Athi Vishal HD
30 May 2018 at 20:41
Sir/Madam
In DV case court ordered to pay 7000/pm as maintenance and 5 lakhs as compensation to my wife.
If she or I go for divorce is she eligible to get another maintenance and compensation order?
Anonymous
30 May 2018 at 13:38
My brother recently got divorced under 13B HMA. But to our utter surprise we found that the order which was passed by the learned district judge mentions wrong date of marriage. It was written 6.2.16 instead of 5.2.15. The rest of the order is OK. In the main suit correct date was provided along with the marriage certificate as exhibit. How to correct the marriage date in the decree. Will the divorce become invalid.
Veerendranath
30 May 2018 at 09:07
Sir I have done register marriage 6 months ago without my family .He forced me to do marriage he did blackmail if you don't I will attempt suicide.at that time I don't know completely about him and I just blindly believed him and he had told that he had a govt job and all the things etc.after marriage I came to know about him that he is big lier , cheater and drinker.At present I don't like him and I want divorce with him and we both belongs to Hindu religion.what is the process to take divorce?is there any process to take divorce without going to court?
pranitha
30 May 2018 at 00:29
Hello
I got married my husband before getting divorce from 1st person..after 4 months of 2nd marriage i got decree of divorce.is my 2nd marriage valid.now the 1st person is blakmailing me to file a case against me nd my husband..what will do now..
Some1 please help me
Thank you
Nil
29 May 2018 at 19:47
I am a NRI, working and living in UK. I have been working here since 2014 with an IT company. Upon consistent pressure from parents, I started searching for a suitable girl on matrimonial sites. After a few initial rejections on both ends, I met a girl. She was teaching at a private college and had an MBA. Since, I only come India for a month in December, in December 2015 when I went back India we (me and my parents) went to her hometown (happens to be Kanpur). We agreed upon a date for engagement and marriage after 1 year (2016), when I was getting my next leaves. Engagement happened and after that I came back to my workplace. We (me and my wife) started having fights over my parents, specially over my sister (who is unmarried). She used to curse her and then things went filthy. But parents convinced and we got married in Feb 2017. My family did not even ask for anything and nor was any wish to get anything. We were all happy as this was the first marriage in the family. We did not register our marriage but all the rituals and rites were performed. She came with me and started living with me. She continued spilling bad words about my parents, which lead to a lot of fights. She also accused me of having an affair, which backfired her as all her accusations came out to be "PURE LIE AND MISTRUST" One fine day, she left the home and went back to her parents. After few months she came back, a few days of peace and then again same drama started. Somehow 1 year passed. My dad was diagnosed with a rare nervous disease and I decided to take him with me in 2018. She did not like the concept from day 0. She started fighting and after 3 months, she again went back to her home. She and her family wants - I should send my dad back and then she will live with me. I offered for divorce as after a lot of deliberation, we could come up on a common ground. She denied for that and her family has started threatening me with 498A (where her dad has warned me if I applied for divorce - he will ensure that my whole family serves some jail time).He also threatened me of rape charges as the marriage was consummated. Sometimes they ask for all the money, which was spent on marriage. *** I read somewhere that if a couple does not live under the same under roof, there is some provision to nullify the marriage. *** Also, if you do not hear from the spouse for 7 years, in this case as well marriage is considered nullified. I am so depressed right now that I will literally disappear somewhere for these 7 years. I cannot fight these people as we come from a very simple service class and they are some business people with probable connects. Can someone suggest me some solution to this. I am really living in depression as I cannot give up on my sick dad and nor can I just bow down to these people.
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jyothi
29 May 2018 at 11:04
My husband lives in USA.after marriage he left me at my mom's place nd went to USA.i have no father nd no 1 is there to support me .after that he is very nyc to me for 1year at that time also he didn't gave me maintenance.since december 2017 he is not talking to me properly.now he is asking devorce.i dont want to give devorce nd is there any legal chance to take me to USA.if not how can i apply for maintence what are the documents shud i submit.
Help me out for this please.
Athi Vishal HD
28 May 2018 at 20:59
Respected Sir/Madam, My wife has lost her memory completely, she is physically and mentally abnormal due to the side effect after outcome of suicide attempt. Now she is living with her parents. My in-laws filed a case against me u/s 498(A), case is under trail in court. All this happens in 2013. They kept My twins girl childs from 2013 to for 2017. In May 2017 they sent my childs to my custody. I admited them in prestigious school by giving huge donation. But on 28. 04.2018 they suddenly kidnaped my childs without my knowledge from my residence in Bangalore city . Now they are with my in laws outside the city. I gave complaint to police but they simply regd NCR and closed the case.
