Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Anonymous   17 September 2010 at 18:52

MOU & its Validity

My wife & myself married on 28.09.2008. She left matrimonial house on 24.01.2009 due to her quarrel nature and want only enjoyment. According to her I am able to fulfill her needs and she want to live with me separately from parents. I denied for the same. She returned my home on 19.06.2009 and again left the home on 24.06.2009 i.e. after 4 days. Afterward we have settled everything and have exchange of Jewelry & other things in the month of August 2009. At that time We have made MOU on 16.08.2009 stating all the things that both parties have received their respective belongings and now onwards both the parties do not have any claim and allegations of any kind against each other and if there is any allegations than it shall deemed to be withdrawn. She has also agreed that she don't want any maintenance or alimony. Also she will not claim any right, share or interest in my property either present or future. She has also let go her right of streedhan. And on or after 24.01.2010 we have to file petition U/s. 13(B) of HMA 1955. All these things have been mentioned in the MOU which contain Photo, Signature & Signature of two witness. This MOU was notary on 25.08.2009 at Bombay old Court. The MOU clearly states that no one from both of us can challenge this MOU and it is irrevocable. (Her return of home for 4 days is not mentioned in the MOU). Now my wife has filed petition for divorce stating demand of Dowry and mental & physical harassment u/s 13(i) on the ground of cruelty against me and my family members, demanding maintenance and alimony (Both) on 10.08.2010 which was received by me on 21.08.2010 requiring me to attend for hearing on 26.08.2010. The petition filed by her is false. I have attended District Civil court at Kalyan, Thane, Maharashtra on that date and request for time to appoint lawyer and file my reply. My queries are
1. Can she go against the MOU and challenge the same?
2. What is the strength of MOU before the Court of Law?
3. How much this MOU save me?
4. What should be my ground to reply the petition?
5. Lastly What should I do if MOU is not valid?

Srinivas   17 September 2010 at 13:44

with out giving valid reason skip from marrage life and working in singapore.

In 2008 i married Vasantha Lakshmi working in Singapore and Iam working in malaysia. after that she force me to come to singapore and after that that is not sucess to go to singapore so after marrage 3 months we never met together. after that in sept 2008 i went to singapore and stayed 2 monts and got pregnency with in that time. after that i need to come back to india. Till that time she communicate with me quite ok. once i came back to india on dec 2008 she changed his mind and till now she is hiding from me with out giving the valid reason and with out having the communication with me. Their parents also not responding properly and blamming not reasonable things.
My marrage held at Takkellapadu Guntur (D.t).

arun joshi   17 September 2010 at 13:11

divorce in spl marriage act-1954

muslim boy hideing his first marriage,married hidu girl, and started to force her to change name as muslim and convert,on this whether she can claim divorce? any case laws pls answer.

Esha   17 September 2010 at 12:53

ADOPTION OF CHILD

Dear Friends

Husband and wife divorced legal on mutual consent and a minor child is born out of first marriage. The divorced wife got married for the second time and the second husband want to adopt the minor child of the first husband is it possible and what is the procedure for the same. Kindly reply. Thanks for the advance.

Pooja Patil   17 September 2010 at 11:47

Fake degrees And hiding of Physical disability at the time of marriage

Hi

I got married in Oct 2009, my husband used to reside in Qatar and was working there as customer services executive in one of the logistics firms.

on his profile he had mentioned that he is graduate, which he is not and i also have enough evidence in terms of his fake passing marksheet and failed marksheets with me to prove it.

i came to know about this only in january when we were applying for a home loan and his certificate was needed there.

on confrontation he agreed to complete education once he came back to india. and i compromised then.

now he is not ready to study or work here.

we have a home on our head + other expenses to take care off..

He came here on 22 sept and it was very quick marriage.

during that i also noticed thet he had a hearing problem, so when i asked he told that he had an infection in ear and its tempoary and hes taking medicines for the same.

but now he has come back permanently and i have come to know that his left ear is permanently damaged since childhood and he can hear very less from right ear as well, so he needs to use a hearing aid.

he has 2 step brothers nad one step sister who harass me a lot over money and always keep demanding money from both of us as they r not well to do.

this also i was not informed about i came to know that they r his stap brother only after he went back to qatar immediaelty after marriage.

