Anonymous
12 September 2010 at 17:59
Ld counsels,
Both husband and wife attended private marriage counseling out of their own wish and no reconciliation occured.
In the suit for divorce can the wife plead that she did not condone the matrimonial wrongs which are alleged to have been committed by husband prior to the attending of marriage counseling. Does that fall under estoppel by conduct.
Kindly clarify.
Anonymous
12 September 2010 at 16:13
i am married for 25 yrs ( married at 15 age ) with husband 10 years older to me. married life was never good and husband never interested in me. husband encouraging me to go with others . i was mentally disturbed with this kind of attitude of husband. never got physical with any one else as i was religious. son is in abroad. now i have come to know my husaband is gay ( audio proof) and caught red handed.husband highly placed in govt service. i am totally disturbed and not able to cope with life and left home. please advise options for my life as i am a simple house wife. my husband still ants to be with me but i am not able to cope as i am going thro hell. Can the marriage be declared void as i was underaged at the time of marriage or i should seek divorce on mutual consent. husband not inetersted in going to court as he is highly placed in society. please help
Anonymous
12 September 2010 at 16:05
Ld Counsels,
What is estoppel by conduct. How is it relevant in civil and criminal cases. Kindly explain with possible examples.
slash
12 September 2010 at 11:33
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)?
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?
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re-marriage
Hello experts,
Me and my wife filed a petition for divorce by mutual consent in April this year and expect the divorce decree in the last week of october. My only query to you all is :
1. Can I get married again immediately after getting the divorce decree or is there a time period for that ?
2. Can I face any legal complications (from my wife) if I get married within 1 month of getting the decree?
Please advise me on this. I would like to thank you for your valuable suggestions !