Anonymous
04 November 2010 at 08:43
Dear Experts,
My friend's husband has filed divorce on the grounds of cruelty. 2 decades old marriage. Wife mostly housewife but for past 4 years some irregular work which fetched her renumeration much much lower than her husband. No work was available last year. Wife completing 50 years. One girl child. Husband's gross salary is 18-20 lakhs per year with good prospect of increase in salary every year.
Wife stood by him in the times of his struggles but husband started distancing himself once he started travelling for his work, reduced the quantum of money he was sending his wife and child. As a result wife has to sell off a major chunk of jewelry to manage the monthly expenses as well as broken some small savings before the maturity period.
Please advise how much wife and child can expect as a final settlement money. And how much can be reasonably expected as interim maintenance. Wife has not yet filed the petition for interim maintenance.
Thanks in advance for sparing your valuable time for this query.
Regards
Member (Account Deleted)
03 November 2010 at 23:47
i want a expert layer in matrimonial field for getting divorce from my wife. i want expert lawyer of district court -. PLEASE CONTACT ME IMMEDIATELY AT MY EMAIL ADDRESS-
ksvrajuadv
03 November 2010 at 23:31
Hi Experts,
I am going to cross examination,this is my totally new experience.I watched number of times my senior to cross the witness but as an independent advocate it is new to me.I need ur valuable help in this field.under section 13 HMA,where petitioner is husband,he performed 2nd marrige,I am from respondent wife.husband put general allegations like cruel,harash behavior,tried to attemt suicide,not prepare food,short tempered,insult him(husband) in front of others.They have two sons elder living wid father who is 1994 born,younger living wid mother who is 1998 born.we have documents like panchytnama where written dispute arise in husband & wife due to second marriage of husband & other school certificate of elder son where mother name is different from her mother .they are living separately since october 2005.Husband earlier filed divorce petition in march 2006,& withdraw it on 30/10/2008 before cross evidence of him.persent petition is different allegation from previous one.Now they tender three affidavits one husband,2nd his father,3rd mediator,in all these affidavits they repeat same allegations.
plz guide me what could i ask witness during cross examination?
thanks
varinder
Anonymous
03 November 2010 at 20:48
sir, what are the rules with regard to Will under the muslim personal law or shariyat?
Whether, women could make Will for her adopted childrens?
Anonymous
03 November 2010 at 15:14
Dear Professional,
I request you to suggest a way forward for me. Scenario is as given below.
Date of Marriage:- 25 Nov 2005 ( Love cum Arranged)
Though it was a love cum arranged marriage, we had numerous issues between us since 15day of marriage (All due to Ego Problems from both of us). However we were able to manage the same till Sep 2008. We have filled a Mutual Concern Divorce petition in the dist court in Sep 2008. I was not willing for that however due to force from my in-laws that they will file a DV/498 if I do not sign the petition I had to forcefully sign for the same. Well after 6 month we were called for trials and my wife was not attending the sessions, After about 3 hearings my wife appeared in front of the Judge and stated that she is yet to decide on taking divorce. Post which Judge has counseled both of us and stated that a divorce cannot be given for ego problems of the spouses. He has also mentioned that we should not be spoiling the life of out Kid (who was born in June 2008) and asked us to lead a happy matrimonial life for which both of us have agreed after many argument and the next hearing was scheduled after 3 months to get a feedback from both of us . After leaving from court I have not heard anything from my wife and when I tried reaching her I was not allowed to speak to her by her parents. After 3 months I went to the court and submitted that my wife has not joined me and the advocate from their end has stated that they want to withdraw the petition for which Hon Judge has agreed and dismissed the petition.
After a Month of time I have filed a RCR in Oct 2009, Initially my wife came to the court for 2 hearing and has taken time to submit Counter for my petition. In the month of Aug/Sep 2010 she has filed a counter against my petition. Few points in the counter are correct and most of the other points are base less. She has also mentioned that I have been harassing her for dowry and jewelry which is not a fact. She has also mentioned in the petition requesting the Hon Court to take a affidavit from me that I will not harass her in future so that the court can order me to lead a happy life with her. I have taken this positive and submitted a rejoinder to the Hon.Court stating that I have never harassed her for Dowry and will never do that in future. Post submission of rejoinder, Hon Judge has given a date for Reconciliation and the same was informed to her council as she has not appeared for the hearing. On the date given by the Hon Judge, neither she nor her advocate has not appeared to the court and the date was again given post one month. For the second date as well she didn’t come to the court hence another date was given by Hon. Judge after a month, she has not come for the third hearing as well and the Hon Judge has now given a date post 2 month for submission of Evidence. When I spoke to my wife to re-think , she clearly stated that she doesn’t want to thing anything about it and she has left everything to god.
I request your suggestion on the below points.
1) Divorce is not a criteria for me to post this. Please suggest is there a way to get my wife and child back to me.
