,
About me, I am aged 46 male, separately living from my wife, since 6.4.2001, as she left the matrimonial home. Date of Marriage: 28.8.1998, Month of female child born June-2000. Since my wife left from the house due to high level of difference of opinion with us, she not at all interested to live together. However I tried my level best and waited patiently for 2 years from Apr'2001 ,but there is no outcome and hence I decide to go for divorce. Accordingly I filed divorce petition on the grounds of desertion in the family court of Pondicherry during Mar'2003.
Immediately on my filling she also filed a restitution of conjugal right case in Sub-Court,Virudhachalam (Town nearer to her parents residence ,in order to show herself that, she was left alone by the parents from them).And also file another case in magistrate court ,Virudhachalam, under 125 crpc for permanent maintenance amount.
Simultaneously, by postponing the hearing in my case at Pondicherry , she filed transfer petition in the High court of Madras ,and accordingly, as per the directions of HC, my divorce case in the file of Family court was transferred to Sub-court Virudhachalam and linked the same in restitution of conjugal right case.
Finally during Mar'2005, order for maintenance given. and in Apr'2005, restitution of conjugal allowed and my divorce petition disallowed. After that, she is only interested in getting the maintenance amount of Rs.2000/- pm regularly, not showing any interest for living together by returning to matrimonial home as per the restitution of conjugal right order passed in her favor.
Later, I went for appeal against the dismissal order of divorce petition to session court, Cuddalore and here also, order given in her favor during Aug'2007. Further, after 2 yrs gap, I filed appeal in the High court, Chennai during 2009, but the case not numbered till Nov'2011.
As per the order for maintenance, I paid the amount up to 2007 only, after that, she also not claimed the amount till date, since she is earning well by running a computer centre near the town to her sister's residence at Chidambaram
When situation is like this, I recently (5 days before) received one summon from Magistrate Court, Chidambaram u/s 12 of Protection of Women from Domestic Violence Act, hearing dated 15.11.2011,even though I am living separately from 6.4.2001,almost 10 years over,
This is the facts of my all cases and still I am struggling against this do or die situation. Is there any remedy can I get by overcoming this, by getting divorce from her. Kindly help me in this regard.
Anonymous
12 November 2011 at 18:33
Dear sir,
My wife had filled DVA case on me, but in that there is no statement that i had harassed my child. In that she just said I had harassed her but those are false allegations. After the DVA Petition received I filled an RCR[HMOP] on her in family court. In RCR 1st they asked to go us for counselling then asked to come on 14th nov. Now the child(son 4 yrs old) is with her, in her parents house. I decided to have a visiting rights on weekly basis for at-least 5 to 7hrs. Also I like to put visiting rights on DVA too. In DVA she ask's maintenance, we prepared a petition stating that I am right now jobless for that I have my previous company offer letter and reliving letter for evidence.
Q:
1. When will the court allow me for visiting rights.
2. Can she again give the same DVA allegations in HMOP or different allegations to stop visiting rights.
3. How many times I have to go under counselling.
4. Whether the statement I giving to the Councillor would be come under evidence or not.
5. Can I put visiting rights in DVA also?
I request Experts to give a good guidance on this.
Ash
11 November 2011 at 23:02
1) I got married in 1998 ( satpudi ). But registered my marriage in 2009 under Special marriage act.
2) my wife left for her native place in 2009. And has not returned since.
My wife has filed a civil case (498 not filed yet). And for maintenance .
Q : a) onwht grounds shud I fight the case ? Special marriage or Desertion .... Or both ?
b) Can they file for 498 now?
Any other precaution or advice?
Anonymous
11 November 2011 at 21:21
Counsels,
Wife has marked documents. If husband has to confront the wife with new documents during cross examination is it mandatory to mark those documents in favor of husband prior to cross examination.
Thanks in advance.
Anonymous
11 November 2011 at 19:58
can illegimate son be maintained out of coparcenary property.is he entitled to maintenance with his putative fathers coparcenary or other coparcenars?
Anonymous
11 November 2011 at 19:56
if a coparcenar leaves joint family.can he again join it.how it can happen.pls give any explanation
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Apply for divorce
Deari Sir/Mam,
I was married in 2008 december and unable to tolerate their words and wanted to escape from them.so i left india and came to another country 2 months after my marriage.i havent been in contact with him since then, not through phone or by any means. Now my questions are
1)whether i can apply for divorce as i have been away for almost 3 years? I am living independently.
2)Under what section shall i have to apply for it?
3)and can i do it staying out of India?
4) Do i need anything (like any documents/evidence)to show to the court?
5) with my case running can i travel to and from india/ will i have any trouble at airport
I just dont want to go into the relationship again.
Thank you in advance