Anonymous
11 October 2016 at 12:36
I'm working as asst professor at a Delhi College and my husband working as Legal Advisor cum Team Lead in a pvt hospital in Chandigarh . Before marriage I was told that he may have to go to Africa for his business purpose for a month.Therefore,it was clearly agreed between us that I will not leave my job for Africa and that I will stay with him at his place in Chandigarh if he gets me equally respectable job there. Soon a marriage, he started ignoring me. Its been 9 months till now and he made no efforts to secure my job in Chandigarh.However in the meantime I still visited his place whenever I got leave from my college.During these times he argued thrice with me on my refusal to leave my job and to stay with him in Africa and he hardly stayed with me for a month in total. Now for the past 3 months,he and his entire family blocked my ( as well as my entire family 's) numbers. In the meantime he filed RCR against me without any warning/ informal notice to me.I didn't go on Ist hearing but contacted one of his near aunt to know whether he would allow me to enter if I go there before the date of hearing on which she told me that his (rented) house is locked and kept silent on asking whether it will be locked on date of hearing too. Therefore ,Is it a ryt decision to go at his place before the next date of hearing,since none of them are ready to tell what's there in his mind.I want to stay with him but not at the cost of losing my job for him since his behaviour is suspicious.
Praveen
10 October 2016 at 20:31
My brother's wife had filed a complaint against him and his family, Now he received summon from district family court. If Police challaned against him. Then how to get family member's bail as they are not living with the my brother. Please guide whether family members (father, mother, brothers sister) will get bail from court or police itself give them bail.
Rakesh gupta
10 October 2016 at 17:12
My wife filed maintenance under crpc 125 ( which is under Intrem maintenance stage, Not yet decalred inriem as well )she is earning 30 k and my self 50 k we have daughter of age about 3 years. She filed RCR and 498a on me which are going on in courts.
Now if i go to abroad does she has right to get file maint increment petition , does she has right to file maiant under DV as well ? Note she has not yet filed DV on me.
sudhir saha
10 October 2016 at 16:56
Due to family dispute Husband sends her wife to her mother through her mother on an other clue . Actually wife is not willing apologise to her mother-in-law for her rough behaviour . Husband leaves to go wife's house. Then after one week she sends a SMS striking her husband’s prestige and husband is not taking her back to his home. Wife is two months’ pregnant. He has already arranged for medical checkup and wife with intimation to her husband she attends for health check-up with her mother. For this their relation has been deteriorated day by day. Mother-in-law warned him to take action if there is any harm in her daughter’s health in her present position. Husband communicates with wife over phone but husband loses her mental peace for wife’s talking without manner . Now mother-in-law wants a family sitting for mutual settlement. Son’s father refuses to accept his only son and son’s wife at his home to Avoid any legal harassment as he is a Govt. pensioner. In this situation , Is there any fear of criminal case though till date nothing is in his knowledge regarding this. But mother-in-law
Wife now shows rough behaviour through SMS/Whatsapp to Husband not to go at wife's houseAs it was love-marriage on both choice , Father-in-law of son's wife ,a central Govt. pensioner refuses to take both his only son and son's wife at his home to avoid future legal harassment. Husband wants to live both together in a separate place. But Wife does not agree to live with her husband separately other than her father-in-laws' house and wife's mother also does not agree to give her daughter to son-in-law for separate living other than his own house. In this circumstances can husband give divorce to his wife not willing to live with her husband and will it be accepted by court of law. Please give me your valuable advice.
lalabhai1977
10 October 2016 at 15:32
Dear Sir / Madam,
Your mastery is valuable to others who trapped innocent by wife through Family Law. My short story is as under:
After the got the decree of section - 9 which ex-party order to respondent in the case of 125 maintenance. petitioner clear said in his cross that she is not ready to stay with respondent. She (petitioner) has not any FIR or complain against the respondent for mentally and physically harassment to her.
Respondent taken all type of care to her and his son who with petitioner. Petitioner fail to maintain her conjugal rights. Respondent has the witness for his non alcoholic. Witness has been gave his statement at the time of his cross.Petitioner is not cleared about his reason to live separately.
Judge and opponent (petitioner) advocate's said I have a supreme court order that no one and any circumstances stop the petitioner maintenance. If wife living separately from his husband for any reasons, notwithstanding the respondent has to be bond to pay maintenance to petitioner (wife).
I have 11 years old son who custody with wife (Petitioner)
My next hearing date is 15.10.2016. Respondent already put a written arguments and I have to left to put a written arguments. If you need any clarification or order I will ready.
Please reply urgent basis.
thanks and regards,
lala bhai
Kumar Doab
10 October 2016 at 11:08
Dear Experts,
I am sharing a recent judgment.
A spoilt honeymoon and subjecting the husband and his family to "worst kind of mental cruelty" by levelling false accusations, have been held as grounds for divorce in a case by the Delhi High Court.
The High Court has dubbed the case as an "exception" in which "the marriage could not take off right from inception" between the couple who were in the age group of 30 plus at the time of marriage and were "quite mature".
IN THE HIGH COURT OF DELHI AT NEW DELHI
MAT.APP.(F.C.) 68/2015
ANU SETH
versus
SUNIL SETH
http://lobis.nic.in/ddir/dhc/PRA/judgement/03-10-2016/PRA30092016MATFC682015.pdf
In the case of arranged marriages where both the spouses are in the age group of 30 plus, honeymoon period is the best time to know, understand and come close to each other. This case is an exception in the sense that just a day after the marriage the parties left for their honeymoon to Shimla and returned with bitter memories and a spoiled honeymoon.
2. Before applying for dissolution of marriage on the ground of cruelty, the respondent/husband has shown exceptional patience in dealing with the problem inspite of facing humiliation and scandalous allegations being made against him and his family members.
