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Anonymous   13 December 2010 at 12:13

Exparte Divorce

I fear that my wife may try and succeed in getting exparte divorce without my information. They may manipulate the notices being served on me. what are the chances and how can it be prevented.

In case it is granted exparte without my knowledge how is the period of 90 days to challenge it only remedy what if I come to know after that and she gets married again.

Anonymous   13 December 2010 at 12:03

Divorce

Dear Sir/Madam,

Just to brief you on my problem, I got married to a lady named Rekha on 16/01/2009. She was previously married to a Muslim guy and got divorce from him on 31/12/2008. so that means within 16 days of divorce we got married again. Secondly she had converted to Muslim and accepted Muslim religion and Muslim name as Shaina (instead of Rekha) but before marrying me she never converted back to Hindu. This girl was working in a Dance Bar in Dubai. I got carried away and got married to her on the above mentioned date. I also sponsored this girl in dubai on spouse visa. After sometime i realised that we cannot get along due to her mentality and her nature and now i want a divorce or separation from her. This lady visited dubai 2times since last year without my permission, misusing my visa and coming to dubai and blackmailing me and saying that she will go to police if i dont keep her here and bear her expenses. I am not in a condition to keep her here neither do i want to keep her in dubai and keep on with the relationship. I want a divorce. She was here before a week and as an initial step towards my decision of divorce, i somehow cancelled her spouse visa. Right now this lady is in India but is still threatening me and blackmailing me to come back to dubai again and create problems for me. I would like to seek your advise on the matter as to what steps can i take to defend myself incase this lady ends up in dubai again. She and her family is also threatening my family members in india and are trying torture them mentally. Kindly advise me on this matter and guide me as to what steps needs to be taken by me.

Awaiting your kind and quick response.

Thanking you and obliged.

Anonymous   12 December 2010 at 19:21

Transfer of Divorce case

My husband is thinking about divorce, presently i live with my parents. My father is a retired man. My question is that If my husband files a divorce case against me in his city , can i ask court to get that case transferred to my city. Being a female it is difficult for me to travel alone.

1) Our marriage took place at my husband's native place, his city . Does this matter ,if i want the case to get transferred in my city . ????

2) working or non working status of wife matters in the transfer of divorce case ???

Anonymous   12 December 2010 at 15:59

Can a female or wife enjoy and live her fundamental rights, is that allowed ???

Myself married,its 3 months of my marriage.
It was an arranged marriage,through jeevansathi.com, before marriage i told my husband evrything about my past,my likings,life style,thinking, and my parents had told my inlaws that we are broadmined and been raised with good education. After marriage slowly problem started between me & my husband.Before marriage he showed himself as he is same like me,but post marriage i got to know that he is very different from me and he used to lie before, but still i accepted everything and tried to adjust with him, but problems incresed when my inlaws started interering in our small fights,they started blaming me for everything. Its a joint family.

1)My inlaws say that being a woman it is my duty to adjust,and i should not expect my husband to adjust or change. Because it is me who stays in their house.

2)I was not allowed to say anything,i was not allowed to cook, wear clothes of my choice,i was not allowed to go out, or meet my female friends & relatives. I like eating continental dishes,but i never forced anybody to eat that,but even i was not allowed to cook & eat my favourite dishes.(My inlaws eat nonveg) My mother in law said that i must leave eating, chinese, thai or fastfoods, and should eat only normal dall sabzi etc. ( note- i don't eat all this regularly,and neither iam fat)

3)I like sunlight and fresh air, but i was not allowed to open windows, because in their house they don't open windows,so i was bound to accept that. I was not allowed to have my own wish or choice, way of living or thinking.

4)I was not allowed to use laptops or computers, because my mother in law doesnt like ghar ki bahu's doing all that,she didn't wanted me to study or read books. I was not allowed to use any social networking site like facebook, orkut etc.

These are some examples, basically i was not allowed to do anything according to my wish, being a daughter in law i was bound to accept whatever my my inlaws said, without saying a word. All this was very difficult for me,beacuse iam not raised this way. Being educated i couldn't relate with all this. I discussed all this my husband many times that i don't feel comfortable, but he never supported me. Then finally i confronted my mother in law and requested her to let me live in my own way, but on that she said that iam not compatible to their son,and family so they don't want me in their house,and suggested divorce to me. My mother in law clearly said me that if you can change yourself completely and stay according to our wishes then fine else go back to your parents, and divorce my son. This was very shocking and humiliating to me. I don't want divorce i love my husband and want to live with him but on the cost of my self respect & prestige. I have my own individuality, and i cannot forget that. BUt my inlaws( mother in law) are saying that a woman has no identity or individuality of her own once she gets married.
My point is, i understand that every marriage needs adjustment and patience, being a female i understand my duties but am i wrong to expect a little bit of adjustment from my husband. If iam ready to adjust & change 80 percent, then atleast i can expect 20 percent from my husband.
Am i faulty to expect that ???
Being a woman and wife iam not allowed to enjoy my fundamental rights ???
I don't want divorce but i can see my marriage is breaking. My husband has different thinking,but still i love him,but my inlaws are influencing my husband to leave me.My inlaws doesn't allow my husband to talk to me. But what should i do now, i want to save my marriage. Will court understand my point of view ????
Please guide me and help me ??

