Anonymous
14 February 2011 at 18:05
We had a lot of problems. My wife asked me to vacate the house. I refused and My wife doesn't want me to stay with her.In order to send me out of the house she filed a 506a. Even she told me that if i had vacated the house, she would have file a complaint. she filed 5 months back.
She is neither ready for divorce or ready to stay together. She thinks,if some case is pending against me, i will not ask her to take a decision. She is happy and doesn't want to take any decision. she told this also..
Still no charge sheet is filed..How log it will take to file a charge sheet?
Now what to do ,shall i apply for divorce?
She is not agreeing for divorce. if i apply how long it will take to get divorce?.
My wife is working as a manage in IT industry..i dont know any proof about her income. I know only her PAN number. is there any way of getting her income proof by using PAN card?..She also has own house in Bangalore.
I dont have any property or house.
please advice me
We have a son of 6 years old. and staying with her.
Anonymous
14 February 2011 at 15:20
WE GOT MARRIED IN 2003 BUT NOW MY WIFE IS STAYING WITH SOMEONE ELSE AS SHE HAS EXTRA MARITAL AFFAIR WITH HIM ALONG WITH MY 7 YEARS OLD SON FROM LAST 2 MONTHS. SHE IS ASKING ME FOR PANCHAYATI DIVORCE AND THREATNING ME NOT TO GO COURT FOR DIVORCE. SHE IS ALSO ASKING RS 15 LACS FOR MY SON;S CUSTODY TO ME. I'VE AUDIO PROOF'S, WILL THIS HELP ME IN THE COURT CASE?
shafeela
14 February 2011 at 09:00
My muslim widowed mother(76 years) is staying with house maid alone in fathers house.The eldest daughter in law and sons has tortured my mother mentally and she has been taken for psychiatric treatment before 3 years and kicked her out of the house. Then my mother gave 19 cent plot in her name to the grand son and made them leave the house and was staying with the maid since then. Now they have compulsorily come to the house and started staying there and telling its their property so will not leave. My mother has 7( 2 died) sons and 3 daughters.What is the law helpful?
Anonymous
14 February 2011 at 07:45
Ashwin (name changed for confidentiality), a relative of mine, got married in the year 2001. At the time of his marriage Ashwin was working in a private company at Mumbai. He and his wife Rajni (name changed) led a happy life for about four years. Every thing was going well between them during this period. Ashwin’s actions amply prove that. For instance, Ashwin took out a few insurance policies on his life and nominated his wife as the beneficiary. Similarly, in all his other investments, Rajni was the only beneficiary.
While aspiring for advancement in his career Ashwin switched a few jobs and was generally doing well. For about a year and a half he was based in his wife’s home city Allahabad where he was working for a contracting firm. Unfortunately, things didn’t work out very well and he couldn’t successfully continue to work for this firm. Ashwin then tried his luck in business and started his own small shop in his home city Kanpur. The business was small and the income was low. Though Ashwin’s parents adequately supported the couple, Rajni started feeling financial constraints. In order to provide Ashwin with more flexibility and time Rajni decided to leave him alone for a couple of months and went back to her parents’ home in March 2004. She kept in touch with Ashwin via telephones from there and continued to motivate him for trying harder.
Not satisfied with the income he was able to generate from his small business at Kanpur, Ashwin took a new job in Mumbai in August 2004 and shifted base. He did very well in this job. His career has progressed exceedingly well since and he is now working for Reliance at a reasonably good salary in Delhi. Despite his excellent career growth and significantly better financial position, his wife wasn’t impressed and decided not to return to him at all. For last about seven years, Ashwin and his family have made numerous efforts to bring her back but have not been successful. The only reason she gives is that Ashwin’s family did not adequately apprise her and her father of Ashwin’s salary and his financial status before arranging this marriage. Had they known that, this marriage would not been possible. More than six years have now passed and the couple haven’t cohabited even for a day.
