Anonymous
21 April 2011 at 16:11
i got married last dec 2009, 1st 2/3 months of was gud, but later mujhe dheere dheere mere husbend ke kafi jhut bate pata chali jo unhone mujhe boli thi, later he started avoiding me. he never use to share finance with me. unfortunately i was not working after marriage, last dec2010 i had to gor for a job. was completly dependent on him. before two month we had a big fight, i was frustrated with his behavior, i was about to go to my parents house but he stoped me at that night, but in d same morning he left the house saying he cant stay with me, he put alligations on me like i m a drunker, i hit him & all, later in d day he came back but his family told us to leave the house as the house was in his father name, we shifted arround a month & half back in a rented house, while shifting he was forcing me to mortagage all the jeweleries for diposite of the house, as he never had savings, but somehow i didnt, so he paid only 6 month rent here, but after shifting he became worst, he never use to talk to me, every weekend he use spend nightout only & its 3 weeks now he left the house saying he cant stay with me, he needs separation, i dont know wat to do, i dont want to get seperated, worst is his family is not supporting at all, saying jab humne apne ladke se rishta tod diya hai to bahu ke sath koi rista nahi hai, plzzz help.
Anonymous
21 April 2011 at 16:01
We got married in Feb 2009. She immediately went to USA and never played the role of dutiful wife. I found her being in touch her ex after our marriage. Since she was using pre-paid number, i could not get itemized bills. So I don’t have any proofs of her having affair. We did not stay together even for 1 day. Since I was pursuing my studies and she was out of country. We both filed a mutual petition in April 2010. After filing for divorce, she asked me a chance and started threatening me of committing suicide. I really loved her bottom of my heart so gave her a chance. We started living together from June 2010. She started forcing me for baby and I agreed for it. She conceived in July-August 2010. She changed too much after pregnancy. She constantly fighting with me and kept asking for divorce. Baby delivery is due in May 2011.
Finally I restored the same petition. Now she is looking for maintenance. She is working and her salary is 9 lakhs per annum. She gets around 55000 per month in hand after tax deduction, pf deduction and all. My salary is also comparable to her. She owns a house in Bangalore. I started my career in June 2010. I don’t have any parental inheritance or any property. I have responsibilities of taking care of my mother and younger brother education as well.
She is behind my money. During our stay from June to September, I took care of all expenses and she did not share even 1 paisa in house hold expenses. I used to give her 10000 per month for her pocket money as well. Her mother was also staying with us.
I am looking for child custody but she is not willing to give it. I am looking for joint custody. She is looking for one time settlement for child education. I want to own up my child education in future as well. But she is asking very hefty amount in settlement. My living expenses depend on monthly salary. And I hardly have any savings. I don’t have any property, land or even any vehicle. My questions:
1) If case is referred to mediation centre on our next hearing, who will come up with settlement amount? Medication centre staff or we have to come with our own terms?
2) Even if I take personal loan and manage to pay settlement amount with some negotiations, what would be safest way to pay? Can a saving account open in child name with join ownership of husband and wife? Or is there some other way?
3) What about child rights? Child can ask for his own rights after some time right? Or what if she influences our child to grab more money from me in future?
4) I am willing to take some education plan for my child that will help him/her in higher education in future. Can this be a basis to reduce settlement amount she is demanding? can this be used for legal recourse?
5) My obligations for child upbringing will always be there and I want to play role of dutiful father. She is also working and shares the responsibility towards child. Is there any method to calculate one time settlement/maintenance amount?
Anonymous
21 April 2011 at 13:21
Couple got divorce decree in City A under Sec 13(a)wherein spouse also gave up the custody of minor children. However,spouse later challenged decree as being obtained by fraud and coercion and hence to be set aside. In due course, her case was transferred to City B(her family location) via Hon'ble SC. Proceedings currently on in City B.
Questions is :-
(1) Can she file a separate petition for custody of her children ?
(2) If Yes, where? City A (where kids stay) and city B ( where the case challenging decree has been moved to and currently moving).
(3) Which sections would be most suitable?
Please note following relevant info
(1) Both cities have a family court.
(2) Marriage had happened in both cities - A & B for famliy/logistics reason.
Do let me have your considered opinion.
Regards
Kartik dhar
21 April 2011 at 10:19
Hello Xperts!
My wife intensionally left me and my family, and started residing with her parents. She took our daughter and our pet dog along with her.
