santosh kumari
10 August 2016 at 21:37
Dear all experts,
My friend is a govt teacher.He is 32 yrs old.Has 4.5 yr daughter.he belongs to typicall village in rajasthan.he was married during his childhood.when he was 24yrs old n got job his wife goona was done.he risided to his job place n wife was with his mother in law.he came to know that this was under some baba's hyptonism.he even caught her once while doning faul gesture.
he informed this to family.
family n wife's parents apologised n asked tobtake her with him.latter on he took her with him to dungarpur in 2010.
there she was regularly calling some man on phone.n she came bk to village that she is unable to reside with husband.she is just 7class pass.by the time she concieved baby .
when she was 4moths pregnant.he found her stealing his phone n sending to some boy of village with whome she still in bad remark.
then finally my friend(her husband) went n told the fact to both families.n asked orally to divorce her.
but family presauried him to get her bk after delivery.
aftrr delivery :n incident he never talked to her.n never stayed with her.he does job about3 hrs away from village since 5 yrs.
now she is simply telling all that ..they both have good relation.which is not true.
she says she will never leave him.but he says that ow he cannot stay with her anymore.
he is paying her money to meet daily needs via family members.he is cnoncerned for his daughter.but doesnt like the wife.
he asked her to leave.she says u can marry again.i can give i in written.but she need monetry support.
he is ready to pay lump sum money.but she says will never divorce him.
i need to ask
1.what to do in this critical case.?
2.shall he go for legal action against her?
3.how long it may him to get divorced legally?
4.can he marry again.?if she assures in written?
5.what must be the written language for agreement.?
thank you
Anonymous
10 August 2016 at 17:21
I am 31 yr girl , I was to get married in December 2015 but my fiance broke up the marriage before 20 days . He fooled me for almost 2 yeras .I am still suffering because of what he did to me . I am suffering mentally and emotionally . It all started with a arrange marriage proposal in Feb 2014 and in between had too many up and downs between both families and us as well . He pretend that he want this marriage and we were engaged in April 2015 . In this whole duration he exploited me mentally , emotionally and sex**lly . I tried talking to him and make him understand not to do this to me . He cancelled the marriage before 20 days and that day also he keeps on saying he will marry me . But he broke everything . I am broke and still unable to get over things . I wanted to take step but because of being in a society like me , I kept everything with myself and keep on trying to make him understand . But in return I only get harsh words . He says I am mentally ill , I should go and get treated. He keeps on saying he never liked me . He used me sexually , even 20 days before he did the same . I am suffering each day and for the first time in last 8 months I told my sister about everything . I can't live like this . I was very strong person , I have never done wrong neither aLlowed ever . This is killing me the way he cheated me . I feel like kill myself since I am unable to do anything . I want justice and I want him to get the punishment for cheating me . I was never been in any relationship ever in my life . This whole situation has made me emotionally, mentally weak . I begged him not to do this to me .since its been about 9 months and still I am suffering . I was scared how everyone will react and was unable to tell anyone . I have been a good girl in every respect . It was something out of my league . I cried and begged but only got words like shameless , mentally sick , psychological ill . I am letting him go like this is killing me from inside day by day . Please help me . If still I can do anything. I want justice and to let everyone know what he did to me . Everytime I wanted to take a step everyone told me it is India and you will never get justice .you will only be manipulated and only you will be made characterless. These are also the reason , I didn't said anything but I can't take the pain anymore . How I will prove and what I have to say I don't know . But I am in too much of pain . I left my job and my life has become meaningless . He destroyed my self confidence and everything . He literally broke me after what he did to me . Please help me and suggest me what I can do . I wan to stand for myself . Its late , I know but can I have any hope .
Please help me .
Regards ,
GC
Pari Mehta
10 August 2016 at 16:30
Hi,
My sister got married to Muslim guy at Arya Samaj Mandir , Delhi.
The guy changed his religion through Arya samaj process and got one affidavit of becoming Hindu and then did marriage according to Hindu Act.Is this religion change processor is valid and also this marriage is also valid??
Please help me out as many of people saying this is invalid
Khadakpada
10 August 2016 at 15:48
dear sir ,
i have one daughter 6 years old and my wife is pregnant . my wife dont want to leave with my parents and she has been left home . presently my daughter is with me . i asked to my daughter that with whom you want to leave , she said that with papa . but as per law what is the criteria ? whether i can get the custody of my daughter as her carrier will get spoiled in village where her mother lives . i am convincing my wife but she is not ready to understand .
please guide me .