3.Before replying the legal notice, again the respondent/husband tried to resolve the issues through their counsel by assuring of a separate accommodation for her on the assurance that none from their respective family would interfere for 5-6 months during that period. Even that did not succeed.
4. When the complaint before CAW Cell was filed on May 26, 2005, the respondent/husband while requesting for a copy of the complaint to properly reply the same the concluding lines written by him are that : ‘I again request the authority to make her understand that marriage is solemnised to form the family and not to destroy the sanskar of marriage please.’
7. The differences started just a day after when the parties went to Shimla for their honeymoon on February 02, 2004. The reasons given by the parties for the unpleasant honeymoon are: (i) As per the respondent/husband, the appellant/wife did not allow him to consummate the marriage and tried her best to avoid him in the process. Not only that, she even threatened to commit suicide if he dare touch her body against her mood, willingness and consent.
31. It is a marriage which could not take off right from inception as the worst kind of mental cruelty was faced by the respondent/husband during his honeymoon and thereafter. All his efforts to save the marriage by arranging various meetings, visiting the parental home of the appellant/wife, agreeing to take a separate accommodation to keep her, statement by the mother-inlaw of the appellant/wife before CAW Cell that let them (parties to the marriage) live happily wherever they want, could not save this marriage. After she left the matrimonial home on April 03, 2004, for the last more than 12 years, she has been litigating not only against her husband and his family members but also do not hesitate to implicate the advocate for her husband in the criminal case as well Sh.Trilochan Singh, a neighbour of her husband.
32. We are of the considered opinion that the conduct of the appellant/wife in the instant case was such that it was not possible for the husband to bear such type of cruelty.
33. The appeal has no merits and the same is hereby dismissed
Anonymous
10 October 2016 at 01:55
My query is: "In the event of second marriage, Can a woman get maintenance/alimony U/s 125 C-rpc who has already received 2.5 Lakhs rupees from her ex-husband (1st marriage) as per her mutual consent divorce decree with 1st husband?
MY POINT IS: Can this decree be used as an evidence that she has got 2.5lakh rupees and hence she is capable of looking after herself?
Kumar Soni
10 October 2016 at 00:41
They have already taken all that jewllery and cash amount of 2.75 lacs of cash and not receiving any notice how can I save my marrige?
They have changed their contact number and they are living at her native home but not taking any action although they know that they file false application because they didn't agreed when CAW cell told they will trace the mobile location, because they claimed demand of dowary and there near her home on certain date while I was at my office at that date.
anchal
09 October 2016 at 13:52
Hey. I've been dating this guy named Om for two months now. He was once married and has a three year old daughter, However his wife is staying away from him for the last 2.5 years. We really want to get married, though she is a good woman he says, but in their 5 years of marriage, they have never been happy, it has been traumatizing for him. He has left home earlier, but that's no solution. Lately her wife came to know about our affair, and even when he's tried to convince her about a divorce, she won't agree. After 2.5 years she wants to come back and basically she kept his family happy, they don't really have a strong reason to split, but this man would prefer committing a suicide rather than staying with her. She disturbs his mental peace & his family loves her. Also my boyfriend got a threatening call from a police station saying if they continue asking for a divorce, they'll charge him with dowry & adulteration charges. He is in so much stress, please help.
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HMA sec.9
I'm a working as asst professor in a Pvt Delhi college and my husband working in a pvt company in Chandigarh as Team Lead cum Legal Advisor.He told me that his work nature demands him to stay at S.Africa for business purposes for a few months, on which he never showed me that in future he intends to settle for 3 years in S.Africa. Its been 9 months till now since our marriage and we hardly lived together even for a month together.Before marriage it was also agreed between us that I will continue to work in Delhi till he assures me equally respectable job at Chandigarh,so that we can stay together at one place. I kept sending him my resume but till date he never made any efforts for getting me a job in Chandigarh.Inspite of staying apart due to the risk of losing my job, I kept visiting my matrimonial house whenever I got leave from my pvt job. During these 9 months ,my husband has always ignored me and has always raised issues on one or the other pretexts (on phone).In the meantime,whenever he visited Delhi for his job purpose, he rarely visited my house in Delhi and instead used to call me to a hotel in which he used to stay on behalf of his company. Although I went there 2 twice ,but later on refused to meet him at hotel, due to which he had the complaint from me that I don't want to meet him.Not only this, he pressurised me to stay with him in S.Africa otherwise he would get divorce.We hardly stayed together for a month.Now again we had an altercation on phone and this time he and his family members have blocked all my and my family members numbers.And if I tried to contact even any of his relatives they are not giving any satisfactory answer.Earlier also he warned me not to step at his place.Now after blocking me, without any intimation ,he filed RCR petition against me in a Chandigarh court concealing the fact to the court that his wife is working.When I contacted one of his aunts about knowing intentions of my Husband and In- Laws whether to allow me to enter my matrimonial house if I reach 2 days earlier to date of hearing in Chandigarh with a purpose to stay with him, on which she told me that their house is locked and maintained silence on the fact that whether they will be available on the date of hearing. I am undergoing a huge mental stress as none of them is ready to clear the intentions expressly as whether he really has any intention to stay together or he filed RCR just as a matter of strategy? On the earlier pretexts his mother kept taunting me that I didn't got any thing from my house, and insisted me to open Joint account with my husband for which I refused later.I want to continue the marriage,if he intend to continue but not at the risk of losing my job in Delhi because their behaviour is very suspicious.Now ,someone please suggest me whether I should go at his place before the next date of hearing? And what should I do in case they don't allow me to enter? Or Is it better to take divorce from him?.. Please help me, I am undergoing a lot of mental torture.