Anonymous
11 January 2011 at 15:52
If husband plans to file case for divorce on the ground of cruelty then what preparations are required before filing the case and what proofs would be required in the court to prove the crelty.
What will be the stand of wife and if she also says that she also want divorce then court will refer for MCD or both will have to contest the case.
These days how much these types of cases take.
Kindly advise.
Anonymous
11 January 2011 at 15:46
If spouse has deserted what is the best course of action:
Pre-Litigation Mediation
RCR
(How much time it takes to get decree)
Divorce
(How much time it takes to get decree)
What are the pros and cons iof these options from the point of view of husband and impact on maintenance etc.
kamal
11 January 2011 at 15:22
hi, am 21 and my girlfriend is stepping 18 this month my girlfriend's parents are against our relationship ....... actually we planned to marry after our studies but her parents are planning to marry her to some other boy as soon as possible ........ my girlfriend is ready to leave home an marry me against her parents we are a same caste and close relations my question is when we marry legally can her parents log a complaint against me? and i have got a warning from her parents side.... if we marry as per our wish and according to the law will i get a police protection ?
Anonymous
11 January 2011 at 15:13
Dear Experts,
My Wife is currently staying away from me living with her sister's family at Delhi. We have a 5 year old son who is with me. We were married at Hyderabad in 2004.
She left from Hyderabad about eight months ago to appear for Exams at Indore where her parents live. She was supposed to return after completing exams. However, her mother and sister made her to stay back. She refuses to come back and does not even want to talk to our son over phone too.
The reason:
1. Her mother and sister have seen my Atma (soul) doing all sorts of things to them that is making their life miserable.
2. All the diseases and their personal problems are caused by me and my mother.
3. After some time my wife too started seeing my soul around them at Indore.
4. As per them, I, my mother and my son all are evil spirits living as human beings.
5. As per them, We are even causing problems in my co-brother's business.
----I
I have tried to convince my wife in many ways, and even tried to convince her through her maternal uncles families. She is not in a listening mood.
They do not say all the above reasons with police or any outside people.
They have lodged a harassment complaint with police at Indore, when I went there to try talk to her. Her mother has not allowed her to talk to me privately even for a minute. My father-in-law and my wife's younger brother are on my side but my mother-in law is preventing them to do anything. Both my father-in-law and mother-in-law are not in good terms. My mother-in-law had accused her own son of trying to kill her through black magic.
I want my wife to come back to me and I will take care of her health and treatment, if required.
What is the law under which I can proceed to get my wife's custody? What is the way to expedite the process/ get her custody at the earliest? She is suffering. Please help. I can provide more details if you need.
Shirish Patil
11 January 2011 at 13:06
Hi Experts,
few days back I filed a case as a lawyer on behalf of my friend for mutual consent divorce. Groom paid 4 laks as one time maintenance amount to bride on the day when we filed petition, which is also mentioned in the petition. We have a doubt that bride will not appear before the court to harass my client on the final hearing after mandatory period of six months.
My query to seniors that,
1) Remedy, in case if bride avoids the appearance in the court,
2) can the case fall under irretrievable breakdown of marriage,
3) when the new amendments to hindu marriage act n spl marriage act are likely to come in force.
Please advice,
thanks in anticipation.
Anonymous
11 January 2011 at 11:41
Pending divorce case where husband and wife stays away for more than 8yrs.The husband is not paying maintenance and is staying with another woman and has got a kid of 9 months.Not read to pay alimony and the case is pending?Like in one query will there be any legal action if it is more than 7years and what will be the best solution to dissolve this marriage.The property is attached by the court (husbands)and the settlement negotiation is not done yet.Pls give a genuine answer.thanks
Jyoti S. Ansari
11 January 2011 at 11:16
I am Hindu Girl and got married to a muslim boy on 18.05.08
This marriage was arranged by my parents. We do have marriage photographs and it was solemnized in a Community Centre in Delhi
I am resident of Delhi since my childhood and my husband belongs to Bihar.
At present we are staying in Kishangarh, Vasant Kunj from past one and a half year.
I would like to know that procedure for getting marriage certificate under special marriage act.
And if someone can help us in this, then please let me know
Thanks
Jyoti Ansari
Anonymous
11 January 2011 at 09:29
sirs,husband filed for rcr.she filed under 125 of crpc.in the notices she stated the total false allegations and also vague.in conciliation process under 125 crpc she demanding a statement from me that i wont do any thing.total mistake of her &parents revealed in front of councillor.
1)why should i write the statement with her own mistakes.
2)"without giving the statement and asking for conciliation without conditions"is it my refusal for conciliation?how should the court take?
3)"she is taking the advantage of her own wrong"on this point can i contest in higher court as i am not refusing her only as i am asking dont put conditions.if they desire i am ready for trail after conciliation also.
pratap reddy
10 January 2011 at 21:54
I am an husband married on 8th November 2009. I am suffering with my wife tortures like she want to separate me from my parents and want all her control on my earnings and also threatening from her and her parents that, if i don't come into her grip she and her parents will file cases on me and my family members. I am facing this type of mental tortures from her since the 4th day after my marriage. She also not agreed for sexual intercourse.
For the last 14 months she is residing in her parent’s home in Suryapet, with out taking visa to join with me in Italy and also not living in my house in Macherla in India with my parents even though I requested. She told that, she do not want to stay along with my (husband) parents and also she told that, since last 5 years prior to our marriage she loved a boy but her parents denied to marry her with him and her parents further searched for a rich orphan well settled boy to marry, after she completed MCA degree in 2004(this she told me within 10 days after marriage). This shows that clearly her cruel mentality and cheating nature of her parents.
