Anonymous
19 July 2010 at 14:59
Que.1.Expiry of one year from the date of Order of RCR and their is no Co-habitation their after,in such a case can either of the parties move application for Divorce or only Judgement debtors only has the right to move divorce application?
aisha
19 July 2010 at 14:21
I got married in july 1996 n a temple / court ( but the marrge certificate was found forged lateron ) .As my husband was denying marriage with me and was leaving with other lady,In 2004 i moved a complant in dist court u/s 376 /494 etc and case was registered against him . in 2006 after relising that he is in trouble he/ his relative approched for compromise and promised to behave in future and gave affidavit in the court that he is only married to me and he has not perfomed second marriage.And that lady also gave affidavit in dist court that she is not married to my husband and my husband also gave affidavit in high court that he is married to me since july 1996 where he had moved application for quashing the said FIR(however that was not quashed) and also gave affidavit in distt court that he is married to me only and nothing to do wth othr lady.He also married me again in aug 2005 according to Hindu rites.
As the matter was compromised we were living together i soften my statnd and he was aquited in nov 2005 and court held that i am his legally wedded wife and second marriage was not proved so no offence was madeout.
He again deserted me feb 2006 and filed divorce case in march 2006 which has been dismissed as withdrwan in oct2008 as to avoid paying maintenance to me . Now He is living with that lady and introdusing her his wife everywhere . He also admitted in divorce case that he is married to other lady when he was confronted with passport and one biodata given to some govt dept.I have proof of documnets where other women's name is written as his wife his
passport ,
Biodata sumited in Govt dept ,
Affidavit giving his / wife property details to Election Dept in Sep 2009.
While cross examing in Divorce case he also admitted his marrige with that lady when he was confronted with above documents
That lady has also made voter card with husband as my husband
While disposing off Domestic violence case in 2008 filed by me Add Session Judge also held that he has commited the offence of bigamy
He has completely ruined my life.Now i want to file case against my husband and also that other lady
My querries :
1.Can the above proof are enough to prove bigamy (as i dont have their mariage pic etc)??????
2. if i file bigamy case, can i make other women party or witness
3. can any offence is made out against other women
4. what other action i can take againt both of them
Anonymous
19 July 2010 at 12:05
My wife has filed 498A against me, my parents and other relatives in Dec 2008 which is false case.
My wife and I had filed a petition in court for divorce on mutual consent on May 2009. At the time of submitting petition she has accepted 4.5 lacs and I have to pay her 4.5 on the judgment day. After 6 months she has changed her mind and now she is not attending the dates in court. Meanwhile in January 2010, I have filed a divorce case in court. Recently she has filed FIR on my cosine brother for 509 (Sexual Harassment and Rape), this is again a false case. She is also trying to enter in my room where I leave with my friends. She and police said she can stay with you wherever you live. She is trying to harass me and my parents by all the way like police, laws, by filing false cases against me and my relatives. My Question is: How I can stop her legally from entering in my house?
N SURYANARAYANA
18 July 2010 at 20:39
A couple who were wedded a decade ago are not having children. A situation has come where it is not possible for any patch-up between the couple. The couple wanted to obtain divorce by mutual consent. My querries are:-
(1) Is consent of the parents of the girl a necessary/must for obtaining divorce by the couple by way of mutual consent ?
(2) If no consent is given by the parents of the girl on account of bad conduct of the husband will it come in any way for the couple to obtain divorce by mutual consent ?
(3) What are the rights of the wife over the property of the husband in case of divorce by mutual consent ?
(4) What is the correct proposition of law ?
