dipankar
27 February 2011 at 10:50
Dear experts,please help me.First of all my inlaws are remarrying my wife as we secretely married and we are intercastes.So they are remarrying my wife.We married in a temple.As proofs of marriage I have got marriage photo,witness and priests certificate.we both are hindus and were adults at time of marriage.
Now on the advice of experts I have lodged civil cases like section 9 of Hindu marriage act,my lawyer is sending them a Show cause notice,and we are trying to lodge injunction /decleration suit against my inlaws as well as my wife.
Now my question is they are taking these cases lightly,as probably some lawyer has told them that in civil cases nothing happens.They are not appearing in any of the cases.They are not worried about badnami or losing respect in society.So what can I do now,or is there any ground for criminal case.Pl note that she has not been remarried but they are trying to remarry her.Please guide what further steps can be taken.
Anonymous
27 February 2011 at 09:55
I got married on 26 November 2010. Except a brief encounter on the first night, my wife refuses to have a sexual intercourse. During the honeymoon she slept on a separate bed. In another outstation trip, when I asked her to join the two single beds, she slapped me twice. She displays no love, care or tenderness towards me. She has a volatile temper and even gets violent on occasions. She is from a poor family and wants to enjoy all comforts and financial power available now without feeling responsible. She has gone to her native place to be with her family for some time. I want to divorce her and restrain her from returning. Kindly advise feasibility, grounds and procedure urgently.
I own a house for the last seven years. How can I safeguard it? Can I sell it or transfer it to a family member.
Anonymous
27 February 2011 at 00:00
Hello.
I've been referred to your site by a very credible source. I hope you can help.
Recently my childrens father ran off from home with is subordinate at work and started living with her. When he ran off he filed for divorce and in a year we had a court trial and the divorce was finalized.
I have sole custody of my two children (ages 3 and 6). I live 5 hrs away from the childrens father. Their father and the girlfriend live together in another town. I am alone and have no support in the town I live.
The court issued a parenting plan that dictates father should see children every other weekend; in summer, one week with me and one week with the father - alternating weeks for the whole summer.
Father also gets some extra wknds during the year. Father does not excercise all of his time. He and his girlfriend also hit my children and neglect them very much. Children have to travel 10hrs by car every other weekend and they are exhausted and are in very much distress with the mental and emotional abuse from father and his girlfriend.
I would like to know if I can file a case against father in India so that he is deported back to India or any such case that will require him to come back to me for childrens sake or completely let go of me and the children so we can live a "life"? Can you please help?
I look forward to your reponse.
kind Regards,
Deeply Concerned Mother
Anonymous
26 February 2011 at 18:06
Dear sir/madam
this is sanpreet this side one of my sisters was married but due to some family problems she had a mutual divorce with and durind that period she had a baby
knowing all these a boy meet her her married with the permission of his family and legally adopting the child and from the past six months he left her and returned to his family house girl asked but he refused to keep her and had hidden cams been installed at his house to record the conversation a case is going on but i want to ask that in any case can he give a divorce where girl doesnt agree
please give me a reply
Anonymous
26 February 2011 at 00:48
dear experts I hope you remember me. My friend has been allowed divorce in family court and she got the house as permanent alimony. Now her ex husband has appealed in the high court against the judgment. Now he is saying he is ready to pay money in lieu of residence. And the present value of this flat is 15 lakhs ( In court my friend has given valuation of the same flat as 27 lakhs. The valuation was done by a govt. valuator and he has admitted in the cross examination that this much is the value of the flat). In his appeal he said he cannot give this house as he has no other place to stay when he is in the city. He stays in a different city. He admitted in cross examination that he gets only 15days leave and his two minor children and ex wife (he is divorced twice) went to him in summer vacation of kids. It was admitted by him during cross examination he has admitted that he is having three houses (one is commercial room and other two are residential flats) and my friend is staying for last 7years in one of these flat. Court has asked him to produce sale deed within 4 weeks of time. Now the issue is that with 15 lakhs my friend cannot buy a flat. She insists in family court for the flat because she thought shelter is important for her. She said in family court that she will keep some paying guest and do something to her caliber. She is simple graduate and her husband is highly qualified engineer and studied aboard. My friend is worried that if she is given 15 lakhs of money she would not be able to buy a house. Please advise what strategy she should take to get the flat as a permanent alimony (which is already given by Family court) from High court and to dismiss his appeal. regards Naz
Knowledge Gainer
25 February 2011 at 18:39
I am facing matrimonial case u/s 13(1)(ia) of the HMA,1955. I am appearing in-person in the Court. On Last Hearing I received proposal for Mutual Consent Divorce from her lawyer. I told send me term and conditions of Mutual Consent Divorce and give me some time to think.
Please help me that while accepting terms and conditions, what precautions Should I take?
Also suggest points to be included in petition for safer side of mine and my family members?
There will be no maintenance and alimony so what should be included that she don't demand the same in future?
Can I include that she will not demand any maintenance u/s 125 CrPC in future? Also rights in property present or future? We have no issue out of the wedlock.
Anonymous
25 February 2011 at 17:11
My wife has filed a suit against me for Restituion of Conjugal Rights u/s 9 of HM act in delhi, India. suit is pending.
1. What happens if the court allows her petition for Restitution? . If I don't comply with the Restituion order? Can they attach my assets.( property) at time execution of decree.
2.If yes in what circumstances.
3. Iam also paying maintenance u/s 125.
Suchitra. S
25 February 2011 at 12:42
Respected experts, I will be greatly helped if anyone can provide me the case law details of Razzak Khan v/s Shahnaz Khan 2008(4) MPHT 413 MP
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Can lok adalat pass annulment/divorce decree without the consent of both parties?
I have been contesting annulment/divorce petition filed by wife on ground of my impotency, also have filed RCR. The counseling failed and her evidence session is going on. On last date some how she submitted virginity test certificate and asked for mediation for settlement. The judge referred the annulment petition for settlement and RCR petition for lok adalath. So, does lok adalath have power to grant annulment/divorce or force any settlement without the consent of both parties? Family courts refer cases to lok adalath or permanent lok adalath? What if I am not appearing before lok adalth and want to decide the caes on merit in court?