Anonymous
03 August 2010 at 15:42
Dear sir,
I would like to know the position of wife and son incase if husband dies and foll condition
1. mother and sister of husband are alive.
2. they are staying seperately and have sufficient amount for themselves.
3. nomination are in favour of son and wife.
in a)LIC POLICIES.
b)FLAT
c)CO. PF AND OTHET BENIFIT FROM CO.
4. mother and sister have their own 1000 sq ft flat + sufficient bank balance + jewellary
for themselves and mother has made will in favour of her daughter(sister).
5) they both are not earning and inspite of having sufficient bank balance they takes expences from husband monthly basis,wife had no objection .
6)what will be wifes position where wife has left her bank job for looking after the son?
thank u
Anonymous
03 August 2010 at 14:48
I had obtained and ex parte divorce from my wife, But since I didn’t know where she was residing after she left my house and in order to get over with the case my lawyers sent the summons to the wrong address, but he also sent out a public notice through national news papers but again these news papers are not circulated where she stays. Now she has approached the court for maintenance as well as setting aside the divorce decree. My lawyer at the time of my divorce had also mentioned that I may remarry after a period of 30 days which I did. He told me that if I remarry the court can never reverse its decision. I have a child with my ex wife for which I am now paying a heavy maintenance(monthly) as decided by the court(after she re-opened the case). In a months time she will start putting up evidence against me. i has suggested to my lawyer for a one time settlement and upon talking to my ex-wife and her lawyer he suggested we take the case to the lok adalat. I would like to know :
1. does that mean that now my ex-wife is ready to settle the matter amicably?
2. she can easily prove that I took divorce on fraudulent basis. Can there be any foul play on her part in taking the case to the lok adalat?
3. Since the matter was to set aside the decree of divorce, will it mean that she and I will move to the lok adalat as husband and wife.
4. will the lok adalat consider my current wife’s situation?
Anonymous
03 August 2010 at 11:44
Ld counsels,
In a criminal trial can an accsued file a petition against the police officers if there are prima facie materials to show that the FIR and crimianl complaint are fabricated and forged with the help of complainant.
What penal provisiona are available to accsued for prosecuting the police oficers who forged compaint and FIR.
Anonymous
02 August 2010 at 15:14
Sir/s,
Is it right that succession certificate is required only for movables, like bank deposits etc.., where as for landed properties the requirements are differant
Anonymous
01 August 2010 at 23:26
Ld counsels,
will the family court frame issues in all cases before taking up the case for trail.
It appears that the procedure laid down under order XIV of CPC is not followed in all cases, however is there any chance that the court will refuse to frame issues even if either party to the suit files an IA for the same.
Please clarify.
Anonymous
01 August 2010 at 20:20
Experts :
Mr. Devajyoti Barman (posted on 31-July 2010)
Mr. Chachal Nag Chowdhury( Posted on 01 Aug 2010)
Mr.S.Subramanian( Posred on 01 Aug 2010
Sir,
Thankining you for the subject advice. I could not unnderstand the suggestion by Mr. Barman and supported by Mr. Subramanian in that
1) When the two parties have never communicated with each other since last 8-yrs ,how come mutual consent is possible ?
2) Wife has expressed at least her will to take divorce .What about husband, why till-date he has not expressed his will to take divorce.Wife is not chlidish to believe that the husband continued sending legal notices ( not a single was served due to wrong name as per postman), spanning over two years after wife's desertion, were containing love-letters requesting her to live with him. I don't know he had to send legal notices to take consent divorce after harassing her by police action just after her desertion and grabbing her all valuables.
3) Wife can realise (behind the Law) that husband did all those legal activities by illegal means to get ex-parte divorce. And, he should have married long back (difficult for wife to prove). thus wife's fear is that husband is now eating one cake (2nd marriage),and one he is still holding her since last 8-yrs, and can eat her any time he likes unless he dies. So respected advocate Mr Chanchal Nag Chowdhury's opinion about wife-"she cannot have the cake & eat it too" should apply to husband because by leaving husband she left the rotten cake, and till-now she has not even searched a cake. In fact, she would be in misery in her old age by living without life partner because her old aging parent can not provide her shelter and protection till they are alive. And, of course what about her happiness from married life ? What about her happiness from motherhood ? Who will help and protect her at the fag end of life ? Of course she should marry- but now she will appear in divorced category in matrimonial column,and that too with abortion.
4) How all this injustice happened to her. Our lawyers will charge her with cruelty on husband by leaving him sexually frustrated.Even our lawyers will not hasitate to charge wife of living unmarried means self-inflicted sexual frustration.
5) There is firm reason beyond doubt that husband has taken ex-parte divorce on the ground of wife 'NOT FOUND' because notices bearing her marital name (with valid address) are going back which she was just watching, abd only collecting intimation slips from postman, as she has no document till-date to prove her marital name. Marriage registration was refused by husband as Hindus rely on mutual trust and not mutual consent.
6) Last but not least-it is a clear case of abortion of justice brought by husband ,similar to the way he brought one for his wife, by using loop-holes in the Indian laws, and manipulating rotten and corrupt legal machinery of India.
Had the Subject of this Query been changed from "Wife dumps husband ..." to "husband dumps wife...", our expert probably would have given following opinions- Use 498A, 125 CrPC, HMA, Dowry Prohibtion Act, DV Act, Pregnancy Act, Constitution of India, Go to Women Protection Cell, Knock the door of NCW -but check limitation act for applicability of these acts
Sir, with apology, I request you not to misunderstand me as lawyer and any excesses in writing. I am engineering professonal, worked as lecturer, and Aircraft Avionics Enginnerng Training Professional and reading is my habit with no repulsion to any subject. I am just trying to find how this 'wife' can get justice.
