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Law Querier   06 March 2018 at 10:42

A divorce claim again in india when already got from foreign

Marriage is solemnized and registered in india according to the Hindu marriage act. Earlier the petitioner got ex-parte divorce order from foreign country which is not accepted by respondent because it is not according to Hindu marriage act and Indian law. Then, again petitioner has filed divorce petition under Hindu Marriage act in cruelty ground in India.
Que: Can a party file divorce petition in India again, when earlier he/she got divorce order from foreign country?

Lata   06 March 2018 at 00:15

Procedure and time to dismiss false divorce case

Please clarify
1.How long would it take to have a false divorce case based on cruelty by husband dismissed?

2. Is a 3 to 3.5 inch manhood small enough to become a ground for divorce by the wife.

3. The husband and wife have both quarreled and exchanged heated calls and msgs. Man is financially more powerful and influential. Generally what do Courts say in such cases?

4. Citations to dismiss false cases based on cruelty when desertion is not a ground.



Anonymous   05 March 2018 at 21:40

Can we call new witness after closing of evidence ?

I represent the plaintiff in divorce case on grounds of cruelty. parties eloped & married and now dont want to live togerther. Case is now ex-parte. In evidence I have given sms conversation b/w parties. Court now wants to prove phone number belongs to respondent. I am not sure if respondent has number in her own name or not. Evidence is now closed and on last date matter was listed for arguments and court asked to involve mobile service provider. Can I call mother of Plaintiff at this stage who I did NOT call before to give evidence that respondent never came and lived in the matrimonial home and that she sent the abusive SMSs and etc... Do I need to move any application to get her evidence admitted,under which section? Please Please Help Me. Thanks in advance

Anonymous   04 March 2018 at 11:38

Joint family land

Hello Sir/Madam,

I have query about a family joint property can you please advice me what to do and how to approach.My mother born and brought up from Raichur,karnataka . They are 5 children to my grandfather 3 sons and 2 daughter my mother is 3rd in number.
Now coming to the point My grand father has left 25 acre land which was family property of his father i.e the land was belongs to my mothers grand father and transfered to my mothers father after my mother grand father death,my question now is do the daughters have the right to cliam right in property if so how should they approach legally . Do the court is giving daughters equal right in grand fathers property .
2. How is the land registartion process in Karnataka and Telangana same or different ? .

Dhirender Wadhwa   03 March 2018 at 23:19

How to proceed in family court to bring culprit to law

Greetings to all learned...
I have been taking advices and have always found them of great value and use... Please help

I am in NCR. My sister (doctor) married (love and arranged) a doctor(her senior in lucknow college). After completion of her internship (lucknow) and gyno course (delhi), shifted to matrimonial home in gorakhpur. MArriage was done with all we could. Clearly denied dowry (four wheeler, gold gifts for most relatives and amount to build a clinic). My father and i were only working then.
Family seemed well educated. husband's elder brother settled with family n bangalore (IT sector), sister studying medical, mother primary school principal.
My sister also did hospital management from delhi. Gyno & management thru distant learning systems. All fees were born by me and my father. Aftr she shifted with in-laws and husband, she was confined to house with ghoongat while doing house chores and attending female patients in clinic (run by husband in outer rooms of house). Also was to do guest fooding and good bahu rituals of brahmin samaj simultaneously as most of female patients allowed to her were relarives and/or known families only.
She had two sons in due course of 8/9 years of marriage. Both born here. All expenses paid by me, brother and my father for months before and after with loads of gifts while returning (brahmin customs of one year all expense of new born) >. No one ever visited my sister during pregnancy. Husband came to see his sons for 1/2 day on birth, as he states that he can not leave his clinic. This reason has been constant for all these years.
Mother in law never liked her. My sister was always neech jaat, as husband family is brahmin and we are not. Does not take care of her sons, as is busy with her daughter (now govt doctor) and her sons (sister in law stays at her mother's for 3/4 days a week).
when elder son of my sister was old enough for school, my sister shed her inhibitions and took a job in medical college. Has been paying for her sons fees, fooding, her own maintenance since withour help at times of high need (admissions, medical etc). Has been takng her kids to child doctors. husband and family has never been of help. Paid all the room rents (for her husband, children & herslf) while matrimonial home (at different place) was under renovation and family lived in small rooms separately, while husband ran his old clinic (old house)
Husband turned violent from abusive for want of his share in the salaries to cover his betting debts, liqour needs, and more. Family also knew of affairs of husband and never interfered, while my sister received beatings (for asking to fill ration, not give or transfer for his needs, etc). Even children started to get beating in drunken states. I was awstruck when my family was informed of her so-called accident (fall from rooof) one day. I reached her next morning to find her in bed (she had bone deep cuts in head and bruised all over) with her two kids (2.5 and 13/14 months) crying, while no one cared and husband was ready to leave for his clinic. Left stating that he had stayed back to meet me, because i had informed of my arrival after reaching the city. I had to bring her back with children for medical care.. (Had stayed their for 2 days, was taking her to hospital and doing all chores of her children except their bathing, while family lived in same house and husband never took leave from clinic.) All expenses were again borne by us.. not to mention that no one even cared to drop us to bus station. Her younger son stayed with us for a year while she went back with elder one after a month of care. No one except my sister visited the child. Husband telephoned total 3/4 times only.
Had never told us of her miseries, while my family has been taking care of all their relatives and friends who visited and stayed at our place over the years. Though i doubted due to her regular need of money (feeble reasons), her mother-in-law always in complaint mode (even while i had always seen her following their regulations and rituals) on my visits at events, husbands attitude and non-closeness to his sons, my visit on her accident. My father never visited her in-laws after he was indirectly but openly abused on his first visit (never told us until recently, when sister talked about it).
​3/4 months back, she left her husband place, with two sons in their school uniforms and bags and her worn clothes. Intimated police online and us while in train. Opted for women cell, but husband and family attended only 3 dates out of 8/9. Sister registered compaint against Husdand and parents only. Filed under 307, 498, and other family sections, after no results and continous threats from husband over phone, and pressure from his relatives and calls to me and parents with allegatons. Filed a case under 125 only. Sister wants to bring her culprits and harrasers to bars.