I totally cheated by her and her parents as they told during marriage discussions that, she is good girl well co-operative and adjustable girl, and even i informed her and asked for co-operation agree during the engagement day itself that, my parents will stay with me only instead of my brother as my brother is economically week. Then she agreed but after marriage is over, she started the torture which is actually her real character. Even she did not tried to complete VISA procedure to get Visa in India to join with me after my several requests.
Now i am in very disturbed state of mental condition, and i am unable to do my research projects also not in a well concentrated mind in the university in Italy. Her behavior and threatening in phone conversations till the April 2010 end (later i stopped phone contact conversations with her cruel way of thinking and mental torture to me) made me totally mentally disturbed.
I am working on scientific project in Italy, these tortures are very much disturbing me and causing threat to my scientific future. I decided to take divorce as I think I am unable to continue marriage life with her. She is staying till today in her parent’s house and she only stayed 1 day in my home during marriage reception.
Sir recently on 25th Nov. 2010, my parents had discussions with her parents among the sacred mediators in my sister and brother-in-law house (it is the same town of wife). During the discussions my parents brought the issue what I am suffering and my family suffering with her attitude and her talks with me in telephone conversations (like she do not like in-laws and wants to separate me from my parents and demanding my salaried to transfer into her accounts instead of my parents etc.,). And my parents requested o stay with them coming to my home in my town, and also requested assurance bond from her parents and from her, that she has changed completely and behave in good moral value girl and mingle with in-laws and co-operate with our well reputed (in my town) family and system.
But her parents denied and moreover threatened in an abused manner that, their daughter won’t come to our (husband) parents home and also they denied to take the chance to keep their daughter with my parents home for the betterment of her change in mentality. Moreover they immorally demanding that, I (husband) have to bear all her tortures and behaviors as I had tied the sacred thread to her neck. But sir really speaking she never co-operated for the costumed family way of living in the days I stayed in India after marriage, and even not behaved in a decent wife way of talks in telephone conversations. Sir I am severely suffering with her behaviors as my profession highly needs a peace of mentality.
Further her parents also threatened my parents that, if I (husband) do not obey her (wife) all desires (which are actually abnormal) they will do dharna in front of my sister-brother-in-law home and demanding my(husband) immediate return to India. If not they will files cases on my family and myself. Also her (wife) father called to my mobile in Italy and threatened me the same on the same day after the unfruitful discussions and warnings to my parents by them (wife parents).
Sir immediate to the next day (26th Nov. 2010) her (wife) uncle (age is around 45) intimated to our relative at my sister and brother-in-law home that, they will file a petition in the court against my family and myself.
Sir here I once again request you to keenly observe her and her family behaviour and talking’s and their moral values and the way they resolving the issues (very immoral and arrogant and torturing way) in the discussion meeting with my parents. All these things highly disturbed me mentally and all my threshold limits were broken. Being my self cheated by her and her parents and her family non moral values and their tortures since last 14 months. Hence now I decided to get separation from her from the marriage bond, otherwise it (wife and wife family) will totally spoil my mental piece, bright scientific future , totally me and my well reputed family system .
Kindly also suggest me filing the divorce petition, that would protect me by dissolution of the decree of marriage certificate to relieve from the cruel wife and her parents.
Thank you very much
PRM
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PROPERTY IN MALWAN , SIDHIDURG ,MAHARASHTRA , INDIA
MR.P HAS PURCHASED A HOUSE . MR. P HAS 3 SONS NAMELY A , B ,C . ALL OF THEM ARE MARRIED . MR.A HAS 1 DAUGHTER SAY ASHA.
MR.B HAS 2 SONS & 2 DAUGHTERS NAMELY RAM , LAXMAN , SITA ,GITA . MR.C HAS 3 SONS NAMELY LALIT , AJIT , AMIT . MR.P DIES WITHOUT MAKING A WILL . AFTER SOME MONTHS, MR.A ALSO DIES.
AFTER SOME MONTHS , MR.B ALSO DIES . AFTER SOME MONTHS , MR. C & HIS WIFE ALSO DIES . MR. A's WIFE TRANSFERS 1/3rd PROPERTY TO HER DAUGHTER - ASHA WITH THE CONSENT OF B'S CHILDREN & B'S WIFE . AFTER SOME MONTHS , A'S WIFE DIES .
NO WILL IS MADE .
NOW SITA IS MARRIED & HAS 3 SONS .
GITA IS ALSO MARRIED AND HAS 1 SON & 1 DAUGHTER .
RAM HAS 2 DAUGHTERS .
LAXMAN HAS 2 DAUGHTERS & 1 SON .
RAM , LAXMAN , SITA , GITA AND ASHA LOOKS AFTER THE HOUSE FOR GENERATIONS . NEITHER LALIT ,AMIT NOR AJIT NEVER VISITS THE HOUSE.
AFTER MANY YEARS, MR. B'S WIFE DIES. NOW LALIT SUDDENLY COMES BACK .
HE HAS 1 SON .
AMIT HAS 1 SON .
AJIT IS ALSO MARRIED NOW .
I WANT TO KNOW THAT WHETHER LALIT ,AMIT AND AJIT ARE SUPPOSED TO GET THE PROPERTY OR NOT . IF YES WHY AND HOW???
I WANT TO KNOW WHETHER RAM , LAXMAN ,SITA, GITA & ASHA WILL BECOME OWNERS OF THAT PROPERTY AS ONLY THEY LOOKED AFTER THE PROPERTY .
I ALSO WANT TO KNOW ABOUT MEANING OF SELF-ACQUIRED PROPERTY , ANCESTRAL PROPERTY AND ALSO ABOUT INHERITED PROPERTY.
PLEASE GUIDE ME (BEFORE THE HOUSE FALLS).