Anonymous
06 September 2010 at 15:08
Have filed My divorce petition appeal case in District Court on the grounds of" Desertion and Cruelty"(Initially it was dismissed by Subcourt). Marriage happened in 2000.
I was an NRI till 2008, to attend the criminal case hearings have left the joband now awaiting to finish up the cases. Have paid @Rs.5,000 per month amounting to Rs.1.50 lakhs as interim allowance to her (until HMOP disbursement in Subcourt)
My wife has filed(in JM Court):
1.Criminal Case - IPC Sec 406 and 420 for cheating(an false allegation that i mentiond as CA/Auditor). Want to get more dowry and remarry.
2.Maintenance Case u/s 125- No child, claiming around Rs.10,000 per month
3.DV Act(3 prayers)-Want Reside in SharedHousehold, Need Maintenace of Rs.50,000 per month plus for mental troture/medical expenses Rs.20,00,000 & Custody of Locker(which is owned by her and her parents)
My query;
1. My wife after giving all these tortures, she wishes to rejoin
2.They(my father in law) wish whatever happens to her, it must be at my home(she threatned to commit suicide if compelled for co-habitation). They are ready to pay any amount to take her back.(her father is a big diamond merchant, he can buy anyone except GOD- from pin to plane).What should I do? (Did'nt even see her face for many years after disappointment, until we met in court. Just to claim huge amount she says she want to rejoin)
3.Should i need to pay maintenance u/s 125, even before getting divorce? And if decision comes from JM Court to pay Rs.10,000 where should i go for appeal?
4. Is there a possibility to move my divorce appeal case to High Court?
Anonymous
06 September 2010 at 12:09
Sir,
In the family one member has occupied the place showing the bogus will. The will did not come into force till the death of testatrix. After two years of her death a partition suit was filed not having the knowledge of the Will. The Will was challenged in the lower and as well as High Court ultimately the will was proved wrong and partition suit was allowed.
Now I am entitle for mesne profit as per the judgement of High Court. I have not mentioned specifically claiming the mesne profit in the the plaint . I have been deprived the possession of the land for total 25 years because the testatrix was staying in another place.
My claim for past and present mesne profits will be whether for total 25 years since the other party committed fraud and misappropriation or from the date of filing of partition suit.
Please elaborate Order 20 Rule 12 and Order 20 Rule 18 of CPC.
Thanking you,
M.S.N.
Anonymous
06 September 2010 at 09:55
Sir,
My son-in-law through his power of attorney filed a petition U/S 12(1) R/Wsec.13(1)(b) and 13 (1)(iii) of HMA.Inspite of conditional order the petitioner failed to attend the court for reconciliation.Hence,the Hon'ble Family Court dismissed the petition for default.
Now, I request the advocate fraternity as to what action can my daughter take against him under the given circumstances?
I would be highly obliged and thankful for the suggestions.
With regards to one and all.
sgrguy
06 September 2010 at 09:46
as siranjeet asked about desertion &divorce in my opinion term desertion should be replaced with seperation period &period should be 6 months.this amendment should be done in HMA ACT
siranjeet
06 September 2010 at 08:49
if a lady lives 6 month with her husband &lives 1.5 year with her parents without consent of her husband &doing this repeatedly .as per law desertion period 2 yr is required filing a divorce case.the law has given liberty to a lady live any where upto 2 year,your husband can not do any thing.IS I AM CORRECT?
what one should do,to take divorce in such a condition as it is very difficult for man to prove cruelty by ladies
Anonymous
04 September 2010 at 00:43
In an annulment proceedings can a petitioner produce the marriage registration certificae in which the solemnization of marriage as per hindu customary rites was accepted but claimed in the annulment petition that the marriage was not solemnized according to hindu rites.
Submiting a document that confirms that the marriage was solemnized but claiming that it was not soleminized in the petition.
Is it not barred by estopple.
kindly clarify
Anonymous
03 September 2010 at 18:51
Sir, can any body please upload the personal laws ( amendment) act, 2010. And please if any body could tell me its enforcement date,
i was able to find bill only, but need actual Act. Thanks
rajeev kumar
03 September 2010 at 03:47
my wife has lodged a complain against me and my family(father69yrs, mother67yrs,brother & sister in law, and married siste) to local police station that i m asking for 5 lacs and beat her occasionally.also taken his jewelery.
real thing is that jewelery has been taken by her after one day of my marriage(married on 2006 april)and being kept in her father's locker.she was at her fathers home from 23 march2008 to 09 june2010.after that she came to my house live for 42 days 10 june'10 to 22aug2010 and again gone to her home with all his goods with his father and lodged his complain. belive me no violence , no hot talk. she simply said i came here to make my case strong. i can not live with u people. u all r low level.
i m working in kolkata and my father is a brain stroke patient living in varanasi(up)with my mother. my brother is living in delhi with his wife. all r victim. please sugest whwt to do on this matter.
rajeev
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Mental torture
Me and my husband are married for more than 3 years.We had initial hiccups as he had some bad habits . Then later on he corrected and we were doing fine. Recently I had a fight with my in laws and have moved out to my parental home. I am fed up of my married life and do not want to continue but my husbad says he loves me and do not want a divorce . He is ready to reconcile which I doubt.
On what grounds should I seek divorce ? I do not want to continue with this marriage any more .How to end this relatioship and teach him a good lesson. Is it possible for me to end a relationship without his concern. He is adamant and will not leave me in peace. Please advise.