Rahul
26 August 2016 at 11:02
We belong to Hindu family (both of us). We got married (arranged) 1.25yrs back. But soon after the marriage she started quarrels with me in triffle matters. She accused me that I am having an affair with one of my collogue, which was not at all true, but she insisted that I should admit it or she will comit sucide. She is asking me to get divorce or shr will comit sucide in triffle matters. In other words we can state that she is emotionally blackmailing me right after the marriage.
After councelling with her and my parents she stoped that but keep on taunting me for the same. Then after few months she accused me about potency, which was also not correct. She keep on quarrelling with me and family members in triffle matters. Now a days in small quarrels she started snatching and slapping me also. several times she did that, once she slapped me in front of her parents also, In the month of april we called her parents and told them about her, she also insisted that her daughter is wrong, and she should not do so. A month back, she was suffering from urine infection, I insisted het to have dinner at 11:00 at night so that she could have the medicines, she started hitting his head, i called my mom from her room, my mom asked me call her maternal uncle who resides in the same city, as soon she heard that, she ran to balcony, saying that if we called her uncle, she will comit sucide right now, any way we caught her, called her uncle at late night, and sent her with him. From past a month she is with her parents. Right before sending her to her parents she were insisting me that she is not ready to live with my family, either I should take a seperate accommodation for her, or divorce her or she will comit sucide. I informed this tp her husband, first time to father and second time to her mother, both of them were stating that she is wrong.
I could leave my mom, I love her so much, on the other hand, I am a state govt officer, my brother is unemployed, my father expired 13 yrs ago. How could I leave my mom
Now I want to get rid of her. I consulted some lawyers, That if I file a divorce, is there any remedy to get rid of maintenance, becoz my whole family depends on my salary, i dont have any other source of income.
Kindly suggest me the path.
Aarti
26 August 2016 at 07:00
I suffered severe mental torture and taunts from my husband and in-law. I left from there and came for living with my parents. I filed police case on them. Police did mediation and then made FIR. I filed maintenance and divorce also. I am doing job in company. Husband does business and he makes much more money.
1. Interim maintenance, husband has submitted my salary slip that has one time annual bonus. His lawyer is claiming perjury. I wrote my income correctly in affidavit, but he is now counting bonus also which I did not declare because it is not guarantee to get. Husband has shown his income as much less than actual. He gets income in black and I don't have proofs for that. He is playing such dirty tricks to not pay anything for me. How can I fight his tricks?
2. In one year, husband has attended court for DV and maintenance case only one time. Only his lawyer is attending dates and delaying things with excuses. How can we make husband to come to the court every time?
3. Husband has filed utterly false police case on me in Bombay saying I did fraud (420). Mumbai police is sending us letters and call us for investigation. Police in my city are not taking any action against him based on FIR. He has got bail from court. He knows senior Bombay police person very close. He is making pressure on me from there. Can I transfer the fraud case (420) from Bombay to Haryana? Will I need Supreme Court? How much will be the cost?
b.goheel
26 August 2016 at 01:34
learned advisor/s,
like to know the reason that Author : Anonymous of thread Wife files for DV and RCR against husband's divorce file (Family Law) [ http://www.lawyersclubindia.com/experts/Wife-files-for-DV-and-RCR-against-husband-s-divorce-file-613376.asp]- enjoys. does not have pm or any details. i think Author : Anonymous is the only one in this platform.
miftahuzzeyakhan
25 August 2016 at 17:37
Dear Sirs,
1. Mr. A, a Muslim by religion, started a Saw Mills business on a piece of land (approx. area 90 Decimals) taken on lease for 99 years in 1965 from Industry Department Government of Bihar. Mr. A is now above 90 years and has 4 sons and 2 daughters alive and one of the daughters is Mrs. B.
2. Some 2-3 years back Mr. A’s sons applied for diversification of their father’s business arguing that the Saw Mills business was no more profitable in the area due to scarcity of wood and got permission of the Industry Department and then formed an LLP (Limited Liability Partnership) of the 4 sons keeping the 2 daughters out and managed to transfer the leased land in the name of one of the brothers from their father’s name with his so called permission. They have also shifted the old saw mills Mr. A to another piece of land nearby in their physical possession.
3. Mr. A built his house on a piece of the leased land and was living with his family there since he started the business in sixties. Later on when his sons and daughters grew and married, he allowed them to build their own house on the vacant land and to shift out of his house. Mrs. B daughter of Mr. A after her marriage also built her own house in 1995 on a piece of land approximately 3 Decimals. Since then she is living in this house separately from her fathers’ family and paying regularly Electricity bills, in her name. The Municipality have also directly received taxes from her and issued tax receipt in her name for this piece of land since last 4-6 years.
4. The 4 sons of Mr. A are now claiming ownership of the whole 90 Decimals land including the land under their sister Mrs. B house and are planning to build a super market over the vacant land and the land under Mrs. B house by demolishing it.
5. When Mrs. B came to know about this conspiracy she requested her father to make a Will in her favor on Stamp paper stating that he had given her the piece of land for making her house. This Will is duly signed by two witnesses but not registered.
My questions from the experts are as below.
1. Does the Sharia Law also applies to leased property of a father for division among his sons and daughters?
2. Can the 4 sons legally claim the ownership of the whole 90 Decimals leased land including the land given to Mrs. B by her father due transfer of the lease in name of one of the brothers when the father is still alive?
3. Can Mrs. B claim legally ownership of the 3 Decimals land given to her by her father in written on stamp paper duly witnessed and Municipal tax receipts issued in her name?
