Anonymous
03 August 2017 at 18:17
My brother has filed a divorce petition with mutual consent with his wife on superfluous grounds. Is it acceptable in court of law. None of them is willing to talk to family member. Is there any legal action to stop the process?
Hari
03 August 2017 at 18:10
Hi All,
i have filed the petition for divorce from my wife on 2016(HMOP) as she did not satisfy with my financial status & didn't want to live with me anymore.
So she went back to her parents home with relatives and mediator approval after 3 months of marriage life..at that time she promised to give the mutual divorce.
So I tried to call her to apply mutual divorce via mediator once one year completed from marriage date...but she didn't come... so I filed the divorce and then she appeared in the court and didn't give the reply file against my petition and aligation..me and she requested divorce from judge...two times the conciliation happened but both time we requested divorce after complaining on each other...so conciliation got failed.......so the things are settled out of the court and we both returned each others marriage gift in front of our lawyers and recorded that properly...
Also she has signed the paper stating I don't require any amount from my end, won't demand anything from me in future.....
In the meantime the judge transferred to some other court....so the counter only still happening without judge for more than 6 months.... So both lawyers were planned to get the divorce for us from incharge judge...
In the last counter, her lawyer said that she doesn't want the divorce and planning to live with me..like that...she didn't come on that day.....so they again give the date for counter...... almost one year completed from my petition date.....in the last min of ending case, she isn't signing and planning to do something...... seems she is trying to drag the case for long period and give the mental torture to me...I am stucked in financial side and also taking care of my aged parents both r suffering from health issue...that she knows well...so she s trying to give more pressure...I don't want to live with her anymore...
My lawyer says we need to run the case further and it may take long time to complete.
Please tell me how to face this issue further...how long the case will take to complete.... Is there any possibility the judge ment comes against me...?
Ranjan
03 August 2017 at 11:19
Respected Sir /Madam,
My Name is Ranjan. I Married with Ms. Sukhada on 05/01/17. She agreed to stay at Joint Family & support me financially as well as her family. She also has 2 sisters & 1 Brother who is staying abroad with wife. He never helps his wife financially. Since Sukhada is an elder daughter. She has taken her family responsibility on her shoulder. Her younger sister got married 2 years back before our marriage. Sukhada is having her own flat and paying EMI’s before marriage which she told me to continue paying that amount after marriage also and rest of household expense will be taken care by her sisters. Now I came to know that her married sister is not also contributing anything in any expenses. However, Now I came to know that flat will be going to transferred on her other younger sister’s name that is dumb since birth. She is also married with same dumb man & having a normal baby girl. They have kept her sisters & husband at their home like Gharjamai. Both are working and earning good money.
Also I came to know that Sukhada has done WILL DEED of aforesaid flat without my consent. Also she started lying with me in some of matters. She also treats my family as her enemy. One day she had asked my sister to write her earnings & bank balance on piece of paper which is not acceptable since our parents are still alive & she does not such right to ask anyone at my home.
It was not cleared by Sukhada before marriage that the flat will be transferred to her sister names post her parent’s death which is unfair and cheating to me. If I am not wrong that when girl married, then her total responsibility would be her in laws. Her in laws are financially well. But my in laws bring her back to their home. I told my in laws that I am not interested in your flat. However, I want to move ahead & buy new house at Good Location. I need support of my wife so that bank will consider her income while sanctioning the loan. Now she is having loan of your current flat. So you can sell your vacant old house & clear bank loan of Sukhada’s name. We will pay you in cash for your household expense. However, I also inquired with them about contribution of other their child.
Now she sent a Divorce notice on Mutual Consent with 15 days given for reply. She has mentioned some false allegations against me in notice & also demanded Rs. 43000/- which gave me during her stay with us. Apart from this she never shared her salary OR Money for any of our household expence
I want to know the following things:
1) Is reply to this notice essential? Any how we have to wait to complete a year for marriage. Right?
2) If she is claiming above amount, Cannot we claim our money which was spent of her food & medication expense?
3) Can we file a case against her ill treatment with my family under mental cruelty?
4) She also refused for sexual relationship & not for child? Also she told if you want child, why don’t you adopt child?
5) What kind of claim can she do and what kind of claim I do?
6) I have to give her divorce but not easiest way.
7) I doubt she is going to file Domestic violence case, can she?
Kindly advise
Tara Singh
03 August 2017 at 06:12
Husband had performed 2nd marriage and living with her . Wife is granted maintenance under d/v and 125 crpc. Wife filed suit for specific performance against husband .Suit decreed 'Transfer suit property in wife's name' with cost and now RSA pending in high court Now husband approached for compromise in hight court and agreed to pay one time alimony but no divorce and silent on the first marrige. He want that wife should help in allowing RSA pending in the high court. and selling the suit property.
what will be wife's marital status / matrimonial rights after compromise as nothing is being mentioned in the deed except ' there was matrimonial dispute between the parties and now matter have been compromised on following terms' . But in terms alimony amount / withdrawal of cases etc is mentioned but silent on marriage .Wife's all documents including passport has husband name and she cant change it without divorce decree. Can wife carry the husband name . Plz advice?
