Ashok
26 November 2009 at 08:43
Summary
I m earing 30000 plus, married May 2007. After 8 months wife went to her parental house with his father. we tried to settle the things but things were happening again and again.
in Sep 2008 they dragged us to police station and demand money(Rs 10000/month) and also i have to visit her parental house every now then just to toucher me and leave under there order. In order to avoid 498 and not to disturb the career and family, i was ready for above conditions.
For initial month i have sent 10000 rs through MO. but for the 2nd month have sent 1500 due to some problem. Immidiatly after that she comeup with thretening call that she will go to police if i dont give her whole amount for the month. i tried to convinced her that will give her in next 1 week. but she forcing me to come to her parental house which is not possible since i am working some other city.
Based on the MO Statment and the her thretening conversation we have sent court notice to come back. But they didint replied and at last they comeup with divorce solution.
in Mar 2009 we have register the first motion. Sep 2009 was the date for 2nd motion. i have given her all the maintenance of Rs 150000 in cash as well as her gift in the marrage. have the photocopies of that and also mentioned all these details on stamp paper which is made up by some intermediate people. The case is filled in Kolhapur session court, Maharshtra
We have given the same lawayer for both as per there condition.
My queries are as below.
1) Now its almost 10 months after we register the first motion. what if she not appeared. will court pass the divorce decrea in any case with the above details.
2) Can the case will remain valid from 6 months till 18 months or court may cancel it earlier in case failure to appear within this period.
3) It may happen that they(Laywer) might demand for more money. what if my lawyer give me false date due to that and have record of conversion of the lawyer that with me. Is there any way to convince court that was due to false date.
4) Is there are any options available for me to get the divorce based on the Money order statement which they demaned and also the stamp paper & photo copies which i have return there gift to them.
5) In case she change her mind and return back what will be my stand(She definitely do something in my home so that she can register a complain of 498 against me which she failed to do in the past). i have allow her or what options i have(without disturbing my family without trouble)
6) Her father is professor(But is alcohol adicted person), so how i gave them trouble(without disturbing my family without trouble).
7) what if i married to other in these schenario.
Sorry for the so much queries. but i am confused at the moment where to go and what stand to be carried out in order to do not distrub my career and my family.
Please advice. thanks in advance for your valuable response.
Bharat
26 November 2009 at 08:28
Hi,
Presently I am in USA since 7th April 2008 and someone from my relative filed 498A case against my family and also included my name in that on July-2008. That time all my family member got bail but as I am in USA, so police marked me as "Farar (La-Pata)". Now I am planning to go back to India for one month and want to come back to stay in USA until my Visa gets expired (it will expire in Oct-2010).
My Questions are:
if I go to India then would my passport be taken by Police? or suppose if I get a bail then would I be able to come to back to USA?
What are the options opened for me?
Please guide on this.
Prashant Kolte
26 November 2009 at 00:25
Sir,I am Prashant,after 12 years of marriage,my wife has filed Domestic voilence petition against me in may 2009.To avoid future arguments with wife, from that day, I left my home & staying in rental place(same city) with my mom-dad..She demanded 3 things in petition...first 2000 rs monthly for my 2 kids(age 11 & 8 yrs).2nd 10000 rs monthly for her expenses..3rd permanent order from court to me that I will not sale my flat(where she is staying now with 2kids) in future...Trial is going on..But court gave intrim order 1st..2000 rs mnthly for kids...2nd order-till the result of this case,I can not sale my flat in which she is staying with my 2kids..3rd-do not remove her from my flat..All other demands of her has been rejected by court.Sir,I did B.E & MBA.Presently I dont have any job or not doing any business bcz for business I dont have funds.Also I took loans from various sources like personal loans,credit cards,car loan,amount from friends & relatives before this case..For paying all loans amount 14 lac Rs & to do business,I wanted to sell my flat(approx cost 20lac Rs) but wife did not agree with me.She need security right now & dont want to support me for selling my flat.She asked me to take money from your father who is capable but I can not do this.This is the main cause for her to file DV petition.I am the single owner of flat not jointly holding with wife.But she demanded to court the order that i will not sell flat in future.She also submitted papers showing various property in the name of my father & mother.But I have no option to sell flat & have cash for paying loans & also for livelihood expenses of me & my family.