Now she has filed a case under DV Act 2005, demanding monthly maintenance and housing.
I am very poor, I do not have anything to give her. Moreover I tried a lot to get her back home, but she does not want to come back. (Conversation Recorded by me.)
1. What are my options to settle this. She basically wants to settle scores. It was a love marriage and did not work out the way she wanted.
Please advise and throw some light here.
2. Also if I leave India and go some place else without her knowing... what are my options to safeguard myself and family?
URGENT!
Anonymous
21 April 2011 at 10:08
i have filed a divorce petition in the family court,since my husband is working abroad,the court sent the letter,and the acknowledgment is not recieved yet,the hearing date is next month.if the ad is not recieved, what can i do,to proceed with the case and get divorce.?
Anonymous
20 April 2011 at 19:08
Hi All,
Wife alleging husband was not able to remember what food he ate, did not even know who was accompanying him, did not know route to his residence and was sitting aloof and was afriad of darkness.
What does these allegation convey to a judicial mind. Does this convey allegations of mental disorder or allegations of (psychological) impotency.
can the above allegation be linked to impotency of any kind.
Anonymous
20 April 2011 at 14:18
My father owned a Pagdi system shop in Mumbai and my father had nominated me and my brother & the landlord was issuing Rent Receipt on three names 1) My Father 2) Myself 3) My Brother.
My question is, my brother has transferred the said shop on his name without my signature. Can he do this without my signature, as I am one of the owners of the shop?
Anonymous
20 April 2011 at 14:16
Hello Sir,
Myself Vinay and i had filed a petition of divorce under section 13 1(a) and i got exparte decree of that on Aug 16, 2010 after all the legal way to call her for appearance on the court. After divorce petition she had filed 498A and DV.
Now appeal of exparte divorce has been filed by her on 19 Oct 2010( after 64 days) on the same court (Family court) for staying exparte order and cancellation decree. On that petition she alleged that she has not got any notice and informatin regarding that divorce petition. But in fact she was refused to take notice and sending it back stating that there is not but in the 498A fir she mentioned the same address. And in the DV case i informed her through the court about the case no and the hearing date but then also she was not come.
In the first order Hon'ble Judge dismiss the petition of stay on Exparte-decree and mentioned she has not yet filed apeal to the Appealeant court (High court). Now this judgement is in my favour but i want to know that even after every proof of her wrong allegation regarding not informing her, will this case be set aside as a ground of condolence being a woman.
I also want to know that Court has dismissed the stay petition from her. Can I remarry after that.
Anonymous
20 April 2011 at 13:18
Dear Sirs,
I got married on 16/02/10 at my city bilaspur but the girl is from gwalior, she stayed with me only 20 days, reason the bad behaviour towards me and my family, she wanted my part frm my family property and her parents came to our house and argued with bad language and took her. and i also also went in may 2010 alone to uganda(africa) where i was working before, then they started calling me and sending letter to my parents for taking the girl back or they will put complaint against us.
i came back to india in december 2010 but i refused them because of their bad language and they were only blaiming us not the girl. they put a complaint at lady police station bilaspur not for dowry because we never took anything all expenses was ours. police called for counseling, we attended the counseling but they didt came, they again put the same complaint at gwalior(m.p.), the police gave notice for counseling there, we both attended and after 2 days of counseling police decided that the girls complaint was false, i got letter from the police for the same.
but now after 20 days again notice from the same gwalior lady police station came, we are suprised how can i get again counseling when the complaint was false.
what should i do, should we attend the counseling orjust send a letter and photo copy of the previous one. and i should apply for Divorse on the basis of cruelty.
plese guide me on this.
thax.
prashant
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A reply to the experts valuable suggestion and a query
Dear Experts,
Thank you very much for your kind reply.
Both the parents(my and her) made the arranged marriage according to hindu culture, later purposefully they kept my wife as isolated just to hide the defects.
Practically we never became husband and wife, no relationship build between us. Then how the question of divorce and maintenance arises?
Its one kind of cheating and exploitation of male person.
After six years, even if I get the certificate about her mental status what is the use! whether she is healthy or mad, the consequences will be the same. Another thing is, if they allowed her to live with me as a wife even for a single day, then it's meaningful to think about the divorce and for giving maintenance.
Please Sir kindly reply to this.
Thank you very much.
Yours faithfully
Dr. Annaiah Ramesh