I approached my lawyer to file child custody case in family court of Bangalore. But he told that since they r living outside the city I should file case in family court where my childs stays which is 50 km from my residence.
Is there any provision to file case in bangalore city since they taken my childs from my residence in Bangalore?
Dipesh Agarwal
28 May 2018 at 11:05
hello,
I file a divorce petition in feb 2015 under sec 13 hma and in return after 2 months wife filed a maintenance case under sec 125.
Wife claimed monthly compensation of 1.25L out of falsely declared salary 2.25L for me. In reply my lawyer suggested me to declare a wrong salary of 36K instead of 90K under Oath in reply to the 125 case. When I argued with my lawyer, she mentioned that Onus of proving 36K wrong lies on wife's lawyer and nothing to worry on wrong declaration in court.
Based on this all replies and failed attempt of patching at Lok Adalat Counseling sessions, Judge at last announced a monthly maintenance of 30K on my wish, in contrast to 36K declaration. Its clearly documented in Order that no income evidences were reviewed and Order is purely based on declarations.
I was okay till this point as everything was going positive on my side.
What I noticed later was my lawyer was colluding with wife's lawyer as my lawyer was not trying at all to move motion to argument stage and just taking dates. Wrong income declaration was part of it. Hence I officially removed her through an application to Judge but yes, colluding as reason for removal was not mentioned on application.
Now wife has applied for discovery of income documents for last 5 yrs under Oder 11 CPC 12,14. So far court has not passed any Order for it but I need to reply and I don't have any objects in submitting documents. In parallel, wife has come down to MCD proposal on 50L and I am not agreeing to it. MCD wish from her end is documented in court file.
Questions are -
1) Can submission of document be done to Judge only and no copy to Wife, as documents are confidential?
2) As the income declaration on Oath is lower than actual, will this be treated as an offense and what is the sentence? How it can a case be initiated and by whom?
3) With respect to Question 2, can't Lawyer removal application be treated as a defensive document in my favor?
4) What if I take back my divorce petition in this case, will sec 125 claim for maintenance not applicable anymore?
5) Wife had income sources in past and owned numerous properties. Will evidences in support of this help me to counter wrong salary declaration and high MCD amount demand?
6) What if I resign from my job as last option as I can't let myself drain like this?
Please suggest!
Anonymous
27 May 2018 at 23:10
Hi ,
Divorce has been declared by court, But the Lawyer is asking for more amount to hand over decree.
Is there any way of getting the same online or from court with out involving/paying any extra amount to the Lawyer.
Plz help.
Thanks,
Krishna
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Streedhan and maintenance
Experts need your advice
I was being tortured mentally n physically right from the start of marriage. We have been separated since 9yrs (desertion due to dowry). Im taking care of my minor kid since he is born n stay with my parents. Due to misguidance of an advocate I filed 498A & DV in the place of marriage that is a different state instead of filing it at the place I stay. DV was going on for 4yrs n then dismissed due to my absence (ill health n surgery). 498A going on since one year. Till now my chief/cross has not happened (every time some or the other person is absent either the judge or the lawyer and always the opposition lawyer). I do part time job and tailoring to take care of my kid. It's difficult for me to travel on each date (dates are given every 10-15 days) hence, I wished to withdraw the case on a condition that my ex return back my streedhan which is in the form of FD (Streedhan half in form of cash and half in form of FD apart from other items). Also I asked that something to be given to the kid for his future and agreed to their condition of mutual divorce. But the opposition party didn't agree to either return the FD nor anything to the kid. They just kept stretching the matter by taking dates. Now the judge is rushing to close the case and giving dates every alternate days. I have told them and also give in written about my difficulty travelling plus my financial issues. Still this kept on going. Due to summer vacation getting reservation is difficult due to which I was absent and my cross got closed. Now I need to get my witness that is my parents & relatives. All of them are above 60 yrs and are sick due to illness. Last time I took my dad and the opposition lawyer was absent. This way its too difficult to get them to court. Hence I showed my wish of withdrawing the case. Now my question is that if I let go off the 498A and file for maintenance will I get back my FD given by my father (I have proof of all the transactions). Can court pass order to bank to release the funds. I do not have any income details of my ex but can the court give orders to the IT department to show the details of his earnings. I need something for my kid for his future but not even able to get his rights to him. Can someone please advise me as to what would be the good option to get back the FD which is hard earned money of my parents