Prasad
10 August 2016 at 12:50
Sir
This is for my friend who got married in March 2015 and back from leave left for abroad in April 2015.His wife has filed a petition for
1 Null and void marriage ( impotent)
2 to recover court expense
Both are Hindus and both are second marriages after legal divorce and she is left with a child from first husband.
As my friend did not turn up case was set as expartie and only orders for divorce was passed.
As my friend is in abroad will there be another judgment for recovery of court expense as given by petitioner in initial stage and can she file maintenance now in new complaint . As he is in abroad, how recovery will be met. No home or house or property in his name and with taking loan he left abroad . As his mother aged 80 stays with his sister worried , request advice
Jyot
10 August 2016 at 08:32
In family court, Petitioner from foreign country filed divorce petition through her power of attorney holder under the ground of cruelty without the permission of family court. The POA holder has appointed a lawyer for court proceedings in family court.
Respondent wants to do conciliation with his wife in family court. But, the family court did not refer the matter for conciliation to the Counselor according to family courts act and rules and insisted the respondent to file his written statement.
Then, the respondent did not file his written statement, but filed an application-X under section 9 of the family courts act after 200 working days of respondent’s notice excluding public holidays. In that application-X, he is requested to family court to try for conciliation with his wife according to section 9 of the family courts act.
The hearing of the application-X filed by the respondent is still pending. Now, the advocate of the petitioner has filed an application-Y to close the stage of written statement of the respondent after 140 working days from the respondent’s application-X and after 340 working days from the respondent’s notice.
The advocate of the respondent convinced to respondent for not filing of written statement of respondent in court as the hearing of the application-x filed by the petitioner is pending.
Then after in every date in court, respondent sought to give next date for written statement by filing number of applications showing reason in applications that respondent wants to try for reconciliation and due to pending decision on application-X filed by respondent in family court.
Many times Family court permitted date for filing of written statement to the respondent.
Then, the Judge permitted and ordered the last date to the respondent to file his written statement and insisted to respondent to file his written statement on next date without fail and told that reconciliation can do any time in the proceeding and if respondent would not file his written statement on next date, the judge would close the stage of written statement of respondent.
Then, on the last court date, when respondent filed application of permitting next date of WS, it has been rejected by family court and the defence of respondent has been stroked out by the family court order.
(1) What respondent can do as he aggrieve by the order of strike of defence as court has still not try for reconciliation and pending his application-X (for reconciliation) in court proceeding?
(2) Whether respondent cannot file the revision/appeal application in High Court for the order of family court under section 19 of family court as it is called as Interlocutory order?
(3) Is it advisable that respondent can file revision application in same family court according to order 47 rule 1 read with Section 114 CPC?
(4) Can respondent file an application to dismiss the petition in family court now as the petition is barred by law/no cause of action though strike of defense by family court?
(5) Any other advise in favor of respondent will be appreciable.
souren ghosh
10 August 2016 at 02:07
I am paying maintenance to my wife and daughter against CRPC125 interim order @ rs 10000/- for wife and daughter from Jan 2016. I have applied for RCR under section 9 and child visitation under section 26. My wife given me DV case after that. My wife is taking time against child visitation rights. She is suddenly saying 3 days back that i can visit my daughter any time i want. I am surprized as well as confused.
i have applied for visiting rights because i was not allowed to see my daughter for last two and half years.
My apprehension is that if i visit my daughter she might give me some false allegations and create trouble in DV case.
secondly if i visit my daughter at this point, out of court orders she may point out tactfully in the court that since i am visiting my daughter my plea for visiting right should be nullified. And if that is done by the court then she will not allow me to see my daughter any more later on.
Should i accept my wife's offer to see my daughter without court order now.
please guide.
laxmikant Gulmire
09 August 2016 at 21:50
citation required for ground divorce on basis of cruelty when wife and husband are staying under one roof
jeyanthikumari
09 August 2016 at 20:42
we signed for mutual nd after 6 months proof evidence was verified by judge... for orders they posted on next month.. in this period any one can file for withdrawal petition ah..
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