Anonymous
28 October 2010 at 19:28
Dear Experts, My case is
Us Groom married a Indian Bride as per Hindu ritual on 5 Dec 2009. Marriage registered on 7th December 2009. Bride and the Groom stayed together for a week and the Groom left India for US promissing the Bride that he will start the process of calling the bride to US.
The groom had stopped communication, not responding to e mail/telephones. The parrents of goom also left India immidiately after marriage.
which provisions of the Hindu Marriage Act will help to get Divorce without delay? and ex parte as the groom is not likely to come to India.
period of one year will be completed on 5th November 2010.
Any decided case? Citation that is available
If I proceed for getting the marrige declaired as null and void on the ground of a fraud played upon the bride , will it be a right course of action.
Valuable gudance from the experts is solicitated by a Junior Advocate
Thanks
Anonymous
28 October 2010 at 17:31
Dear sir,
My wife has filed maintenance under sec-125 crpc for minor child and her.During Pw-1 and DW-1 she has given false evidences and FIR copy(498,523,3/4,506,)has submited as evidence.
During 125 crpc Pw-1 she has given statements that i had come to my sasural along with my brother on motorcycle( which i have chargseeted on this sentence but i got proceedind and arest stay in High court lko).Which is totly contradictory PW-1 in 125 crpc mentinence.Apart this contradictory PW-1 evidences, I also collected many documents through RTI regarding medical report and doctors's statements etc.
My query is that
1) can i file the counter case u/s- 340 with these evidences on 125 crpc mentinence case in same court or separately.
2). ADJ court has offered 5 lakh Rs . but she is not ready. she wants monthly manntinence as she is thinking my saliry is 40,000 rs per month,goverment job so i will get 10.000 per month.
3). now i want to file counter case pl. suggest me all counter case which is applicable in the running 125 crpc mentinance.
4)she is MA. and well educated.she is living along with her parents they are also getting 40,000/rs from govt. job.
5)if there is any citation or suprim court rulings pl. provide
6)I have also filed child custdy u/s-26,if there is any citation or suprim court rulings in child custody case(Guardianship and ward) pl. give.
7)she is from other district , can i file perjary case in my district as saparete 340 crpc case ?
8)is 340 crpc counter case applicable in the 125 crpc( as she wanted to heavy mentinence on the basis of that chargesheeted FIR against me)?
Thanking u sir for valuable suggestions.......
Anonymous
28 October 2010 at 15:59
In a matrimonial case u/s 13(1)(i)(a) of the HMA, 1955 i.e. Cruelty filed by wife, if petition contains contradictory statements and reference to the date and time of cruelty is not given, than in such a situation husband is 99% sure that wife is not able to prove allegations (no police NC for dowry u/s 498a of The IPC, and Doctor certificate of Beating, all these are false allegations) and petition will be rejected. Husband don't want divorce? But at the same time he don't want to live with wife.
1] In this case whether wife will be granted divorce or petition will be rejected? Someone has told husband that when petition filed by the wife in that case wife will be granted divorce.
2] After rejection husband is thinking to file petition for Perjury u/s. 211 & 511 of the IPC, and Petition for divorce u/s. u/s 13(1)(i)(a) of the HMA, 1955. Will he succeed?
3] After rejection of petition what is remedy available to the wife?
Anonymous
28 October 2010 at 10:48
Hi
During our marriage, I purchased all gold ornaments for my wife.
After marriage , I purchased few additional gold ornaments for my wife.
Few receipts are on her name and few receipts are on my name.
Now, my wife has took all ornaments and claimimg that she owns them. We are not divorsed.
Please suggest whose ownership the ornaments belongs too.
Anonymous
28 October 2010 at 00:25
Hon. Experts,
Plz suggest any good law book on maintenance/alimony with case laws and illustrations.
Thanks and Regards,
sarathy veeraraghavan
27 October 2010 at 21:22
Dear sir,
I have sent a legal notice to my wife stating that to return back to the matrimonial home 0n 5-10-2010,before filing RCR, but still we have not received any reply, i requested my advocate to call my wife and ask for whether they are willing to come for compromise but they straight away said Divorce
Now i have filed RCR , whether they apply divorce or should they reply for my RCR and then they proceed for divorce,
please advice me what to do
Anonymous
27 October 2010 at 20:49
Dear sir,
I have sent a legal notice to my wife stating that to return back to the matrimonial home 0n 5-10-2010,before filing RCR, but still we have not received any reply, i requested my advocate to call my wife and ask for whether they are willing to come for compromise but they straight away said Divorce
Now i have filed RCR , whether they apply divorce or should they reply for my RCR and then they proceed for divorce,
please advice me what to do
Anonymous
27 October 2010 at 19:36
At the outset, apologies for the detailed msg but would like to provide complete details before asking for suggestions.