Please help on what basis can i file for divorce in this case as i feel cheated and used.

and he aslo hits me alot over money issues in the family.

i cant take this anymore and i have come back to my parents place on 10th Sept 2010

Anonymous   17 September 2010 at 10:54

Maintenance & DV

Sir,
I brother's wife who got married in July 2009,after married we know that brothers wife hv mental problem and having relation with her ex.boyfriend & she still maintaining her relation we v stop to do so, then she & her father send a legal notice of D.V and after 3 months, she residing seperately from my parents, but after 4 months of her independent house she again left the house in March 2010 she is residing her parents & maintaining her relationship with her ex boyfriend and not ready to understand any thing or comeback, so many times we try to resolve this problem but she file the case of maintenance & DV,her father also in all the activity and also blackmailing of my family, sir in this situtation what we do and what type of taken could be taken as sicne 6 months she is residing her parents, we always in fear the if she do something or do any illegal activity in her parents house & if she blame on us, on this condition what we can do, plzzzzz help us
we are very thanking you for your help.

Member (Account Deleted)   16 September 2010 at 23:46

regarding inerim in 125crpc & 12 Of dv act

sir i am student of M.C.A(MASTER OF COMPUTER APPLICATION)

my wife file a case of dv &125.she accepted that she has a plot of 50 yards in west delhi.

i have a proof that she is currently working in a watch company and also video and get income of rs.10000.

i am not working yet i am a student. i have not any piece of land on my name

i have a little daughter whom i paid 1000 per month.

is court allow maintenance for her ?


sir and she is saying in the court and in mediation that she wants to live with me

but i do not want him back

on the next date i.e tomorrow i have to give my answer in court that i want him back or not

i wnt to say no

but currently i am not in condition to give maintenance more than 2000



what i do to overcome from this problem
then what i have to say in court while she is saying to live with me while i do not want her back in my life

i have a slip of repairing watch given by her &i in her own writing and also the video of that time while my man giving to her that watch & taking the slip.is it valid to proof to proof her job

rajesh   16 September 2010 at 22:50

quashing DV complnt in null and void marriage

Respected Sirs,
Please suggest on below mentioned aspects from the case attached.
1. marriage nullity taken for granted?
2. can maintenance be nullified?
3. is remarriage possible persently?

case can be understood form the attached Cr. M. A. at High Court. Kindly go through that and advise please. It is already filed by me in HC, can I take risk to present it party in person?

siranjeet   16 September 2010 at 22:31

decree of section9 7 divorce

my friend got married in 2000 &his wife deserted him in 2007 7 he has 6 yr old son who is living with her .he filed a case U/S 9in yr 2008 7got ex parte decree of section 9 in sept. 2009 , as his wife refused to receive summons 7summons were served through all modes of service as per law like court messanger, registered post & publication in news paper .he filed acase execution of decree U/S 9. now she received summons this time 7 filed a case to set aside the decree U/S 9 OB\N THE BASIS THAT SHE NEVER REFUSED TO RECEIVE SOMMONS &IGNORANT ABOUT THE CASE 1can he file adivorce case on basis of decree u/s 9 as one yr is completed after passing of decree of section U/S 9 while case set the decree u/s 9 by her 7 case of execution by him is still is pending in court
2. if your answer is 'YES' KINDLY give me the case laws in regarding this.
3 as one yR after decree is complete can we should withdraw the case of execution U/S 9 ,IS WITHDRAWAL OF THIS CASE HAS ANY BAD EFFECT AS THEY HAVE NOT FILED ANY ANSWER TO THIS CASE AS JUDGE WAS ON LEAVE ON COURT DATES

Anonymous   16 September 2010 at 21:21

divorce

Dear Sir/Madam,
My wife was engaged with someone before the marrige even after the marrige she had even physical relation with him and me.
she gave a birth to a child 2yrs ago after the birth she started staying with him and never returned but that person is not accepting the child.now my wife wanted to put the child in the orphanage that i refused.after then she claimed for divorce from me or telling to keep the child i am ready for that.she claimed for maintenance that i refused.
can i refused for the divorce even when my wife demands in court?
i want she should foster the child weather stay with me or stay with her boy friend.
My age 45yrs
wife age 39yrs
boy friends age 32yrs person is already married but rich enough giving money to her family that i cannot give.
kindly suggest me can i refused for divorce
even if she demands.