Anonymous
16 September 2011 at 23:15
Respected Sir,
I am a tortured husband of a lady to whom I got married just before 7 months. I am suffering from my wife in every aspect like she wants me to do only like as she wants.Even she wants me to separate me from my parents of whom I am the only son of my parents and wants all her control over my earnings.As I did not respond her bad acts, she has left me since last 5 months and has began to reside in her parent’s home, instead of living with me at my parent's house. When I requested her to come back to our home, She gave me the following two options on which she would ready to come to our house.
1. She does not want to stay with my parents and wants me to live in a separate accomodation only with her.
or
2. She is ready to live with me and my parents in a joint family only when I jointly share my salary account with her.
She had sent me a legal notice so as to live in a separate accomodation with her with many false allegations to which I sent a reply through legal notice to her proving all her allegations as false. After my reply notice, she told me on phone that She is ready to live with me and my parents in a joint family only when i jointly share my salary account with her. I refused her on this.
This cleary shows her cruel mentality and cheating nature.
Latest again I sent a legal notice to her asking her to come to her matrimonial house unconditionally and she is staying at her parents house without any reasonable cause/reason. She has not sent any reply to that notice and she is staying till today in her parent’s house. Now Since last 2 months, I have stopped phone conversations with her.
I am totally cheated by her and her parents as they told during marriage discussions that, she is good girl, well co-operative and adjustable girl, and even I informed her before engagement that, my parents will stay with me to which she and her parents agreed.
Now I am in very disturbed state of mental condition, and due to this disturbed condition I am unable to do my projects.
Sir, here I once again request you to keenly observe her and her family behaviour and their moral values and the way they are resolving the issues in a very immoral, arrogant and torturing way. All these things have highly disturbed me mentally.
Kindly also suggest me filing the petition of Divorce by Mutual Consent with reason as Unretrievable Breakdown of Marriage.
Also please provide any other valuable suggestions and help me to come out of this trap. I am not willing to continue my marriage life with her.
Thanking you.
nikhil ###
16 September 2011 at 14:25
All Members,
My wife is saying that a land is purchased by us on name of my father at the time of marriage in part of dowry given by them. But its my father own property and its not ancestral property but it is purchased at the time of my marriage. How this problem can be solved if she proves it and what will it happen if we sale it now silently?
Other property is purchased by my father by taking bank loan and with my grand mothers money (my mother`s mother n my mother is only one child to my grandmother).my grand mother is alive. Is this come under ancestral property or anything else that my wife can claim on this property. How this problem can be solved if she proves it and what will it happen if we sale it now silently?
Ashwini Acharya
16 September 2011 at 12:02
My sister's husband got expired 6 months back his husband had made some FD and RD in the back without nominee? How to get that money in my sister's name? He even have taken car even that papers and insurance papers should has to get transfer ed in her name what is the procedure and how to get it done? please and urgent reply regards Ashwini Rao
Anonymous
16 September 2011 at 11:39
my one client is getting the pension after the death of her husband. now if she does the second marraige, is there any effect on the pension, whether it is stopped or the pension is continued, pl. suggest.
Member (Account Deleted)
16 September 2011 at 06:37
Dear Experts
I filed a divorce case against my wife on cruelty and desertion grounds and My evidence is on 1st Dec, Reconcilation failed and admission/denial hearings are done already.
So far my wife has already filed 2 cases, 1 case for Section 125 in women cell claiming interim maintenance and another section 25 again for interim maintenance in the divorce courts.
She is already working for the past 6 years and earning almost same as I am earning with a difference of 15000 Rs in our monthly salaries, I being on the higher side.
I have already been paying Rs 5000 for my child school fees for the past 2 years to my wife.
I have 2 questions:
1) My lawyer had told me before the filing the divorce case about his fees i.e Rs 58000(incl stamps etc) for first 4 hearings and another Rs 58000(incl stamps etc) for all the remaining hearings in divorce.
I have already paid him Rs 116000 so far and Now he is demanding that since my wife filed another case under Section 25 for interim maintenance I should pay him another Rs 58000 as his fees.
Is this fees justified since both cases, Section 125 and Section 25 pertains to maintenance only and the judge has asked us both to produce our respective salary certificates and bank statements to prove our salaries in next hearing on 1st Dec?
2) Once my evidence completes on 1st Dec, Judge will give another date for my wife's evidence, Our case started in March,2011 filed by me and my wife is not interested to give the divorce whereas she has already taken all her gold and other household items with her after the case started.....
In lieu of the current position of my case, my lawyer told me that it will take another 6 months to get the divorce, Kindly share your experience?????
Thanking you
Sheetal Dedhia
16 September 2011 at 01:06
My friend has filed divorce petition on the ground of cruelty. In her petition she has made fake and frivolous allegations about dowary, beating and metal & physical harassment on her husband and in-laws. Earlier she had entered into MOU that she want divorce only nothing else and returned all belongings of husband against exchange of her belongings and accepted that henceforth no right of streedhan on husband's belongings as well as no right of any maintenance along with alimony. She has also accepted in MOU that she has no allegations against husband as she want divorce.