My query is Can court at the time of final result give me order that I can not sell my flat (in which she is staying with my 2kids) for long life?Is it possible that I will arrange rental accommodation for her,rent will be paid by me & sell the flat?What are the remedy available for me?Bcz I need to sell my flat to pay loans & livelihood expenses.There is no option for me except to make suicide.Can any law of India grant me permission to die?
Please advice me in this regard.I would be greatfull to you .Eagerly waiting for your opinion.
Regards,
PRASHANT K.
25.11.2009
Anonymous
25 November 2009 at 19:55
hi
i am manish verma married from last 14years with 2 children wants divorce.she live in our home and i live in ranted house from 8 months. our common friends and relatives patchup our differences many times but it not work after some time it start again . due to this i seperate from my family and our childrens also suffer. actually i conclused that the main reson of all this is my financial iosses and my business is not doing well. we are not fit for each other as she is not cooperative by nature and so her family. i know this effect my kids but our fighings are also not did good for them.so i need suggestions am i in a right path should i file the case first or wait from her site because she need only money not me.as i airady give financial support to them which is also my duty.but even they do not care of my health. i did my best to save this marrige but now i am fedup of all this fightings and pollice cases which is humulated. and i dint want any tipe of compromice. pls. gide me.
thanks
Anonymous
25 November 2009 at 19:53
hi
i am manish verma married from last 14years with 2 children wants divorce.she live in our home and i live in ranted house from 8 months. our common friends and relatives patchup our differences many times but it not work after some time it start again . due to this i seperate from my family and our childrens also suffer. actually i conclused that the main reson of all this is my financial iosses and my business is not doing well. we are not fit for each other as she is not cooperative by nature and so her family. i know this effect my kids but our fighings are also not did good for them.so i need suggestions am i in a right path should i file the case first or wait from her site because she need only money not me.as i airady give financial support to them which is also my duty.but even they do not care of my health. i did my best to save this marrige but now i am fedup of all this fightings and pollice cases which is humulated. and i dint want any tipe of compromice. pls. gide me.
thanks
Anonymous
25 November 2009 at 19:30
My grandfathers have some Land & Buildings hai. Grand father had 5 sons. Grand father & two sons had been expired within 10 years. Now my Uncle illegaly overtakes some Land & Buildings. My 2nd Uncle lived other city. He is not interested to sharing Land & Buildings. My father what do for Sharing? Please tell me
aisha
24 November 2009 at 16:31
I got married in july 1996 n a temple / court ( but the marrge certificate was found forged lateron ) .later 3/4 yrs i came to know that my husband had contracted 2nd marrige . I fled a complant in high court in 2002 and my husband denied marrige with me and admitted that he is marriad to othr lady in nov 1996 , in 2004 i moved a complant in dist court u/s 376 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 refused of any other marriage . He also gave affidavit of that lady 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 saying that i am hs 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 . I have proof of documnets where her name is written as his wife his
passport ,
Biodata sumited in Govt dept ,
Affidavit in High court,
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
While disposing off Domestic violence case filed by me Add Session Judge also held that he has commited the offence of bigamy
Last Month i moved application to police . But they are not registering case . the say that i have to move to court only.
Plz advice what action can i take?????????
Police cant register case directoly ???????
He has completely ruined my life.
I had moved one contempt of court in High Court for giving false affidavit in High court . it is still awaiting AG' permission.
Ashok
24 November 2009 at 09:10
Hi, Me & my wife has submitted the first motion 8 month back. wanted to know the dates now on which we have to appear for the second motion. is there any way throught which we can get the dates of the second motion. we dont want to contact our current lawyer.
please advice
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Summons process in other then india country
I have filed a domestic voilence case, but as husband is in african country, he has ignored the summons send to him thrice.
Please need your suggestion on to what and how the things can be speed up .