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Member (Account Deleted)   20 April 2011 at 12:53

mutual divorce

hi experts,
hope you all are doing well....i have a query, hope you will give your precious time to it. actually i wanna that a mutual divorce can be valid on affidavit or not??? and if not then what are requirement for it??

thanking you in advance!

Anonymous   19 April 2011 at 20:48

making decision on divorce

Respected,

The marriage between me & my wife was performed on 09 /12/2005 as per Muslim rites and customs at Chennai. The marriage was arranged one.

I was neither demand or nor taken any dowry at the time of marriage or after the marriage either from my wife or from their parents. At the time of marriage I used to work in Qatar. After marriage me & my wife lived in Chennai for 02 months. After 02 months I left to Qatar to join my duty and used to come to Chennai once every 03 or 04 months and used to live with her for atleast 5 to 7 days at Chennai. In May 2006 she left martial house – Chennai – without concerning me or my family members to her mothers home, then in December 2006 wilfully she left from Chennai without concerned either from me or my family members to Bangalore since at the time the I was is in Qatar. In December 2007 I came back to Chennai to settle in anywhere in India. Since December 2006 to December 2007 there was no communication between me and my wife. Once I reached Chennai I asked her parents to leave her with me in Chennai to perform healthy relationship but they didn’t even she didn’t.

In Jan 2008 I settled in Hyderabad – India, again I invite her to join me in Hyderabad but she didn’t. In May 2008 I went to Bangalore to invite her to join me in Hyderabad she asked for one month period which I approved but after then she didn’t return. In June 2008 once again I went to Bangalore to call her but she didn’t instead of that she kept false statements in front of her family members to believe her innocence with the help of her mother. Finally she refused to join and send me out of her house then I called her first TALAQ just to convince her by believing that atleast she will join with me on the fear of allah but she didn’t. Till Feb 2009 we didn’t had any normal conversation but she forced me to send papers to her home on our separation.



She started calling me again and again to send her the final papers due to that mental torture I filed case on Hyderabad Judge family court for the restitution of conjugal rights. Even though she knew the proceeding & received notice from the court and failed to attend the court and contest the case, they honourable court has passed ex-parte decree in favour of me directing her to join with me within one month on September 2009 but she didn’t and even she didn’t inform her family members about the process. Once she came to know that court has passed the Ex-party she made scene infront of her family members that she wants to live with me just to prove her innocence. The she called me and say the exact words that “I wanted to stay away with you for few years now I want to come back to your life”. After then I met their family members like – Uncle – and informed them I dodnt have issue come back but this time she must sty with me permanently or we must separate.

In August 2010 last week her family members bring her to Chennai to my sister house to hand over her to me to perform healthy relationship with me in Hyderabad and she joined me with immediate effect.

In December 2010 once again she stayed in mother home without my concern after bakrid citing ear operation problem even though I confirmed her infornt of her elder sister that I will provide the medical assistants in Hyderabad but she didn’t listen to me instead of that she kept false statements infornt of her relatives that I didn’t take care of her with the help of mother. From then she once again stays in her mother home in Bangalore.

I went twice to call her and make several phone calls but in vain, Now I decided to move to Chennai by getting transfer in same company an call her once again to live with me if she didn’t then I have decided to send a notice with ‘ONE TALAQ’ if she comes and join me then its fine otherwise decided to give final TALAQ after she complete the IDDAT period.

One thing is sure from my side I don’t want to void this relationship still am interested but if she refused to join me then I don’t have any other choice rather than leaving her for her better future prospects. Request you to please suggest or confirm in above situation the decision which I have taken correct or not as its been 5 years now this relationship leads no where and am 35 now- in that base must think about my life as well rather than waiting for so many years of her return

Anonymous   19 April 2011 at 17:30

Implications of not contesting

I have been contesting a nullity suit filed by my wife on the ground of my alleged impotency for last 8 years (after a short 2 months marriage). The allegation is totally false and her primary intention is to extort money through alimony and drag the case. She is 39 and it is clear that she is not interested in getting married. I am 40 and want to get married. If I accept her allegations for the sake of the nullity decree, so that I can remarry, what is the implication? Can she file cheating and other criminal cases? I do not mind contesting new cases but at least I will be married and settled (unlike now). Request your valuable advise.

Anonymous   19 April 2011 at 14:14

daughter's right in father's property..

after the death of the father,
does a married daughter has any right in his father's property(not ancestral)...
if his brothers are still living..

Anonymous   19 April 2011 at 13:09

Daugthers fiiled case against Brother and Mother

My fathers sisters filed case for devidation of ancesytors property.
My Father has done there marriages and there further sadi choli and bought home and also did marriages of there daughter. and education for there daughters.
Also both the daughters took money 80000 Rs from my father 10 years back for leaving there rights and my grand mother and grand father was itness to it. but after death of our grand father both daughters went to court. One sister has given registered hakka sod patra to my father in sub registars office.
other sisters played politically, took money, refused to give hakka sod patra and also deniing for money which my father gave her 10 years back. my grand mother is witness ot it. but todays property value in crores.