Though Rajni is not willing to return to her husband at all, she is averse to the idea of legal separation too. It is understood that she is practising law in Allahabad High Courts. Ashwin is terribly shaken. He is unable to understand his wife’s motives behind all this.
How to break this impasse? Ashwin has almost reconciled to the fact that he may have to lead a lonely life. In regards to filing a case for divorce, some lawyers have advised him that if he goes ahead with this he may lead himself to a worse situation. This mainly assumes that if a divorce case is filed, there may be a retaliatory case from Rajni in which there may be an attempt to implicate him and his family in some forged dowry or harassment charges.
What will be the best course of action for Ashwin to pursue further? Is it mandatory to file an RCR suit before filing a divorce appeal? Whilst the chances of rapprochement appear to be very bleak now, it will not be very difficult to prove their physical separation for more than six years.
Anonymous
13 February 2011 at 13:40
B married in the guardianship of his elder brother, B is mentally ill but that too recognized after 3yrs of marriage, now B has got 2 child, 1 is male(2 yrs) and the other one is female(4 yrs),B has same ancestral land and he is uselessly selling his land without giving a thought to his future and also he is not doing anything to earn his beard and butter, so in such case wife of B i.e A wants to occupy the ownership of the land so as to keep her and her children future secure.I want your suggestion on this case so that the purpose of A gets fulfilled.
Anonymous
13 February 2011 at 12:06
I am a 35 year old guy been married for 11 years and have a son who is 4 years old. i am my wife had issues right from the start which led to lot of fights and i was also subjected to physical and verbal abuse by her. When the same was not getting resolved, i moved out of the house in april 2010 and have been staying out since. i have been paying my sons school fees and also saving money for him in a bank account. I need to know how can i go ahead with the divorce and whether staying seperated for 1 year without any contact is a ground for divorce and will be same be easy or will have to be contested.
Dr. MPS RAMANI Ph.D.[Tech.]
13 February 2011 at 10:52
This query was asked under queries and the answer of expert was No, which was wrong. I could not answer because I am not an accredited expert. But the answer "No" is wrong. The "No" answer is valid only according to Hindu scriptures and the khap panchayats of Punjab and Haryana. The Hindu Marriage Act prohibits marriage between first cousins only whether maternal or paternal or cross. Marrige between individuals beyond first cousin, whether maternal or paternal is permitted under all marriage Acts of Parliament. It is very unfortunate that so called experts only reply. Experts also can give wrong replies.
Laasya Priya
12 February 2011 at 17:19
A forward caste male married a S.T. Women they gave birth to a male child and obtained divorce after 5 years. The child is living with his mother. Does the child is entitled to claim S.T. status. Plz suggest some case laws connected to this case.
Anonymous
12 February 2011 at 17:18
i was married in 2008 as per indian christian marriage laws. My marriage lasted for about 3 months. My husband was in the US. After three months of marriage, he happened to run away with all my money and thereafter i didnt hear from him for a very long time until lately.
As we werent in touch, i filed for divorce and got an exparte decree in 2010. Now my husband has approached me for a divorce. My lawyer suggests that its better to file for divorce on mutual consent. I am wondering why my ex parte decree wont help! Do i have to file for divorce again?
What are the proceedings for mutual consent? How long will it take for that to come into effect?
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MUSLIM TALAQ
SIR,
one of my client approached me and said that he no longer wish to live with his wife, as she is morally loose in charector, and hence wish to be seperated from her.
( both are muslims and are governed by mohammedan law )
he asked me to write a talaq(in triplicate) on behalf of him, one to be send to her , by registered post, and one to her mahal committie, and the other to his own mahal committie.
is this procedure enough for a valid muslim divorce ?
whether it has got any legal sanctity ?
if so, can any body furnish me a format of such a talaq ?
is it not necessory that a talaq should be pronounced by the person concerened himself ? or whether an advocate can be entrusted with such duties ?
pls help me .
thanks in advance .