A suit for damages filed by husband, against wife and her family members has been decreed, for loss of emotions, consortium, and love and affection.
The factual back grounds of the case are that husband and wife are living separate since last five years, and petitions filed by wife u/s 13 HMA and 125 Cr.P.C. have been dismissed. whereas petition filed by husband u/s 9 of HMA has been allowed, and appeals in all these cases are pending. in addition to it husband has not filed any execution in pursuance of decree passed in his favor u/s 9 HMA.
Now the trial court has allowed the claim of husband to the tune of rs. 1,00,000/- with interest @ 9% P.A.
I want to know whether such a suit is maintainable under any law relating to marriage in India. So far my knowledge is concerned I have never come across any such thing declaring law of consortium as applicable in present situation.
Please help.
Anonymous
12 April 2011 at 11:05
Dear Sirs
I am resident of Chandigarh and married to a himachli girl who born in himachal. after marriage we are living in chandigarh and i want to buy some land in himachal pradesh in name of my wife as i being non himachali cannot buy land there.
there was some ancestoral land was there with the grandfather's name of my wife and I approched him to get some land in her name even payin the cost but he just not did anything and just promise. now grandfather of my wife is dead and somehow my inlaws got land transferred to the names of my wife's brothers but nothing on her sister(my wife's) name even I ask them hundred times.her father was dead even before our marriage. Being a self made man my concious don't allow me to beg to them so I stop having anykind of relation with my in-law's family. but I want to buy a piece of land there without the help of my inlaws there are few of relatives there whom i help financially and they may can do me a favour. My querry is if any cousin's or uncles of my wife can gift land to my wife? or is there any other way I can buy land in himachal pradesh. If any himachli born(my wife) can buy any commercial or industrial or agricultural land any way.
thanks
jiten
12 April 2011 at 01:55
* jiten says : matrimonial
* jiten says : matrimonial my wife was living with in-laws from last 1year seven month she was blaming me that i am demanding dowery it was totally false she demanding me mantainence und..sec125 we have settlement in mandla court that i will pay her 3lakh in full and final as mant.. she said me she will give me divorce and we will live saperately 1lakh ipad there and it was decided that 50 thou..i will pay at raipur when we will five petition for in mutal concent and rest at the time when we get the decree after 6 month no she was not appear in the court what can i do in this situation shall I GET Divorce in this situation i have this thing in written.i have a son of 4year how can get her custady please replay. What is the ground for me to take divorce and how much time it will take
jiten
12 April 2011 at 01:53
* jiten says : matrimonial
* jiten says : matrimonial my wife was living with in-laws from last 1year seven month she was blaming me that i am demanding dovery it was totally false she demanding me mentainence und..sec125 we have settlement in mandla court that i will pay her 3lakh in full and final as mant.. she said me she will give me divorce and we will live saperately 1lakh ipad there and it was decided that 50 thou..i will pay at raipur when we will five petition for in mutal concent and rest at the time when we get the decree after 6 month no she was not appear in the court what can i do in this situation shall I GET Divorce in this situation i have this thing in written.i have a son of 4year how can get her custady please replay. What is the ground for me to take divorce and how much time it will take
Anonymous
11 April 2011 at 22:33
Dear Lawyers,
Is it possible for the familiy court to frame a preliminary issue of malice on the part of petitioner in obtaining a decree of divorce.
Will malice vitiate the entire proceedings set out in the divorce proceedings.
Please clarify.
Anonymous
11 April 2011 at 21:33
Please provide application format of sec 9 hindu marriage act
thanks
yds
Anonymous
11 April 2011 at 18:30
I have a child who is 10 months old. I lost my wife a couple of days after my daughter was born. My daughter stays with her maternal grandparents. Sinee i got married ago a few months ago, my daughter's maternal grandparents are not allowing me to see my child and not allowing me to keep her on sundays. i used to bring her to my home on sundays before marriage. now they are not allowing me to do so.
A few things to note
i am a muslim and i am legally married again
what are the options for me to
a) get visitation rights to my child
b) take back the custody of my child. note:as per muslim law, she has to be brought up by them it seems.
please advise.
Anonymous
11 April 2011 at 18:11
Wife filed suit for RCR. When the suit was pending she filed an I.A seeking maintenance. Later a compromise was brought out based on which wife went to live with his husband as such the Suit was disposed. Later the wife parted way with her husband again and now she has obtained an order under the earlier I.A.for maintenance and has brought out E.P based on the same. When Original Suit has been disposed , is it lawful to bring out the E.P based on the order passed in I.A in the disposed suit?
Anand
11 April 2011 at 17:06
Hi,
Can anybody tell me good lawyer for domestic violence case in Mumbai.
My wife family is from political background and they are expert in taking people on their side by their influence.
Thanks
Anand
Mutual Consent Divorce
HELLO ALL LEARNED DIVORCE DEED WAS REGISTERED IN THE OFFICE OF THE REGISTRAR OF MY CLIENT SHE APPLIED FOR THE PASS PORT OFFICE FOR THE PASSPORT BUT PASSPORT OFFICE DEMANDED THE DECREE OF DIVORCE FROM THE COURT NOW I WOULD LIKE TO FILE PETIION UNDER THE SECTION 13(2) OF HINDU MAIRRAGE FOR THE MUTUAL CONSENT DIVORCE NOW MY QUREY IS THAT SIR CAN I ATTATCH THE DIVORCE DEED AS DOCUMENTARY EVIDENCE LIST AND CAN I STATE THE CAUSE OF ACTION THAT FOR THE PASS PORT THE REQUIREMENT OF DECREE OF DIVORCE AROSE PLS SUGGEST REGARDS