SRK
13 August 2017 at 13:12
I live in delhi and my husband is on h1 visa living in chicago IL. we got married last year and stayed together in chicago just for a month, Since it was an arrange marriage it did not work due to our personality differences so i came back to India. Then in consultation with our families we signed an MOU for mutual conscent divorce, my husband gave his power of attorney to his father , then at the time of filing our first motion petition his parents absconded and my husband have not been responding to any of our calls and emails. Please suggest how can we bring him back to India .
Pooja Khatri
13 August 2017 at 11:05
Hello. I got married in Jan 2017 in Surat. My husband took me to the Ivory Coast, West Africa country. There I came to know abt his habits of casino and Hukkah. He use to spent his entire local salary in casino. Then in 20 days my mother in law came to stay with us. There I came to know about her affairs and due to that she started creating disputes between me and my husband. The man with whom mother in-law had affairs suggested my husband to stay away from me and take back me to India. In may month my mother in-law came back to India and in 15 days we came to know that my sister in-law is having some marriage issues and she ran away with some guy leaving 2 kids behind. and then me and my husband was forcefully called us to India. In India he with his brother and bhabhi dropped me to my mother's place saying for few days vacation and he left for home. Now on the very next day he ran away and his mother blamed me that he is missing bcz of me. And since 7th july he his mother and everyone in the family blocked me & entire family. Since then I was waiting for him to come back so thinking that everything will be sorted out. Panchayat was there for mutual consent but he then ran away to Ahmedabad and then Singapore saying that he is jobless and he is in Mumbai in search of job. He now seeks for divorce just bcz I revealed his lifestyle and mother in-laws affair.. I didn't take any step any police ot legal action thinking that he will come back but now he ran away back to Abidjan, west Africa without informing anyone. And told his company that already divorce is done. Now I don't know what shall I do? My all stuff is still with them.. Please guide me in a proper way. I am literally helpless. How shall I call him back to India.
Anonymous
12 August 2017 at 10:48
Dear Sirs,
Is there any Supreme Court/High court Judgement which says that if RCR decree has been awarded to wife than Divorce petition filed by husband will be dismissed if both cases are running in Family courts of separate cities?
Thankyou.
Arawind
12 August 2017 at 04:18
Wife is in receipt of maintenance of ₹10,000/- P.M. which is granted by Department of Husband out of his pay as Husband was govt. Employee and the maintenance grant is as per rules of the department which is independent of any court proceedings. While in receipt of said maintenance, Wife files an interim application in DVC seeking right of residence or provide alternative accommodation or pay ₹6000/- P.M for SHELTER / rent under Sec. 19 of PWDVA. Court allows her petition & grants additional ₹ 6000/- as for alternative accommodation stating that amount granted by Department is MAINTENANCE & there is no amount granted towards provision of SHELTER. The order was challenged in sessions court & got dismissed confirming lower court order. Later, Husband retires, accordingly the maintenance grant to wife gets ceased as he is no more a employee of the department. Now, wife files another interim application in her DVC in the lower court under section 25(2) of PWDVA to modify the order passed earlier as ₹6000/- per month + right of residence in shared house hold which is property of Father in law stating that in her earlier application, the relief sought was right of residence+₹6000/ per month which was left out due to oversight & typographical mistake where word "or" was incorporated between right of residence & ₹6000/-, she has no source of income, maintenance grant is ceased by Department & change in circumstances that Husband is living with his parents after retirement in the said property which is inherited. She also files a separate suite claiming 50% share of the retirement benefits received by Husband & further files another Interim Application for Maintenance under section 24 of HMA in DIVORCE case.
Now, my query is whether application for modification of order maintainable where said order has been challenged by Husband in sessions court & sessions confirms the lower court order? Is there any time frame to file such application where lower court order was passed in Aug 2016 & Session Court confirms the order in Feb 2017. This application is filed in July 2017 having clear gap of 6 Months + 5 Months i.e. in total of 11 months from date of initial order by lower court & Husband is paying the same without any Arrears.
Can she claim retirement benefits as such by filing a separate suit when divorce proceedings are pending in family court & if so then the amounts granted as such shall b counted as alimony or permanent maintenance or anything else?
Hariom Parashar
11 August 2017 at 22:01
How wife may take divorce in case the husband is imprisoned under 498A ?
Sonal
11 August 2017 at 19:13
Hello Sir,
My father dint added my name and my sisters name in 7/12 extract of our residing home which is 3245 acres, I want to know if we can claim our rights for this land or not.
Ajitesh Mehra
11 August 2017 at 16:48
Dear all professionals ,
can a person get married in court (in presence of parents of both sides) and thereafter get married the next day as per our culture??
nisha
11 August 2017 at 14:24
Hello ,
i got married in 2012 and have a 4 yr old son. Its been two year when i left my husband house because of his continues extra marital affairs. After leaving my husband's house i came to my mother's home with my son and i took admission in MBA. My father is no more and there only my mom and my younger brother in family so the situation is very poor as their is no earning person here and because of all the financial i decided to start a small garment business by selling my jewelry to help my family but as i was doing all this with regular mba i didnt get much from it and its almost went in loss. now i am looking for a job so not having a stable financial condition.
Now My husband is living in a live-in relationship with her girlfriend and i want to get divorce from him but i am not able to that because i am not in a position to afford legal fees and all.
And ya i don't want any kind of alimony from my husband , i just want to a divorce.
please suggest me if there is something like husband should bear the divorce expenses or a women can get some sort of legal aid from government.
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D/v matter under pwdv act
I am filing an application in High Court for quashing of complaint u/s 12 of PWDV Act filed by my daughter-in-law on the ground that it was filed when there was no domestic relationship for more than 1 ½ years.
==(A) PROOF :
(1) There is proof that the domestic relationship was cordial till 02.05.2015 [face book postings on 2nd wedding anniversary] (2) PCR report that she was kept in captivity by her parents as she had called women's helpline as she was not allowed to go to sasural (3) after two days she was bundled into asylumby parents for 25 days and was discharged on 25.05.2015. SHE WAS BRAINWASHED AND INDOCTRINATED TO LAUNCH WHAT IS CALLED “D/V BUSINESS” FOR RANSOM. marriage was trap.
D/v complaint was filed on 30.11.2016.
==(B) I HAVE THE FOLLOWING:
(1) CERTIFIED COPY OF ORDER ADJOURNING THE CASE TO November 2017 IN THE ABSENCE OF MAGISTRATE.
(2) CERTIFIED COPY OF STATUS OF THE CASE GIVING THEREIN ALL THE DETAILS OF THE CASE.
==(C) QUERY:
Is it necessary to attach copy of the d/v complaint [WHICH IS VERY MASSIVE] in the petition to quash d/v complaint.
OR
Whether application should be made for exemption from filing the copy because the core matter is that the d/v complaint is time-barred as per a number of Apex Court judgments.
Shall appreciate a considered reply from experts. Thanking you in anticipation.