Advocate Umesh
31 December 2010 at 11:02
Respected Advocates,
I have filled Suit for Deceleration of Marriage as null & Void on ground of by born wife is mentally ill and her IQ is less.
In WS wife denied the fact, but she has treated at one doctor before marriage. can I summon that doctor to produce documents and to compel to give evidence on affidavit before court before framing ISSUES, if yes under what provision or order & rule of CPC. please guide,
Thank you.
maradana
31 December 2010 at 10:58
I am staying in US. I got married in India on 24th July,2008.
After marriage I did not take her to US as I had plans to comeback to India Permanently.
After marriage often I used to come to India but we never had good time together.
She never talk to me. I lost interest in her and in marriage.
Last time when I came India we both lived together for 1 month but there was no change.
I told her if this is the case I can not live with her.
Then her family memberrs threatened me that
they will file harrasment case and seize my passport and they will make sure that I will not leave country as I am US citizen.
I have dual citizenship. so I left to USA immediately in July , 2009.
After that she filed case 498A,10C against me , my parents and 3 brothers.
Date of charge is 15-3-2010.Case has been filed in tirupati, AP .
We are basically from tirupati, Andhra Pradesh.
But After mrg we never lived in tirupati , we only lived in Chennai. Later on my parents also moved to chennai.
Two of my brothers are staying in Tirupati now.
Now she is demanding 1 crore to give divorce.
I want to come to India but she filed cruelty case on me in May of 2010 in local police station and they sent a look out notice
for my arrest in all airports in India.
We have a record of her saying mediator that we really do not have any problems in marriage life.
And also when she filed FIR she gave wrong dates Where I was not even in India.
Locations and dates she mentioned in the FIR are all false. We have proofs for that.
Now case is in court. But, not even one session happened till now. It is keep on getting postponed.
It is really false case but I need to come to India to prove that.How can I come India in this situation.
Can I put any case on her?
Anonymous
31 December 2010 at 10:50
Respected Advocates,
I have filled Suit for Deceleration of Marriage as null & Void on ground of by born wife is mentally ill and her IQ is less.
In WS wife denied the fact, but she has treated at one doctor before marriage. can I summon that doctor to produce documents and to compel to give evidence on affidavit before court before framing ISSUES, if yes under what provision or order & rule of CPC. please guide,
Thank you.
Saurav
31 December 2010 at 10:42
Dear Experts,
I request all of your assistance and advice for the following:
My brother who is married in the year 2005 has a kid. Due to some heated argument with my father, my sister in law was not coming to our home since 2007. All our efforts to convince her also failed. Recently she filed an FIR with the local Mahila Police station under the following sections: 498 (a), 294,506, 34 of the IPC and 4,6A of the DP act. As a reason of which my parents and my brother got arrested and convicted for 15 days. In fact we are not at all involved in any of the activities like dowry, torchure and usage of abusive languages, my parents are both retired teachers. Without investigation they got arrested and fabricated facts were published in the local news papers. After the bail, it is difficult to lead a normal life due to societal factors. Hence request all of your advice to prove our innocence and next action to be taken in this regard. Following are some of the brief particulars:
 The marriage was solemnized in the year 2005 as per Hindu Rituals
 No dowry was demanded and given except for the amount given by the bride’s side for purchase of dresses and blazer for the groom
 Not even a single time we have used any hard words
 My brother was working in Pune and due to depression; he has quit his job and unemployed for the past 6 months.
Will it be difficult for my brother to get a good job since he was convicted in jail? Are there any organizations which help the husband of any legal guidance to fight his case and prove his/his parents innocence?
Sincerely request all of you for the valuable inputs to defend our genuine case.
Regards
Anonymous
31 December 2010 at 09:22
WE HAVE BEEN MARRIED 6 YEARS. MU WIFE IS WORKING. SHE IS NOT READY TO LIVE WITH ME.AT THE SAME TIME SHE IS NOT READY FOR DIVORCE.
SHE HAS FILED 506A AGAINST US. I HAVE A EVIDENCE THAT SHE IS CHATING WITH SOME.
is there any way for filing divorce??..pz tell me...
Anonymous
30 December 2010 at 16:53
We are married for 4 years and we stayed 3 years in US after marriage. Both of us earned there and we used to spend my money and save her money for future savings. Last year after returning , my wife started to get in touch with her ex and now wants a divorce from me and her money back. Worst thing is that I got my wife her job with current employer.
I want my wife back and there is no fight between us. she wants to marry that rascal who is spoiing my family life.How to deal with this cheating ?She has used me for 3 years for making money and enjoy all the comforts and roam around the world, till her ex finishes his masters.. I feel so disgusted my her behavior and tried to bring her to senses, which she refuses and filed for divorce on divorce harrasment charges on my parents and me , although I dint take one paisa as dowry (We belong to very decent family). how to bring my wife back or prove her cheating credentails to the court and not pay her any alimony or for that matter any money.
sasi
30 December 2010 at 14:28
No doubt under muslim law a muslim male can marry four times.. but the query is whether he should marry only muslim females or can he marry other caste girls. Under which provision of law, can he marry other caste girls.
sasi
30 December 2010 at 14:24
Sir,
Please go through the following case and give suitable suggestion/opinion according to law and on merits.