2) I am not afraid of DV/498 even if she wants to go for it now.Will Fight back in court of LAW
3) What if she is planning to go abroad to peruse higher education, she will not be available for any hearing hereafter if she goes away.
4) I am planning to file a Visiting Rights petition to see my Son ( of course my wife as well)
Anonymous
02 November 2010 at 22:10
I went to an High court lawyer with a 125 Crpc case.I asked him initially what could be the expenses i have to bear.He doesnot say anything.He asked for 5k, which i gave.This man lies a lot.After that he is saying that i have to give money to the police for your protection and to find out whether any 498A filed against you.I do not have any 498A case against me, nor i do need any anticipatory bail.He again asked 10k, which i gave also.Till date he has not done any work for me.I have my hearing on 22nd november.I asked him to give the break up for the money he is charging me.But he hesitates.
How do i deal with such a person.I only filed a divorce petition on cruelty grounds.
Anonymous
02 November 2010 at 18:11
Suppose if a father doesn't want to give anything to his son from his property and wants to distribute it among the others do the son have an right to appeal against it in the court
Gaurav
02 November 2010 at 17:08
Hello experts,
I am applying divorce before completing one year on cruelty basis.
I need HC or SC citations for this.
Under Section 14(1) waiving of mandatory one year to apply for divorce. Please help me and provide me with these judgments.
Anonymous
02 November 2010 at 15:25
the husband was a mechanical engineer in HONDA COMPANY.. and the girl
is M.SC maths but she used to live at home. the girl child was born in
sept 2006 out of this wedlock.. the nature of wife was not good as she
always had some problem with others.. she even used to fight with her
husband on small issues. eg i'll not prepare food or always order from
outside, never gave breakfast to her husband after having three
maids.. but the husband always had a compromising nature and never
said anything to her.. he just wanted to live happily with her at any
cost.. but she always used to fight on petty issues.. she even don't
like his parents and other members of the family.. she just wanted to
live alone.. she was not happy to see anyone from her husband's
family. the husband's family never interfered in their matter and were
not aware of the issues between their son and daughter-in-law ..
the disputes heightened b/w husband and wife and finally the husband
left his job in 2008 and started living at home and the wife left her
matrimonial home and went to their parental home.. the boy's parents
came to know about their fight but they managed to bring them home in
bhiwani and asked them to live peacefully.. but again after few days
she started fighting with her husband and now also with in-laws
without any reasons but the boy's parents never said anything as all
members of the the family are highly educated and reputed too.. but
she was not ready to live with them and again left her in-laws home in
april 2010 and filed a case under domestic violence Act,2005.. the
in-laws even don't know that on what basis she filed the above said
case. they went to girl's home and asked to live happy with her
husband wherever she likes but she refused..
the husband tried alot to solve his marital dispute but still she is
not agreeing to live with him..
she is asking for property out of her in-laws property and want to
live alone in that house without her husband but now after filing a
false case against all of them, the in-laws are not ready to take her
back home .. but the lady want to live there only on the first floor
of that house without her husband.. the wife, at present is lecturer
of mathematics in college and she get this job because of her
father-in-law as he is the head of that college, he also helped her in
studies of M.PHIL but she can never understand the value of family and
family relations.. her parents never said anything to her even on her
mistake and used to abuse boy's family.. now the husband also don't
want to live with that lady and want to take divorce from her.. as he
don't want to let suffer his parents anymore because of that lady..
please tell me what are the remedies available to us..what we have to do?
how can i help my aunty, uncle..??
thank you.
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regarding interim in dv and maintenance(125)
dear experts
i am a student of MCA.NOT EARNING ANY THING.MY WIFE FILE A CASE OF 125(MAINTENANCE) AND 12 OF DV ACT. I HAVE A VIDEO THAT SHE IS WORKING.AND A BILL IN HER QWN WRITING(REPARING BILL OF WATCH).SHE IS DOING
JOB IN A WATCH COMPANY. IS IT SUFFICIENT TO PROOF THAT SHE IS WORKING.AND ALSO SHE HAS ACCEPTED THAT SHE HAS A 50 YARDS PLOT IN UTTAM NAGAR(DELHI).I HAVE A BABY FOR HER I PAID 1000 PER MONTH IN A COURT ORDERED BY THE COURT. BUT I AM NOT IN SUCH CONDITION TO PAY THE MAINTENANCE FOR HER.IT IS BIG TROUBLE FOR ME. AND I AM NOT WANT TO LIVE WITH HER.IF COURT GIVE ORDER FOR MAINTENANCE THEN HOW MUCH THE COURT ORDER FOR MAINTENANCE. PLZ. GIVE ME REPLY AS SOON AS POSSIBLE. I HAVE NO PIECE OF LAND ON MY NAME AND MY FATHER.