Now for money she has filed present petition. Her husband is a good man and being aggrieved he ready for fight in the court. He has no advocate appointed in the court and defend himself his own. Now after one year my friend has no evidence and witness and not able to fight further. She was to settle the case and want divorce under MCD. But husband insist for confection before court and until that he is not ready to give divorce. If my friend accepts his condition than court may take action against her for perjury and husband may also take action for defamation.
Is their any way to compromise or accepting this into the court so that my friend don't suffer any consequences? My friend has no father alive and no brother and sister. She has only her widow mother in her family.
Please reply. Thanks in advance.
Anonymous
15 September 2011 at 21:04
Dear Experts,
i am urgently in need of the act/bare Act of uncodiside / uncodified law of Jewish for divorce by wife. help me please.
Thanks in advance.
Anonymous
15 September 2011 at 20:09
Married to a Muslim Lady in 2007, but unfortunately after the solemnization of the marriage , right from day one the said lady remained adamant to end the relations as her behavior towards me and to my family was always hostile and quarrelsome and used to stay in my house for intermittent period of 4 to 5 days, the said lady on Jan 2009 left the my house for two days but till Nov. 2009 did not returned back despite the fact that In the meanwhile a number of persons I Send to house of the said lady to return home but she categorically refused to come home , and in turn leveled some false and frivolous allegations against me and once I myself tried my best to convince her to come back she categorically refused to restitute the marital life with me and connived that she does not want to live with me and insisted on dissolution of marriage . Ultimately when all the ways of negotiation with the said lady failed as she otherwise also did not proved to be a good pious wife on 14th Nov. 2009 I divorced her through a divorce deed, dispatched through speed post to the available address of the said ex-wife, which she refused to accept, but the lady filed Crpc 488 for the baby in 19 th Nov 2009 but I was served with notice in oct 2011,I accepted to pay max amount under Crpc 488 to my baby Rs 2000/-, later in Oct 2010 the lady filled a case of restitution of Conjugal right in Munsif Court, She also filed an FIR for 498A & 406 against me & my whole family in police, which culminated into challan in Court & which is pending for disposal in court. She also later filed for revision petition for Crpc 488 which was disposed by Hon’ble court. After some times she filed an application in State Women Commission, where I filed my objects but the commission gave the lady two recommendation against me at the back of me. The lady also filed same complain against me & my family in State Human Rights Commission, I filed my objects there also & mentioned them all the cases which are pending in court, I am fed up by all this as for same cases I am being asked in three court ,SWC ,SHRC, Civil court for RCR & Criminal case in CJM Court.
Now my request is what the role of SHRC is when all these cases are pending in different Courts, what sought of Human right violation I have done, as my Ex-wife & her father are saying I have violated their Human rights. My ex-wife & her father are dragging me here & there, torturing me. Kindly give me advise about my case in SHRC.
PARTHA SARKAR
15 September 2011 at 18:09
I will be grateful if anyone advises me on the following situation:
Ex-parte order passed on RCR (S.9 of Hindu Law) in favour of husband. Execution of decree filed under order 21 rules 32 of CPC mentioned in tabular statement by the attachment of 50% salary monthly salary of the judgment debtor till the compliance of the impugned order.
Decree passed on 29.07.2009 and communicated through speed post along with a request letter to comply the decree. Father of the judgment debtor received and signed on acknowledgement card. As per O.5 & R.15 of CPC it is valid service.
1. Judgment debtor denied the fact through reply that she had received the ex-parte order. After receipt of the showcause notice through post she applied for certified copy and claimed that the 1st time she comes to know about the said decree.
2. Judgment debtor in reply of showcause made false allegation like decree holder obstructed to enter into her matrimonial home so police assistance is required. Finally in prayer portion stated that she wants to comply the decree and therefore the instant proceeding should be dropped.
3. Surprising the Judgment debtor and her advocate outside of the Court threaten the decree holder to agree for divorce on mutual consent otherwise severe consequences will face the husband and his family members followed by bundle of cases and jail etc.
Kindly advise me at such situation what strategy will be appropriate on next which is fixed for hearing.
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Christian divorce - mutual divorce
Dear Sirs,
At the outset I thank Mr. Raj Kumar Makkad for his consistent advice and suggestion to approach my case in a better manner after wasting nearly 12 years in the court of law and all other learned advocates who adviced me whenever i required your advice
Last hearing was scheduled on 16.09.2011, wherein it was for cross examination, the Judge has categorically said in the court, that he is providing a last opportunity for both the parties to come a conclusion of either way, if such agreement fails he will go by the merits of the case on the 20.10.2011
It is to be noted that it was she who deserted me, provided wrong information in the records, file a malicious FIR, threaten by local rowdies and goondas for which I approach the police and court, she lodged a complain the the church council with false information against me
Now, the respondent lawyer informed us that they are ready for mutual agreement, however when i send her a message of the judge advice to settle the case, as I am not willing to live with her any longer, she has send the reply that she is praying and shall dont want to separate.
Sir, I was dismissed and terminated from government services after she deserted me (within 3 months of marriage I was dismissed) as I couldnt attend my work due to the mental stress. Presently I am studying law - 2nd year by securing the government seat after clearing the LAWCET exams.
If she agrees for mutual divorce, what could be possibly the amount for permanent alimony
will the maintenance stop as soon as the permanent alimony takes effect
kindly advice