Mr.Shamsuddin a muslim man aged 38 years already married and having issues. While so, he fell in deep love with an unmarried Hindu girl, Ms.Aarthi aged 36 years and on the written promise by Shamsuddin that he would give talak after his sister marriage and marry her under Special Marriages Act, she accepted to live with him under one roof, considering her age to beget a child. After three years of family life, Shamsuddin refused to keep up his promise and has been compelling Aarthi to marry him without insisting for Talak. As she started living with him and Shamsuddin refusing to give talak in order to avoid threats from the first marriage relations, Aarthi is now compelled to marry him without talak. In such circumstances, what would be the consequences for the following acts:
i) According to which custom and convention they can marry?
ii) Without talak to first wife, whether Shamsuddin can marry Aarthi?
iii) If possible, under which custom and convention, second marriage can be performed?
iv) Being a Muslim, Shamsuddin can marry a Hindu girl while first marriage is subsisting?
v) In case Aarthi converts as a Muslim and after one year or so, whether she can marry Shamsuddin and is it valid under law?
vi) In general, if a woman converts Muslim, after how many years, she can marry a muslim man?
vii) What are the legal impediments if they proceed to marry each other while subsisting first marriage?
viii) What would be the legal status of the children born from and out of wed-lock of Shamsuddin and Aarthi?
ix) Whether Shamsuddin can seek divorce through Court and under what grounds?
Anonymous
30 December 2010 at 03:28
sir i m nautical officer in m. navy.i got married on july2010.it was a arranged marriage.but things got drastically wrong after the marriage.my wife is doctor by profession.she started misbehaving with my parents in all ways possible-whenever resented threatning to commit suicide.my father filed an fir in the local police station in august-10.after that misbehaviour got to its height(example:calling them names,abusing them,treating them as slaves).my repeated confrontation doesnot end this.so i shifted out of house to a rented house in the same city.now misbehaviour started towards me-ill-treating me,damaging my laptop,causing all shorts of hindrance to my preparation for exams.vitually she moved out to her father house in oct-10.now i decided to return to my parents.after about 20 days her father came along with her to my house to accomodate for a mutual understanding.ultimately an understanding was reached verbally.everything was ok for about a week.after that again tantrums started.one day on 24th dec tantrums were so loud that my neighbours intervened.she then called the police accusing us of harassing her by calling the neighbours.police came to our house and me and my father were summoned to the police station.my mother in law is politically affluent and she was waiting with oc in police station.we were verbally threatened by police-and was told to bring my wife home and we should oblige to all her demands.if she complains again we will be put under bars.NO COMPLAINTS WERE REGISTERED AGAINST US.i brought her home and she now lives as a queen ordering everyone to her knees.now i decided to leave the house again to somewhere rented,but she refused to go and will stay in my house even in my absence.sirs,i am a mariner and i have to go for sailing in every few months for 4-5 months.my parents are old and ailing.my wife is notorious and can frame them with rape and murder or may poison them also.PLZ ADVISE WHAT LEGAL COURSE I SHOULD TAKE TO PROTECT MY PARENTS IMMEDIATLY AND EVENTUALLY DIVORCE THIS WOMAN.
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DIVORCE FROM TORTURING WIFE
SIR WE HAVE BEEN MARRIED FOR MORE THAN 8 YEARS. MY WIFE FILE 3R CASE AGAINST ME AND MY MOTHER. SHE IS NOT AT ALL READY TO LISTEN. SHE FEELS I AM BAD. BUT SHE DOESN'T WANT TO GIVE DIVORCE.SHE IS LISTENING TO HER PARENTS AND FINDING FAULT AT EVERYTHING. ALSO SHE IS HAVING AFFAIR.BUT I DON'T HAVE any proof. she doesnt allow me to stay with her.After discussing with elders , i went and stay with her. after few months...she started fighting and forced me to vacating the house by making complaint to the police.
She is acting as if she is good and am bad..she is not ready to discuss and solve the problem. if any asks about our problem, she will keep blaming for hours,but she will not take any decision. She is trying to make others believe that i am bad and she is good.But her intention is not to either live with me or divorce me.
i tried everything....including counseling...where ever we go...she simply blames and want to live separately. this is happening for several years.she is taking advantage of my sufferings and taking revenge....
even police advised me not to stay with her and told me to marry some one.
i ma struggling a lot...... i tried everything....nothing worked out.
after fling case , she was telling me , if u had vacated the house, i wouldn't have filed case.
her intention is that she does want to live with me and not ready for divorce.she is saying everyone whoever asks that i am bad but she needs husband. but i lost job 2 times because of her and suffering due to loneliness.
She is happy even if i die. but she will not take any decision and will live like this.
Who ever asks her she will cry and make them believe that i am the worst person in the world..
struggling a lot.....please help me sir....
one case is pending against me...
I don't know how to approach...
please help me sir..