srinivas   12 December 2010 at 14:51

If mother got divorced,can daughter claim right in property

Sir, Madam,
My wife is the one and only daughter of my father in law and he gave divorce to my mother in law when my wife is at the age of 3 years. Laterwards he began to maintain relationship with my wife and he himself conducted our marriage and continued our relationship. Recently he expired and he lived with one lady which she is already having 2 sons by her first husband.My father inlaw is not having any children with her. Now my doubt is whether my wife can claim right to property as a daughter and can claim Job on compassionate grounds from BHEL. What is the procedure to acquire legal rights in property which includes ancestral property. I am having one son and daughter. I would be very much thankful if you provide me assistance. Srinivas Chintalapati, Hyderabad - 9700330511, 9908889987, 8143464199, 8143464288, 040-65187788. bharadwajasa2008@gmail.com

Anonymous   11 December 2010 at 18:10

dowery and women protection

One of client mrs. abc married on 15.6.2005. since marrige she continuing tortured. Family members in her In Laws are Father, Mother in law and one brother in law.
what type of action can be taken
pl. advise

Anonymous   11 December 2010 at 16:38

Income of husband.

I have been deserted by my inlaws,My inlaws are not ready to accept me. Now i have filed a maintenance case 125 crpc, on my husband. My husband has his own shop,business. There living standard is good, and sound. But i don't have any sallary slip etc of my husband. I just know that my husband had undergo some penaly of tax of 3 years, and the penalty was around 1 lakh 80thousand. There was some mistake in filing tax, or something. I don't have anything , no slip nothing.
They have their own house, car, all valuable & expensive things at home, land & property worth 5 crores. But i don't have any slip etc.

so my question is how will i prove my husband's income and his earning ???
Kindly guide me.

Devang Mistry   11 December 2010 at 16:24

Property from Brother

My brother-Mr.Gajjar-(Tax Consultant)passed away on 02.08.2008 having no issue - wife but only 4 sisters including myself.

After death, one of my sister & son have taken charge of all properties & later on found that will made from my brother all the propety given to them only. They have not shown original will to us & on asking - Notary & Executor (both relative of my sister) they are telling that they have no time. Xerox copies given to us but not showing the original wills. On other hand, my brother has planned for each individual sisters retirement planning. All NSC/KVP/FD - nothing is avaiable & properties also they have started to sell by preparing fack documents.

How to get the copy of original will & make sure that what is happened is correct/legal ??

It is suspected that his son has tranferred 4-5 cores in Swizz bank during his abroad tour & in near future he will escape from India.

Anonymous   11 December 2010 at 16:10

Alligations by husband

I have some Questions regarding alligations & divorce . ( The wife is not ready for divorce ) and is such cases can court order for reconciliation between husband & wife .

1) If husband inflicts alligation on wife, that the wife was not virgin. And if the wife is very devoted and have no relations or didn't committ any adultry after her marriage,wife is faithful. So can still the husband make an issue about wife's virginity for divorce ???

2) If the husband says that his wife is not capable of delivering a child[ baby], so he want divorce. Can husband say this & is he allowed to break marriage on this reason ???

3) Can husband show or say that his wife is cruel just because she fought on small,petty household things with her husband soon after marriage. Can adjustment issues after marriage be proved as cruely ??? ( note- the wife is not ready for divorce)

4) what is cruelty of a wife actually ???

Anonymous   11 December 2010 at 12:25

if 'Review-FC' goes in-vain, Am I debrred from 'Revision-HC'

Question1:
If, to my unfortunate destiny, 'Review at FC on Int Maint Order -Sec 24.' goes in-vain and doesn't yield expected outcome, Am I debrred from going for 'Revision Process' at HC laterwards for the same interim order?

Does the law say explicitly as above?


Question2:
Time Period for revision in HC?...90 days ..Am I correct?

Time Period for review in FC? ...30 days ..Am I correct?



Question3:
Is new evidence is taken/allowed to be admited in revision at HC?



Question4:
Is new evidence is taken/allowed to be admited in review at FC?



Question5:
How does the HC take it, if imputations are placed on lower courts while asking for 'revision' at HC?



Question6:
How does the FC take it, if imputations are placed on lower courts while asking for 'review' at FC?




I am really confused on this matter and running short of time also. There are many missing links and material proof which were left to be submitted during sec 24 hearing, which I would prefer to submit now.


Please help urgently.