​Please help in terms of sections, proper way. Lawyer seems slow and does not provide much info on how he will proceed. Police has done zero work on the case, while lawyer tells that nothing can be done before police report. Proper leagl advices from this exteemed forum can help us bring them behind bars in time.

Anonymous   03 March 2018 at 18:07

Transfer of the receipt in my name

Dear Sir

I am staying in dadar east since 27 years after marriage . My query is that the house is in pagdi system and the problem is that my father in law had 10 brothers and 2 sisters and they were staying together and at present all have their own houses and got settled from the past 27 years it was only my in law and my husband and my children are staying. But till now the rent receipt is been issue in my father in law brothers name. I had been telling to my late husband to transfer in his name but not done now I want to have the rent receipt in my name as I am paying the rents and rest of the amount of repairs etc. The person name the rent receipt is there is his alive an d 95 years old if he gives me the NOC will the owner give me the rent receipt in my name and when asked him he is telling to get the NOC from everyone from there the families are there but half of then are no more. what should I do to get the receipt in my name kindly advise as there will be problem further for my children .Its only one NOC from the person in whom the rent receipt is issued or even the rest of them. The owner had earlier refused to give the receipt in my husband name too.
KIndly advise urgently ,

Anonymous   03 March 2018 at 08:01

Divorce

I am married to this person for four years. Ours is a arranged marriage. He became jobless within six months of our marriage. After that he stayed in my parents home for one year without any job. He had a personal loan for 5 lakhs. No savings. After one and half years of marriage he got a small job and he went out of my city. He started giving me mental torture by asking me to get my father's property. I resisted him. But he kept on torturing me mentally. After this I took a home loan and bought a house for us. He started asking for a car. I said I can't afford him all that. He said then go away from me I don't want to live with you. Many times he continuously was asking me for divorce. We don't have children. At one point I lost all hope on him and decided to take divorce.

Now he and his parents are not ready to give divorce. I have given him money to the extent of three lakhs in these four years of marriage. He never did anything for me till date.

He used to abuse me by calling my parents bad name all the time for not giving property. He never let me eat or sleep on a daily basis.

Tried to strangle me when I was asleep once. Tried to push me from the stairs when I was climbing up the stairs.

I want to cut all my relationship from this person once for all.

He is now put up in a job in Delhi, I am currently in Chennai. His parents are not giving his address for communication. What should I do if he is not agreeing for mutual consent divorce.

I even have a doubt whether he will reply to the notice for divorce if I send him.

Kindly help me.

Ananda Banerjee   02 March 2018 at 10:47

Second marriage

I married 6yrs ago. That time I knew that my wife is older than me for 4yrs. It was a love marriage. that time also knew that she can't be a mother normally, but still I loved her. From the very beginning she takes money from her mother to fulfill all wishes of her, because for all time I am unable to fulfill her wishes. I have not such amount of money. I always oppose it,but she can't change her self (told me clearly). Except that there are many issues. We don't have any kid. We decided to adopt a child, but as per she : she needs a attendant to take care of the kid. I talked to her about the divorce, but she doesn't want to give it to me. Now I am 34yrs old and want a happy family. How can I get the divorce, because I want to marry again and want to set my life in a happy note. Please suggest.

Swathigeetha   01 March 2018 at 22:48

498a quashing

Dear learned members,
I filed 498a against my husband and his parents for harassing me physically and mentally, now we both are reaching an understanding. For this case to end will filling quashing be better option or turning hostile is the right option? Please help me with my query.

Anonymous   01 March 2018 at 13:00

Conjugal sec 9

my husband, filed a case against me under sec 9 and submitted lots of false statements .in reply I have filed dv against him stating all the reasons , and how I driven out of house and deserted by him.
kindly help how shall I dismiss his false RCR.