Anonymous
01 August 2010 at 19:25
Hello,I am an Indian Christian belonging to Kerala state,now living in Chennai. I have 2 elder brothers and 1 elder sister. My late father purchased a plot of land in Chennai city out of his own savings in the joint names of himself and my mother (living as on date). Later,he built a house in it.In the yr. 1991, with the help of a lawyer in Chennai,my father wrote a will,leaving the whole property to my mother as sole owner with all rights to sell,mortgage,divide etc. as absolute owner upon his expiry.My late father expired on 21/6/1991 and my mother was sole owner after that date.In 2006,my mother,wishing to make early settlement of share of the property to us,children,sold the property and divided the sale proceeds equally between herself and us her 3 sons. I purchased a flat in Bangalore with my share in the very same year.I have one daughter. On account of personal reasons,I am thinking of writing a will regarding this property so that after my death it may pass on to my sister and not to my wife or to my daughter. However,as I have purchased the flat using funds not earned/saved by me,but rather,by way of share from my parents, will my will stand? In case my daughter goes to court after my expiry and claims the flat as her ancestral property, will my will be struck down by a court of law? Pl. advise me how to proceed. I am told that Christians in India are governed by the Indian succession act whereby even in these circumstances, parents' will will hold. Thanks®ards,-Raju Chacko. P.S. My sister was given her share (equal to us) at the time of her marriage in 1983
Anonymous
31 July 2010 at 22:53
Ld counsels,
Under order VI rule 16 of CPC it is possible to strike out the pleadings if found vexatious and causes prejudice.
This partly gives power to the civil court to reject a case pertaining to the pleadings that can be struck out.
In a case for annument of marriage under section 12(1c) of hindu marriage act the petitioner is pleading that the respodent is forced into marriage. such pleadings is expressly denied and barred under the section 12(1c) where only the peitioner before the court or his/her gaurdian can alone plead that his/her consent was obtained by force.
Is it possible for the court to scrike out the pleading from the petition.
Anonymous
31 July 2010 at 20:03
On failure to extract additional dowry, husband subjected wife to all kinds of violence after Hindu wedding and also harassed her parents who were not yielding to his illegal pressure till he got dumped by wife 7-months after wedding.
His vindictive attitude made him blind to such an extent that he deprived her of proper medical and health care and even
locked her and deprived her of food.After few months she was diagnosed and required emergency abortion. This was the result of cruelties inflicted upon her. Wife could not tolerate and expressed her desire to leave marital home.Husband became wild and punched her and dragged her by
hair and pushed her out of house. He even threatened her of divorce and warned not to come back or send parents, else to
face dire consequences.
She came back to parents' home and got her legal abortion done.Husband, instead of meeting her for reconciliation,filed false criminal complaint that she left his
house after stealing her own valuables.
She received an ordinary letter from police after 3-months to report and say
her side. She even received legal notices as ordinary letters from husband with charge of leaving her marital home with
valuables and charged her of cruelty of deserting and doing her abortion without husband's consent.
The reality was she came only with her purse, leaving behind her all valuables
Stridhan and household gifts.Even husband snatched the ornaments she was wearing including her Mangalsutra.
His aforesaid legal terror was shocking to wife and parents and so decided to dump such inhuman and cruel creature forever.
Eight years have passed without any contact or communication between the two sides.After about 1-year postman did came 2-3 times with regd. notices in her marital name.Wife did not have identity with such name so postman did not deliver, instead every time handed to her intimation slip, mentioning 'NOT FOUND'. Even once bailiff came and did
not deliver court letter on the same ground,but he did not give her any intimation slip.All these acts were only making her more painful.So she did not react as usual.
Eight years have passed without any contact or communication between the two sides. Now wife wants to
become legally free from the clutches of husband and wants to clean up the criminal charges leveled against her by husband eight years back. She does not want to claim any maintenance nor claim the valuables she left, but wants to pull
husband to court to prove the criminal charges which he leveled against her. She is also not interested to charge him
with domestic violence but would require to mention the same in defense of her desertion as charged by husband.She
even not bothered if husband comes to court as she is ready to take ex-parte divorce. Finally, she would not bother
whether husband is alive.
Please advise.
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Mutual Consent Divorce Procedure
Wife wants to file divorce for mutual consent due to incompatibility after discovering and whenst husband has admitted to having sex outside marriage with many women/prostitutes. He is habitual to sex outside marriage for long time, allegedly has admitted his weakness for whatever reasons (since more than 13-15years- wife is afraid, she might contact disease- Married for almost 17 years- husband when caught earlier pleaded forgiveness, but continued secreatly- was caught on 2 occasions, everytime pleads innocents, and continued- This has impacted mental psychology of children, and house is in shambles)
Q1. Can husband refuse to agree for mutual divorce? Does law allows to grant divorce if divorce is filed by wife - even if husband does not give consent?
Q2. What when wife does not want to keep any physical relation with such husband, and insists on divorce but allows husband to marry after divorce?
Q3. Since it is mutual consent without any allegation/counter claims etc., how much time does it take to get legal decree passed from time of filing?
Q4. Regarding Maintenanace, it is already mutually accepted terms between them, like house is in name of wife, husband will give 50% salary etc. No issues. Wife will look after 2 children.
Wife staying Thane. Does she has to file in Thane Court or she can file in Bandra Family Court?
Expert opinons are greatly appreciated to help this woman who ismentally and emotionally tormanted.Any other expert advise on how to proceed is most welcome. Thanks with best Regards...