Parthasarathi Loganathan   19 April 2011 at 10:05

Marriage Status

I have recently come across the following incident, which happens to be in a colleague's family, and I would like to know from experts from legal perspective:

The gist of the case, to my knowledge, is as below:

A christian lady, (did her PG, worked at big institution at Vellore, NGO at Yelagiri etc), aged around 30, fell in love with a Muslic boy. The affair went on for a year and they decided to marry. He insisted to get registered marriage and accordingly the marriage was
registered six months ago. He is ownig and running a guest house and above the guest house (which comprise of 2 or 3 floors).

Towards expansion of the guest house, the lady has helped him with some financial support. On the top floor/terrace of the guest house, the lady has been accommodated and lives. On the pretext of looking after the guest house,
he frequently excused staying overnight (most of the days). While staying with her, he used to get some phone calls and in front of her he used to speak in urdu and she never understood. Being personal call she never bothered.

She was not happy with the way he behaved and his interest in her personal life or sex life. Hence their married life has started having problems.

Now she has come to understand that the man is already married with two kids and are staying with his mother in the same city, may be less than few kms away from the guest house.

She spoke with her first wife and it seems she has asked this lady to come and stay with her. Or take the kids with you I will go away from your lives etc.

Now this lady is no more interested in the marriage.

My Query:

1. What is the course of action she needs to take?

2. What is the legal status of the marriage in the light of above?

She is obsolutely no idea what and how to proceed.

Kindly advise.

Anonymous   18 April 2011 at 21:06

married 3 months back dowry harrasment

Dear All
I would like your wise counsel regarding the issue of my sister whom we got married in the month of december 2010, the guy is a teacher and tution master, my sister works in an mnc it is a arranged marriage as the guy was working under our relative and was seen as very polite person we went ahead , still knowing that he has got one elder brother and elder sister unmarried , another two sisters younger to him and a brother younger to him, we felt that since he is good he will look after her nicely , we gave him cash and a vehicle also , we are from middle class and told him clearly we cannot afford more than that. on the day of the marriage itself the mother started asking us thatwe didnt give her the money directly and gave it to her son , the brother and sister of the groom didnt come for marriage after marriage they all started treating my sister like a slave, since ours is a respectable family we didnt want any issues on the marriage day we kept quite , they even called the groom from the reception stage and started arguing with us , but at that time the guy was good to us and didnt say anything , but soon after marriage he started harrassing my sister he has told so many lies and is a hypocrite , as my sister has to relocate to hyd she told him and he agreed but after som days he started saying he wanted to start a school and wanted ten lakhs se told him we cannot afford as we gave a dowry of 75k we can afford only that. every day he used to call her and harrass her nad wen she went to hyderabad he didnt turn up to receive her.. he said its not working out lets seperate .. today he has sent a legal notice he has not visited us also he made his brother talk vulgarly to my sister over phone..please advice us as to weather we can accept the legal notice nad how to proceed further.. we are no more intrested in him as he has been pretending all these days in front of us and torturing my sister mentally and physically when alone. after marriage his entire family started treating my sister like a slave. Kindly advise and let us know the course of action to be taken .the guy is from hyderabad and we are from vizag

Anonymous   18 April 2011 at 20:59

Panchayati Divorce

1) Girl was in love with some boy, parents of the girl were opposed to it.

2) Parents of the girl did her arranged marriage with some other boy against her will.

3) Girl stayed only for around 2 months in matrimonial home and returned back to her parental home. Now her lover not willing to marry her under any condition since she married.

4) Parents of the girl not interested in lengthy court divorce procedure, they initiate a Panchayati divorce. Panchayati divorce done mutually and amicably on court stamp papers. Both parties including girl and boy sign on it.

5) Parents of girl marry the girl second time to some NRI after showing him the Panchayati divorce.

What possible legal problems can be faced by boy if he marries another girl?

wifebetrayed   18 April 2011 at 20:56

Is it important to attend every divoce proceeding.

Is it important to attend every divoce proceeding.. How many you can miss.

Ramesh   18 April 2011 at 16:28

Is my marriage elligible to be nullified?

Date and year of marriage: 10/11 June 2004

My spouse parents does'nt allow her to stay with me till 10th December 2004.

Some how I convinced her parents, finally I start to live with my spouse from above said date.

Surprisingly, I came to know that, her behaviour was not like a normal women, all of a sudden she starts to shout... some times she excited.. she laugh without reason.. and she weep. Another interesting thing was.. she cook very nice.. she maintain the home very neat and clean.. Frequently she used quarrel for no reason... sexual orientation is totally nill... her body almost looks like a male one.

I managed some how till 1st January 2005, finally she made a big gallata, she ran and start to shout all along the street and finally she made a call to her parents. My lady owner persuade her and take her to their house that night.

Next day her brother came and take her to their home.

Till date no response from them, I myself went to her thrice to persuade, she never came to approach me, instead their parents used to respond in a negative sense as if I made the mistake.

almost 18 months back, they filed the petition for maintenance and made the allegation against me as " dowry harrasement and I quarreled with her by drunk".

Meanwhile our doctor opined as she is having some mental disorder i.e. Schizophrenia.

Kindly suggest me how best I can proceed otherwise, My life will be in vein. Now I am already 41.

Thank you very much.

Yours faithfully

Dr. A RAMESH