Anonymous
17 March 2011 at 16:08
i married a married man of 34 years.I am 23 and his second wife.he had experience a bad relationship earlier.his 1st wife made his life miserable by destroying his name and fame publicly.she wanted divorce from him earlier but now as he agrees she refuses.no one knows about our relationship & to tell after he gets divorced.if he lives separately from her will it be easy to get divorce early. what are the other ways to get divorce early as soon as poss? he is not staying with her for more than a month now.he also have a 2 years old son.please help how to move forward for filing divorce?
dasarivasu
17 March 2011 at 13:45
Please clarify whether a wife and husband legally separated long back (divorced and also married to others ) can perform afterwards their daughter marraige (born to them when they were under wedlock) under Hindu Marriage rites,traditions,customs like wedding cards,Kanayadanam,etc.as if they are wife and husband at the time of marriage though they were not actually?
If the fact of their divorce is suppressed to bride groom and his parents ,shall it amount fraud/cheating if so under what sections?
Anonymous
17 March 2011 at 11:48
Hi,
I am married for about 3 years and have a baby of age 20 days. My wife does not keep good relation with my mom (widow). She becomes hysteric at times and threat to suicide.
Can you suggest me how to handle the situation?
saurabh sarda
17 March 2011 at 10:40
Hello,
first of all i want to congratulate the people behind this briliant initaitive of online law consultation.
Sir, i have a very difficult situation and may be my query is too long for this post.But i would be greatefull if you can help me in this matter.
My mother family consisted of her father(who expired in yeah 1991) her mother who is alive and 4 siblings (3 brother and one sister), my mother being the eldest of all.in the year 1993 my father expired ina car accidnet after whcih we shifted to my mothers home. as my grandfather(mothers father) expired due to a heart attack, his property was divided equally among his five childrens and his wife equally.as there was no will created by him.
My grandfather was adopted child and even his father was adopted child in the family. so since generations the ancesteral preoperty (huge lands)was being passed to the generations.
However after my grandftaher expired, my elder uncle(who has studied law) took over as the elder family member and did all wrong things. he somehow managed many old documenst and divided the property in many parts. the ancestral property which comprises of some 42 hectaers land in the city was in the name of my grandfather, great gradfather and great grand fathers mother. so my uncle divided the land in the name of my grand father in 6 people(5 brothers and sister and grandmorther) but the other property which was in the name of my great grandftaher and her mother was divided amongst the three uncles, on the pretext that ancestoral property has the rights of only sons in the family.
Then the house property and the adjoining land was divided in the name of my grandfather and grandmother equally by my great grandfather was it was nowhere mentioned that which portion belongs to whom, it was oral dividataion as per papers.
My uncles seperated from my grand mother since last 15 years and they live seperately, they trpubled my grandmother a lot.so out of the bad behaviour my grandmother came to live with us and had made a will in the year 1996 in which she desired the entire property bedivided between her two dauthers.but my mother and aunt did not regsitered this will, as they did not feel the urge to. however in the year 2000 mu elder uncle came back to live with us and my grand mother, everything was going normal, but suddenly in the year 2002 when me and my mother was away, my uncle emotionaly blackmailed my grandmother to make a will of her property in his and name and said he will cancel it later. he very smartly first theft the old will(which was not registered )from the safe almira of my mother and instead of making a will he made a Gift from my grandmother in his name of the house shae and adjoining area surrounding it.
we came to know about this in the year 2006, when we and my grandmother questioned my uncle about this he became furios and left home again after fight with family again.
now my query is :
1
0the prooperty in question (my grandmothers property) was not divided share, it is no where mentioned which part of property belongs to my grand ftaher and which part wlongs to my grandmother , then how come my uncle can divide it and can take gift of the property he wanted?
2)does there is any rule that property belonging to ancestors (great grabdfather)is to be divided only in sons of the family and daugthers dont get any shares
3) my grandmother wants to cancel the gift and wants to get back her property from son,can we file a case against him, because my uncle is troubling my grand mother a lot and dont support her financially.
4)my grandmother has made a will of her remaining property in the name of het 2 dauthers in the year 2007 and we have registered it, is it fine with the will or should we make it a gift, because we are affraid that after my grand mother wont in this world, my uncle will want to have a share in her property and can shallnege the will.
4) please let me know how can we move ahead in this matter, also can you please suggest some good lawyer who can lead our case. as we belong to Akola city in maharshtra, where no lawyer is that good to fight our case, because our uncles are quite influential people here in town and the lawyers here are known to them.
we tried and discussed our case with many lawyers but no one wants to come forward to it.
please bear this long mail and kindly advise us the right way to go ahead with this case.
we entire family would be gratefull to you.
thanking you
saurabh
Anonymous
16 March 2011 at 19:31
Ld Counsels,
Under what provision of law a petition can be made before the high court for setting aside a proceeding initiated by a IA before the family court.
Will a writ petiton serve the purpose in this case. The contention is that the family court has erred in law by permitting the IA.
Please clarify
Anonymous
16 March 2011 at 18:45
i married a married man of 34 years.I am 23 and his second wife.he had experience a bad relationship earlier.his 1st wife made his life miserable by destroying his name and fame publicly.she wanted divorce from him earlier but now as he agrees she refuses.now what are the other ways to get divorce early as soon as poss? he is not staying with her for more than a month now.he also have a 2 years old son.please help?
Anand
16 March 2011 at 18:08
4 year back my father purchased house and put it on my and my mother name. 2 years back while my marriage my house was in name of me and my mother. After one year of marriage I transferred my share to my mother name due to problems between me and my wife.
Sincce last 1 year I am staying in rented house with my wife. Before 15 days my wife left rented house putting false blame on me in police station. My wife was also demanding to stay in my mother house. Can my wife still seek right to reside in my mother house?
Anonymous
16 March 2011 at 16:04
Respected Experts,
I and my wife living separatelly since 2006 but I lost the divorec case moved under SECTION 13 (1)(ia)and (ib)of Hindu Marriage Act, 1955 in District court.
Now can I move new Petition for Judicial Seperation under Section 10 (i)of Hindu Marriage Act, 1955.
Any others advice is welcome as this stage restitution of marriage is not possible from my side is not possible nor from her side. But she is intentionally tortureing me.
Vinu Priya
16 March 2011 at 14:04
I got married in the year 1997 - Love marriage. Presently, iam living alone. i have described in my attachment. I realised he has betrayed me. I don't have any other support. He is in the intention of applying for divorce. Pls go through my attachment and advice me what shall I do?
please someone help me. I am desparate.
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living relation
is living togather relationship accepted by laws? If yes, whether a living togather relation with a married man who is not divorce but living separately from his wife accepted by laws?