Is it necessary to allow the RSA or matter can be settled with compromise agreement as wife will not press for decree. Kindly advice ?
Anonymous
02 August 2017 at 15:13
Respected Sir / Madam,
My name is Ranjan. I married with Sukhda on 05/01/2017. She agreed to stay at Joint Family & support financially to me & her parents as well. However, she has 2 sisters & 1brother who is staying abroad with his wife. He never helps his family financially. Since Sukhada is elder daughter. She has taken her family responsibility on her shoulder. Her younger sister got married before sukhada 2 years before. But she is also not contributing anything. Sukhada told me that she has flat & will pay EMI for the same which I agreed. After marriage, I came to know that she had done Will deed of flat on her parents name without my consent. Post her parents death; the same flat will get transferred to her younger sister’s name that is married but dumb since birth. Her husband is also too dumb. Both are working and earning money.
I was not aware that the same flat is going to be transferred on her dumb sister’s name which is unfair and cheating to me. Since she is married, her total responsibility would be her in laws if I am not wrong. This dumb couple s too having normal baby girl.
Sukhada is behaving with my family like an enemy. One day even she asked to my sister to write your earnings & bank balance on piece of paper which is not right since our parents are still alive. Hence, I also asked her parents about monetary contribution of each child at their home. They never liked what I asked. Now sukhada sent a divorce notice stating she want a divorce on mutual consent with the amount Rs. 43,000/- claimed what she spends during stay with us.
She had refused for sexual relation & not ready for child planning.
My query is that:
1) If she is claiming above amount, can’t we claim our money which we spent on her food & other medication expense?
2) She had harassed my family very much. Can’t we file a case on Mental Cruelty?
3) She is asking for divorce on mutual consent, we are not. Can we file a case for defamation against her?
4) Can she claim anything from my property & vice versa (i.e. can I claim to in her property).
5) What she can claim & what I can claim?
6) I also want to give her divorce but not in easy way
Kindly advise on above.
Hariharapandian
31 July 2017 at 18:01
what are all the exceptions to the husband for giving maintenance to his wife
AD
30 July 2017 at 12:15
We son mother father live together in house for 25 year.after son marriage. Behaviour of father towards daughter in law and mother changes and very abusive and very problematic In 2016 daughter in laws pregnant with the month of 9 and problems are very very high which is not tolerated by son and daughter in law so they decided at the stage of 9 month to change residence for the quality of life At the same time mother is also not tolerate things so mother also decided to move with son and daughter in law at new place as the period of 9 month is so much critical At the month of August son and daughter- in- law is gifted by newborn son. After 10 to 15 days of leaving residential home father called son and mother many times and say sorry and accept all mistakes ( Will be not able to explain all mistakes but biggest is that he doesn't wear any cloth when son is not in home) For this conversation of saying sorry and accepting all mistakes son have all recording where he accept all things . he also admit that he is in pressure of grandfather. After that phone call for the sake of relation mother went back to property with father After going back mother think the relation of father and mother will be better and hassle free but tensions are more and more father acquire all gold all money from Mother some times father and grandfather beaten and threaten to kill son and her. After that husband pressurized to sale residential home and move to grandfather place which is not accepted by mother as we have many complaints from many womens regarding grandfather so mother denied to move After denying father pressurise mother to move to another location so many problems and when things are not tolerated mother moved to son place. Now we all son mother daughter in law and small child live together in another place. Few days before we got to know that father and grandfather is going to sale our property where in 2014 son invested 2000000 rupees in same property also from starting 24 years mother invested so many money in that home where father is not able to invest and earn any single penny.
Property sold is with the name of father only . Power of attorney.
we want to know following points
1. Mother share in property
2. Son share in property
3. Can we take stay on that property
4. Can we put any type of case against both of them where they give some problems to my wife and mother.
5. Can we get some share that we invested in home son invested 20lac and mother invested all money what she earn.
Anonymous
29 July 2017 at 22:00
Boys marry girl by finding her on shading.com. he speaks lie to girl family that he owns 7 acre and work as financer . After marriage he goes out of home without telling anything and don't work anything. Now girls feel harrased and cheated as he owns no property. How can girl take divorcee as marriage has taken place three months back . What is the processes for divorce. How much time Will it take and how much money needed?
DV victimmmm
29 July 2017 at 09:35
Respected experts,
This query is for one of my friend's father. The details are as follow:
The person is 47 year old.His mother dies when he was 5 years old and his father remarried.
The person did not stay with the step mother and was raised by his maternal uncle.
The step mother had 2 sons and 2 daughters from her marriage with his father.
After the death of her husband , she is staying with one of her daughter.
Now she has filed a maintenance case against her 2 sons and the step son.
Her husband is no more right now and the person in question did not inherit any property from the father.
The other 2 sons have inherited property from their father.
My queries are :
1. can she file a case against step son whom she did not raise and has no relation since so many years when she has her own sons who are earning well.
2. Can she file the case from the city where she is currently residing.
Please respond to the query and please provide with citation references if there are any.
Thanks in advance for your valuable inputs.
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Form for petition under sec.125CrPC
Can somebody please give me the form for filing petition under Sec.125 CrPC