Anonymous
05 July 2010 at 12:52
Dear Sir,
I need expert advice for one of my friend,who is not well educated and a vegetable vender.He got hi daughter married almost two years back.The girl is a bit slow in understanding etc.Her husband and his relatives are eying for the jewels and some house property for the girl from her father.The husband is a van driver and never bothered about giving any basic things for the girl.The girl became pergnant and he left her back in her parents house for delivery.A girl child was born in January and the girl was staying with her parents only since the delivery.He visited the girl ony once after the child delivery,but never even brought any thing to the child till today.He and his relatives came pestering the girl parents asking them to send the girl to his house.,They even used force and threatened of beating etc the family.a month back,the girls relatives took the girl to the house of the husband and left her there with the id.The husband never even cared to get anything for cooking nor food for the child.The house where he was residing did not have facilty for cooking,no ventilation.He just left for job and came back home late night.The girls parents did not send any of the jewels of the girl or for the child with the girl.Their aim was only theses monetary benifits which they did not lay their hand on.The girl next day unable to bear the situation called her father and requested him to come and take her back,which they did.The husband called up the father on phone and started using abusive language asking him send his wife back,which they refused,because of lack basic facility and were afraid of the guy putting the child and wife to death.One fine morning the husband arranged to transport the belongings of the girl like almirah and few things,and unloaded it outside the girl's house outside and left.He called them up on phone and wanted to settle the case by paying money and letting him free from the marriage.The parents asked him to decide as to what he will give to the child and wife in case they seperate.He did not say anything.One day the husband's brother came fully drunk and used all abusive language at the girls place when no male member was there.When these people called up the police they ran away.
Two days back the husband came to the girls house along with a couple of people and beat up the girls brother and insisted on sending the girl and child with him.When the girls side tried phoning up of police,all of them ran away and lodged a police complaint on the girls side that they are refusing to send his wife back.
The girl's side also made relevant complaint wity police.The inspector called both the parties for enquiry.The girls father bluntly refused to send the girl for fear of the husband harassing the girl and getting her killed wit the child.The girls father told the police that he will get the divorce matter settled at Family court seperately.The husband was told by the police that he should not go to girl side and pester or create any problem.Thus the case at police station has been temporarily settled.
On enquiry we have found that this husband had alread married ca girl few years back,lived with her,harassed her a lot for money ornaments etc,and had threatened to kill her . The girl side came to know of this,since the husband was a notorious gangster they just by force seetled out side the court and got the girl away from the guy.The way he is proceeding it looks that he wants to getb rid of this present girl too,somehow without giving any allomony of money as compensation to the girl and want get divorce from the girl as he will not get anything from the girls side,so that he can go ahead for yet another marriage.
Kindly advise us to what should we do at this stage.Should we file a criminal complaint on the boy,if so where and what sections.Should we also file a divorce petition at the family court seeking divorce and compensation and monthly maintenance for the girl and child Female.What are the grounds we should seek this divorce.The girl and boy both are resident of Chennai city and married in Chennai city only.What will be the legal expenses for completing the entire case.Can you suggest s good dependable advocate for theses proceedings.
Also clarify as to in case the Family court awards maintenance to the girl and child how the husband will be instruted to pay the amount every month and how to make sure on this and if he does not pay what is the remedy.
Thank you very much for this help.I di a lot of social work for the needy and hence this email
Anonymous
05 July 2010 at 12:07
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?
Anonymous
04 July 2010 at 23:25
Can husband file divorce petition if his wife is staying in same house along with him?
They got married in 2004 and no relation of husband and wife between them?
Anonymous
04 July 2010 at 22:58
respected sir,
I am placing this for the benefit and sake of a needy widow. Her husband died recently that is on 19/6/2010, and she has only her sister-in-law alive with her who is also married.Now the property which she has is a residential property in which she is presently living.It is in the name of her mother-in-law who is no more and it has not been transferred in her husband's name who has expired.Now the question is will this property belong to her that is the widow or it the the property of her sister-in-law as she claims that she has the right over the property.
Thanking you.
Anonymous
04 July 2010 at 08:56
Dear Sir/Madam,
I have received a divorce petition under Hindu Marriage act on the grounds of Cruelty.
The fact is that my husband is born a christian and never converted to Hinduism, though the marriage on his request was performed with Hindu rituals in the presence of both families. Both families did not know that a non hindu cant get married to a Hindu ( I am a Hindu). No certificate was issued on our marriage, though we have our wedding picture which he has attached in the petition. The marriage was never registered under special marriage act. Later, 6 years after our daughter was born at the time of her baptism, we got our marriage registered in Church without myself getting converted to Christianity. I have the marriage certificate with me issued by the Church. Interestingly, my husband has not mentioned this fact through his petition and said since his acquintance with me he was living the Hindu way. I do not even understand what is the Hindu way of living--we never went to any temples, or performed any Hindu rituals through out 20 years of our marriage.
I have been put under tremendous pressure by my in laws to get converted which I resisted through out.
1, Shall I challenge this petition on the grounds of maintainability?
2. Shall I proceed with the counter without challenging it?
3. Any possible motive as to why his legal adviser suggest to him to choose one over the other? Surely his legal adviser must have been aware of the non maintainability of the petition?
There are two views on it. According to one view its maintainability should be challenged, but according to the other view another one says that it is Ok to proceed with the Hindu marriage act without challenging it and we can take the pressure on me to convert issue later in the proceeding. I do need your expert view , so that I can arrive at an informed decision and take my stand in consultation with my legal adviser.
Arvind Singh Chauhan
03 July 2010 at 22:32
Order to pay 1800 pm as interim held against my client in 125. After order my client revealed that he is paying 1500 interim under h m act. What to do now.
Anonymous
03 July 2010 at 22:00
I am not in talking terms with my wife and her parents. She is residing in her brother's flat with parents. I have no address of the flat.I also do not know the address of the school where she teaches.But I can spot the location of the flat and the school physically.I have the address of her ancestral home(they now dont live here) with documentary evidences such as marriage certificate.Can I take ex-parte divorce sending summons to her ancestral home.
Anonymous
03 July 2010 at 18:41
I married a Central Goverment divorcee woman having 2 daughters from her first husband. She died of cancer a year later. Minor daughters 8 & 10 remained with me and they were treated like my own children. I applied for guardianship of minor daughters in session court.
I was getting family pension.
I remarried after 9 months of death, but continued to recieve family pension for 2 and half years after remarriage. Then on advice from some lawyer I wrote to bank to stop transferring pension in my account and it was stopped.
Children remained with me all these years and and I got guardianship from court after 7 years recently. Children are now 17 & 15.
What should I do now to claim Family Pension of last 4 years and for children in future.
V K Manchanda
Priyanka mehta
03 July 2010 at 18:08
husband has filed petition for restitution of conjugal right but wife has sufficient reasons to live separate from husband and have also lodged sec 498a against husband..
can she claim maintenance under sec 125 of crpc? or it is good to claim maintenance U/s24 of HMA
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divorce
i m husband want divorce as i faced many fake allegation and fake cases under dowri and other acts. pl provide all related law, judgements in relation to compansation us 24, divorece, dowri act and defamation