Anonymous
13 October 2011 at 10:55
Dear Experts,
Following are the facts of the case:
---------------------------------------
Petitioner allegations:
Marriage took place in august, 2004 under hindu customs. Wife last separated on 30,apr,2006. I filed a divorce petition in family court july, 2007 under cruelty and desertion grounds. The cruelty side is, she is not allowing consummation and belittling me and my family in front of others and desertion side is, she is not willing to stay with me and each time I request her to join she never shows interest to join with me out of 18 months till the separation, she stayed only for 4 months and these 4 months were not continuous days (only sum of her stay with me).
Husband (petitioner) Cross-examination:
I told in the cross-examination that after the final separation on 30-4-2006, I have not approached her to comeback, but sent a legal notice before filing a divorce case. She is responsible for non-consummation, as she was not ready to co-operate with me, this fact I didn't disclose to elders because I wanted to solve this problem mutually with discussions with wife. Also, told that i'm not impotent and ready to face medical test to prove my potency.
Respondent (wife) allegations:
In her counter to my divorce petition, she says, I am impotent and knowingly, I and my mother suppressed this fact and so amount to biological and mental cruelty and her pleading is that divorce be granted on her grounds but not on the petitioner grounds. She also counter-claimed for Rs. 50 Lakh as damages for suppression fact of impotency before marriage. Also, she said, she stayed with me more than a year. Immediately after marriage stayed for 9 days and left for her parent house. Again from 15-04-2004 to 26-01-2005(42 days) and left for parent's house. Again from May, 2005 to till final separation on 30-4-2006 (1 year).
Respondent (wife) cross-examination:
She said, she came to know of (realized) my impotence only after I (petitioner) filed for divorce i.e in 2008 january, by that time it was already 18 months, since separation. She came to this conclusion, after discussing with her parents and grand-father and because petitioner filed for divorce and since no consummation happened. She said, she never discussed anything regarding my impotency with elders. She never approached any doctor nor asked husband to visit any doctor. She also said that even if husband proved to be potent after the medical test also she is not willing to join with him. She also said, during her 1 year stay with me her parents never visited her matrimonial house as she was happy with her husband and never complained anything to her parents. She also said, she has not filed any civil or criminal cases against me except maintenance after I filed for divorce.
Now, she filed a IA petition for my impotency test, which is allowed by family court. The current stage of divorce case is all (petitioner/respondent)evidences are closed only the report from this medical test is remaining to pronounce the judgment.
Currently I'm without job for the last 2 years and studying MBA (student) with no scholarship. Relied on mother for the current sustenance and to pay fees.
My questions are:
-------------------------
case (a):
If medical test proves that I'm potent, then I have not doubt in my mind that I will get divorce on my grounds. But, what will be the quantum of maintenance awarded, she filed for maintenance u/s 18 HAMA?
case (b):
If medical test proves that I'm impotent what might be the judgment be? will the divorce be granted on her allegations? Will the court not view that she never faced problems with husband's impotency and brought this ground only as a counter to husband's divorce petition and also when said she is willing to join husband irrespective of the result of potency test?
how much maintenance be granted, in this situation.
Please comment and advice.
Thank you.
Anonymous
13 October 2011 at 10:44
Dear Experts,
My wife and I are staying separately. I am in A.P and she is in Delhi with her sister's family. We have a son, 6 years old, staying with me. My wife refuses to even talk to our son over phone. If I leave him with her, my wife's sister treats him very badly. She has told her relatives that the child is possessed with evil powers and he may harm them.
As I understand, parents have the right to see and spend time with kids even during separation. Does the child have such right to see and spend some time with his mother?
Can I file a petition with a court to make my wife to spend some time with the son? If so under what section? Can I file a child abuse/ cruelty towards child complaint against my sister-in-law or my wife? I have the proof to show that she has propagated negative feelings against my son.
Thank you !
Anonymous
12 October 2011 at 20:59
Hon'ble expert advocates and law students.
Can you please explain the following as per law.
a) Matrimonial home
b) Present shared household
c)Previous shared household.
Thanking you
Anonymous
12 October 2011 at 20:25
Dear Experts,
My wife terminated her pregnancy through her gynaecologist sister. In a divorce case ,how can i present this fact. She kept it secret and did it without my consent. Her sister helped her since she is a gynaecologist. Do I need to prove this..... but I have no proof.This happened some years ago
Thanks
Govind Sharma
12 October 2011 at 17:10
Hi,
One of my friend's father made a will and died. The will is not registered.
In the will, he has given a flat to his wife i.e. my friend's mother.
It is a residential property and my friend residing there with his mother for quite longer time.
Now, my friend's mother wants to sell the property and wants to give this money to her other son. My friend wants to object this as he does not have any other residential arrangement. Can he do that?
How much share he can get if the property is sold?
Anonymous
12 October 2011 at 17:09
i married with a girl before 6 month ago. but she is always threatening me to destroy everything include my job.she forced me to stay away from my old parents and not to give them single money .our marriage is love marriage.i am tourchering very hard.guide me
shrihariji
12 October 2011 at 15:46
I agree wid your suggestions .
But sir,she is the only daughter of her parents . her father is bank manager with good salary and she is going to her job daily by her four wheeler.
Also she had govt. job (RIGHT NOW MPNTHLY FIXED INCUME 7000/= ) which she dont describe in her WS.
MY SALARY IS 40000/=
I had already pay 40000/= in my Sec-24 case also.
WE HAD 3 YRS. BABY GIRL ALSO LIVING WITH HER.
WHAT MAINTENANCE I PAY?????
Her lawer ask me during my cross-examination in court that "u produced your pancard and last three yrs. tax return "
Sir, MY MAIN CONCERN IS I DON'T WANT TO DISCLOSE MY COMPNY NAME WHERE I WORKED .
BECAUSE IN MY EARLY COMPANY HER FATHER IS PRESSURISED ME TO LEAVE THAT JOB BY APPLYING HIS POLITICAL PRESSURE....
HER LAWER ASK ME IN COURT "SHE WANT TO COME BACK AND REJOIN WITH ME "
BUT SIR NOW I FRUSTEDED AND DON'T WANT TO LIVE WITH HER. WHAT SHOULD I ANSWERED????
WE R LIVING SAPERATELY SINCE LAST 5 YRS. .
Anonymous
12 October 2011 at 12:48
Hi,
I have to get married in novemeber according to hindu rituals in delhi. I want to know the procedure of registartion of marriage in delhi. Please also advise how long does it take to get the marriage registered. Do i hbave to make application before marriage also?
Anonymous
12 October 2011 at 08:40
I and my wife have filed application for mutual divorce in the court. We are living separately for eleven months I have come to know she is pregnant what is its implication on divorce proceedings, maintenance case and her criminal culpability for infidelity.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Haryana compulsory registration of marriages act, 2008
what is procedure for registering the marriage which was solemnised in 2006 i.e. before passing the rule in 2008.