Anonymous
11 September 2010 at 18:02
Respected counsels,
In a matrimonial suit husbands files restitution of conjugal rights and after 6 months wife files annulment of marriage on the gound that husband was forced to marry her.
Can the allegation of wife be considered by the court especially when the husband filed restitution before wife's annulment case.
According to Hindu Marriage act only the petitioner before the court can say that her consent was obtained by force. Is the pleading that respondent was forced into marriage sustainable?
If the case of the wife need to be accepted, will it not cause pre-judice to Husband since he had already filed a restitution before the same court?
Anonymous
11 September 2010 at 09:37
I am filing a RCR next week. Is there any specific time period before which she should reply back ?? It has been 6 months and there is no communication between both of us (although we both work at the same office). I have tried many times to talk to her and was insulted..She keeps on saying everything is over but neither comes for compromise nor seperation. I need to end this as it is getting very depressing day by day. Can any body advise me the time frame with respect to RCR proceedings and how to move on from there legally.
Nick
10 September 2010 at 21:59
Thanks Sir.but lawyer said no need to take permission but he said for 2/3 months.I am very much scared about my travel if I traveled without permission.One more things i want to mentioned here my office does not know my case.I gone thru the all documents about the visa processing ,there i found some i need to declare whether i have been arrested or sent to JC ever.what should i write there as i don want to be in trap in another case?
Anonymous
10 September 2010 at 13:21
I and my wife are living separately since one and half years. She is working. SOn of 7 yrs is with me and daughter of 4 yrs is with her. The talks of living together were on for all these one and half years. I used to visit my inlaws place and we have spent 15 days of vacation together. But now it seems that, our marriage will not continue in these circumstances. I have few quarried in this regard:
1) since one and half years we are not living together. She got ration card separately and gas connection for herself. But we used to meet and also spent 15 days together. She is working, but not tried to get transfer to my place. My question is in the situation above, after 6 months can I claim divorce on the ground of desertion?
2) What is the recent legal status of 6 months mandatory period after filing divorce on mutual consent?
3) If she is ready for mutual consent and to look after daughter, is is necessary to give alimony? She is working and earning around 20K pm.
4) Her working timings is 4 m to 11 m. Can I ask for custody of daughter on the ground that, she is not able to look after her..?
rajkhandpuri
10 September 2010 at 12:49
thank you Mr.Prakash, Mr.Derashri and Mr. Subramaniam.I was told that if my daughter goes ex-party then my son in law can file a crl. case against us for fraud as he has alleged in the nullity petition.Is that true?
Vinoba
10 September 2010 at 11:38
the experts are absolutely right for reasons that an one year old child needs the care and custody of a mother only.
Nick
10 September 2010 at 10:54
is there any way to make any counter case against 498a/304b ipc?please suggest.
Anonymous
10 September 2010 at 10:43
Dear Sir,
My self and my family are the victims of 498A/304B IPC.
Just I wan to share my case in short.
I had been married for 1yr 4 months and my self and my wife stayed at metro city almost 400KM away from my native place. My parents were staying at native place as my father is a service man.To be honest I did not take any kind of dowry by means of cash and gift not even like fridge, wardrobe,tv,washing machine etc . We had a very good relation in every aspect and we are really happy family. My parents and in-laws are used to come into may place frequently as well others relatives.
One day morning we had a fight on my smoking habit and the accident happened.
My in-laws made a case on my family includes me, mother and father where as my parents were not at my place on that day.They came from my native place and got arrested next day of accident.
Just want to mention one thing that we are not feeling guilty in our heart as we had not done any kind of any misbehave to my wife or to in-laws family.
I am not saying lie to live, just a honest statement.
What ever they mentioned in FIR are 100% lie and no evidence so far, where as I have all evidence like bills of buying furniture, jewelry, hotel bill and even I have credit card statement where I had given a hospital bill for my father in-laws treatment.
My mother was in jail for 19 days and me & father was 89 days in jail custody.
So far I knew and seen in jail that so many people are suffering punishment for false case.
I want to know if any same case got relief from session court as I have seen no body got relief from session court on this case.
Please suggest if any things can be done to win this case from session court.
I want to ask one more question.
Can I travel out side country for 6 months on official work? If yes please suggest me the way.
Thanks & Regards,
abc
09 September 2010 at 21:24
my wife who is with her parrents, bore my son last month and so far she did not let me about this good news......and at this stage I just want to meet my son.....and want to keep my son in my custody....kindly suggest me....
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Contested divorce
i had a three year duration of marriage. Now my wife wants her independence but does't want to divorce me. she wants my money, property (joint) and had filed a false complaint in women cell. luckily i had moved to a hew house and filed for divorce based on cruelty and harassment She has also changed her address which i do not know.
My concern is an outstation joint property(20 L) under construction .I have payed 10 L and she 1L. rest installment we haven't given.My lawyer advices me to apply for Suit for specific performance ( she isn't working). the court fee will be 10% (2L). should I go for the case and how will it affect my divorce petition (as wife has 50 % stake in husbands property)?