We are an joint family (me, father, mother, brother, sister-in-law & my wife). There were some fire accidents at our home in Apr'10. Reason for the fire accident is unknown. Some of our household articles (mainly clothes, bed spreads) went on fire. The police and the fire department were informed and they werent able to identify the reason for the fire.
Since my wife was in a kind of shock, her parents came and took her to their place. We were planning to go to Tirupathi after a week and hence we requested them to bring her to Tirupathi and we were planning to bring her back to our house.
We werent able to go to Tirupathi, as planned, during that weekend and was pushed to the subsequent week. Hence went to her place and asked her to come with us. Since the Tirupathi plan was pushed by a week, they informed us that they would like keep their daughther for one more week and send her with us from Tirupathi and we were also fine.
We went to Tirupathi and things changed there. They started complaining that we asked for more sreedhan and was giving their daughter 2nd degeree treatment. We tried our best to make them understand is that there was never such intentions and its more imagination on their daughter's. They werent in a mood to agree which resulted in a quarell and they took back their daugther to their place. We came back to our house.
Few days later, her father sent a letter stating that marriage happened on such and such date...fire accidents happened..but no action was taken from our side..we ill-treated their daugher because the streedhan they gave was less..etc etc
We responded to each and every point mentionted in the letter denying the allegations & assumptions and providing the actual infomration.
Her father sent a letter apologising for any mistakes they might have committed and asked us to provide a date when they come to come to have a discussion and iron out any misunderstandings
We informed a date. They came on the date along with the person who help us get this alliance (he is their close relative and our distant relative). But within 5 mins of the discussions, they started shouting that their daughter wont be happy at our house anymore and started pulling her Mangal Sutra from her neck..it was almost removed. My uncle intervened and said that he will not allow such things to happen at our house and questioned them on the intentions of they coming to our house..they werent ready to listen to anything..shouted at the top of their voices and left the palce..
After this one of their relatives had a meeting with me and my wife alone. She didnt show any signs of rejoinig but started complaining about petty things (such as i forgot to buy her a fruit..i gifted a dog doll on her birthday with the intention that she should lick my legs and waive her tail all through her life etc)..and the meeting didnt yeild any positive results.
This relative, using his influence, gave an false oral complaint to the police that i had an illegal relationship, that too in a police station that is outside the jurisdiction of our house. Police came in search of me and since i wasnt there at my house, took my father for an enquiry. My uncle then got the services of an lawyer who went to the police station and asked for the complaint. The police werent able to provide. They approached senior offices and got my father out from the clutches of the ploice but all of us had to go through an huge amount of mental pressure for 6-7 hrs.
We filed an RCR and is now set for hearing on 04-Jan-2011
Recently they came to our house to take back all items provided during marriage. they were silent until the time all their items got loaded to the truck. once done they started shouting, abusing us in bad words, throwing stones and mud on our house etc. The entire neighbourhood watched this and are ready to testify, if required.
Our entire family is totally hurt because of these incidents and dont see any point in continuing this relationship. Can anyone pls sugest if i can file a divorce and if so under what grounds pls
Anonymous
27 October 2010 at 17:45
Hi,
I have applied for divorce under cruelty & mental torture (& affairs with other ladies)..
My husband has appeared for the 1st hearing & did not appear for subsequent 3 hearings (meant for counselling)
Can I request for exparte divorce? Can I do it individually or only my advocate can do it? What are the procedures for getting exparte divorce?
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Withdrawal of Restitution of Conjugal Rights
Dear Experts,
Husband wants to file divorce but he filed a restitution of conjugal rights before. Is it mandatory to file a formal application before the family court to withdraw the RCR petition.
Or is it fine to make a submission before the judge that the husband withdraws the petition and make an endorsement that he will press for restitution as he has filed a divorce.
Pls clarify.