ChandanLawyersclub
18 July 2010 at 18:56
Dear All,
I and my wife were married, 6 yrs back in May 2004.My wife was going well two years with me, we have tried for a baby after July 2005 to August 2006. But she was unable to conceive. I bought a joint property in both of our names in Chennai now worth 65 lakhs now. I have still bank loan for the same around 25lakhs. I have paid all money. My wife has not paid anything. She joined a job in feb 2006. Her boss helped us to buy the property. My wife has lot of confidence on him, we kepy all cash in his hands, but latter we came to know he has taken 4Lakhs himself. He has washed brain of my wife, my wife started avoiding marital relation with me, and starts living in separate room, threaten me for dowry case, slowly we have huge misunderstanding. I have suspense she has relation with him. Once she came to her parents place in Nainital. I got another offer and changed the job from Chennai to Kolkata in Nov 2007. I left the Chennai without telling to anyone. I told her after 3-4 months. I was showing lot of anger to her thinking she will improve...at that time
Latter I went to take her in May2008, Till now I have gone to take her at least 10-11 times . She has joined the job in Dehradun, every times she says she will come but not coming from last two years.. I have sent a restitution notice from a lawyer also in 2009 Oct. She has not replied
Her parents have also tried best to send her with me but she is not thinking.
She has very negative outlook for family, kids. I have even asked her, I will give her abround 10lakhs after selling Chennai house , if she do not wants to stay with me. But she has to agree for divorcee .She is not deciding from last 2.5 years
I am sending her Rs 5000 per month also. I do not want to spoil her life, but she do not have any emotions for me. We do not have any marital relation from last 4 years now.
I am planning to send her second notice for restitution. For first notice she has not replied. She is not coming back, not willing to divorce me also, even after offering her around 10lakhs she is not deciding. I have tried her to take to marriage councilors to save our marriage, but she is not at all willing to come. I am now 36 years. She is 31. I have lost 6 years of married life. I am very much depressed nothing is moving, my mother is very much upset to see my personal life. Now I moved to Bangalore from Kolkata 5 months back for another job. I earn good salary around one lakhs per month as take home. plus around 2laks bonus per annum. She gets around 8000per month. I have tried my best to save my marriage still trying for the same.
My wife is only one daughter, (single child) on her parents, her father gets pension of 12000per month. Have enough property and money for her. They also wants her daughter to come with me, she is not listening to anyone.
What to do in such case.. How long I can wait..already 2.5 years over.. how to get her back or get rid off from her. How much I have to pay her to settle divorce, how long it will take , she is not willing to give ..pl. advice regards Umesh
Anonymous
18 July 2010 at 01:26
If husband wife are married for 1year and two months, but are living apart for past 5 months then when and how would they be eligible for divorce as per Hindu marriage Act?
Anonymous
18 July 2010 at 00:11
Can I file a RCR , when my wife is out of country ? She is an arrogant woman, who does not care about my family , she left fighting with my parents and went out of country without informing anyone... My in laws are also not answering our calls.. Can I File a RCR ?? what should I do to get back to normalcy ??
rdburmanmusic
17 July 2010 at 16:45
sir i filed divorce, later my wife filed false 498a went without informing. after 1 month with some mediator she told she vl be back to stay with me!!! (to create scene and file planned other cases on me) i refused and told i have faith in justice i will never join her as i lost faith in her when she filed false case. they are ready to withdraw case but i know her and her fathers criminal mind. i m sure shot never allow her to stay with me once again let divorce be at anytime because she has done such dramas many times and sacked me.any suggestions?
Anonymous
16 July 2010 at 22:15
HELLO ALL LEARNED EXPERTS
MY LADY CLIENT IS GOING TO TAKE DIVORCE WITH THE MUTUAL CONSENT AND SHE KEEPS HIS MALE CHILD WITH HER NOW SHE WOULD KEEP HER NAME AFTER THE NAME OF HER WHETER IT IS POSSIBLE IF YES UNDER WHICH ACT AND WHAT IS PROCESS
WHAT SHOULD TAKE CARE AT THE TIME OF MUTUAL CONSENT OF THE DIVORCE AT THE SIDE OF LADY
REGARDS
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adoption
sir,
my wife and me are Cristian persons. we don't have any baby. we want to adopt a 06 months old baby from another Cristian family. parents from both the sides are agree. but the problem is that under which Act/law we submit adoption deed to the sub-registrar?
kindly suggest me the law and what if another family is Hindu?