4. Can Mrs. B claim balance of her share in the 90 Decimal land which comes to be 9 Decimal as per Sharia Law provided that the father Mr. A is still alive?
Yaaros
25 August 2016 at 15:35
Divorce petition filed by wife got dismissed by FC after trial. In judgement FC has observed irretrievable breakdown and advised both parties to go for mutual divorce.
Now, she has filed appeal in HC against FC judgement.
1) Since FC has observed there is irretrievable breakdown of marriage, can HC order for mediation if both are not willing for mutual divorce?
2) If HC order for mediation and I failed to attend it, will it adversely affect my side during trial?
Narsing Sahu
25 August 2016 at 13:31
HIGH COURT HAD GIVEN JUDGEMENT ME TO PAY RS- 25 LAKHS AS PERMAMANENT ALIMONY TO WIFE AND AM UNABLE TO PAY SO AM AGAIN FILING FOR REVIEW PETITION IN THE SAME HIGH COURT. PLEASE TELL ME IF AM NOT SATISFIED FROM THE REVIEW JUDGEMENT OF THE HIGH COURT CAN I MOVE TO SUPREME COURT FOR APPEAL ... PLEASE TELL ME AND WHAT IS THE TIME PERIOD TO FILE AND WHAT ARE THE STEPS AND ALSO PLEASE SUGGEST ME A GOOD FAMILY LAWYER OF SUPREME COURT DELHI....
Anonymous
24 August 2016 at 23:12
I Have been married for since November 2014. My husband is in a aviation company. He is a security executive in ground staff and earns 25k/month.
Right after our marriage my husband stopped me from study and almost locked me in the house and he told me to not to go out and keep doing house works from early morning to late night. He always listen to his two unmarried sisters and fights with me. His parents never say something to him and silently support him.
They all never like me to go to my parents home and also make issues if I talk to my mom over phone.
He have beaten he several time and abused many time in front of his parents.
After trying my best I called my father and came to my parents home.
2 times he came to take me with him and
Told me and my parents that "( I will not repeat it) AB NAHI KARUNGA". my parents sent me with him.
In Jan 2016 when he sent some of our honeymoon/ private photos to my brothers from my phone I left him and came to my parents and sand him a massage that never come back to me if you cannot change your behaviour and switched off my phone.
Till today he never admitted guilty. All my in-laws say please come everything will be all right but I know nothing will change in till my husband change so My parents and me strictly denied from sanding me with him unless he change his behaviour.
Now after 7 months of separation instead of changing his behaviour he has filed for divorce on the ground of cruelty of wife under section 13 and sand a sammon to me I went to court and I gave application of 24 and asked for time to reply (which I have got).
I want to live a happy life. I want him to change his behaviour towards me.
I am a post graduate and have done BA-BED and easily can become a second grade teacher. But he doesn't like me to go out from house even though his 2 unmarried sister are doing private jobs and study also.
I have done DV and RCR(9HMA) case on him. But I didn't apply for 498a. I will use 498a later and leave him if didn't change his self.
Please suggest the right step for me?
Anonymous
24 August 2016 at 23:03
I Have been married for since November 2014. My husband is in a aviation company. He is a security executive in ground staff and earns 25k/month.
Right after our marriage my husband stopped me from study and almost locked me in the house and he told me to not to go out and keep doing house works from early morning to late night. He always listen to his two unmarried sisters and fights with me. His parents never say something to him and silently support him.
They all never like me to go to my parents home and also make issues if I talk to my mom over phone.
He have beaten he several time and abused many time in front of his parents.
After trying my best I called my father and came to my parents home.
2 times he came to take me with him and
Told me and my parents that "( I will not repeat it) AB NAHI KARUNGA". my parents sent me with him.
In Jan 2016 when he sent some of our honeymoon/ private photos to my brothers from my phone I left him and came to my parents and sand him a massage that never come back to me if you cannot change your behaviour and switched off my phone.
Till today he never admitted guilty. All my in-laws say please come everything will be all right but I know nothing will change in till my husband change so My parents and me strictly denied from sanding me with him unless he change his behaviour.
Now after 7 months of separation instead of changing his behaviour he has filed for divorce on the ground of cruelty of wife under section 13 and sand a sammon to me I went to court and I gave application of 24 and asked for time to reply (which I have got).
I want to live a happy life. I want him to change his behaviour towards me.
I am a post graduate and have done BA-BED and easily can become a second grade teacher. But he doesn't like me to go out from house even though his 2 unmarried sister are doing private jobs and study also.
I have done DV and RCR(9HMA) case on him. But I didn't apply for 498a. I will use 498a later and leave him if didn't change his self.
Please suggest the right step for me?
ckanta
24 August 2016 at 22:42
Hi,
I am CA and earning 40k per month and residing with parents however 498A is pending alomg with Sec 12 of DV act . my husband is earning ard 1lac pm. Could I claim maintenace as i am not able to maintain myself and have to take separate accomodation which costs me ard 15k and have other expenses ,My husband has no liability. My lawyer is saying that no maintance will be given please suggest
Thanks
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Adopton maintenence under crpc 125
sir my first wife died due to thelesamia disease first marriage life 19 years after that i have married second time.she is divorcee from her first marriage and she has one daughtr ihave adopted her daughter.she left my house within 85 days.and file the case aganist me 125 dvc 498 406 420 .in 125 judgement judge has order me to pay 25000 to wife10000 to adopted daughter according to me only blood related chiled can claim in 125 crpc adoption deed only regd in registrar office your advice