letsfight
18 July 2016 at 20:44
Hi Experts,
Wife has filed Divorce case, and is sent for mediation. Till now I have not filed reply for divorce. I have a 3 years old daughter and my wife and in-laws are not allowing me to see my child. I am planning for filing Custody under GWA act.
But along with GWA custody Can I file interim application under Divorce case asking for interim custody and Visitation rights? As I suspect opponent will try to linger on the custody case, so if I can file an interim application in divorce will that be helpful.
Please provide your advice.
Thanks
V.N.K. MENON
18 July 2016 at 19:37
A wife in Delhi goes to CAW cell in
Delhi for a compromise. Deliberately did not want a compromise and insists for filing of FIR against husband. There after goes into deep slumber.
The query is whether -
(1) she can file FIR and proceed with DV case in any other place than Delhi?
(2)Whether the case has locus standi at the new place?
manoj
18 July 2016 at 11:47
my cast is st n my wife categoris open can change my wife category in my category plz suggest me.
krishna
18 July 2016 at 11:00
experts
CASE STORY:
For Devajyoti Barman sir and adv.bharat @ PUNE sir
my brother married in march 2015 and left back for US in April 2015 . Both are Hindus. Wife wanted to be with brother in US, brother declined. On Nov 2015 she filed case for NULL and VOID and in same petition said to recover her court expense from him. Case was set in Nov, Feb, April, May and 3 July for counseling. As he left only 10 months back after marriage and on January 2015 only he got job in US find difficulty in getting leave. He did not come even for single hearing. Brother did not give vakalathama for appearing for lawyer Respecting court orders, I a handicapped lost both legs on accident and mother aged arranged a advocate to inform court saying he is on US and requested court to give time till DEC for which it was turned down . Arranged advocate said he cannot appear as he did not have vakalathama .Now he will come to India only in Dec. He did not appear for counseling and was set as expartie evidence on 13 July and again Court sets 25 July for orders.
1 what is order means
2 We heard from some members standing in court room for payment of money. We have query. As respondent did not turn up till now how relief of costs will be paid by respondent as he is not in India and no property or deposits in his name in India. brother , me stays in home in name of mother Any sort of compensation will be order to be paid as per court and can that be set aside till he come in December. Even if court advice for payment of money can his relatives approach court for considering in December. What is duration of time obeying order pronounced and appeal period
ngopidhar
17 July 2016 at 23:06
i wish to pass on the property to my children only that i will be getting as my share in the inthestate property of my deceased father and not a penny to my wife because she has enough propery from her side.this property issue from my side and from her side has become a bone of contention between us and made us to live separately for the time being.though we will come together sooner or latter. my question is since i dont have any right on her property,what right does she have on the property that i will be inheriting as my share from my deceased fathers property.and also i say to her that she is entitled to my salary only and nothing more than that.tell me if this is correct or not.kindly answer to my questions only because i wish to make her aware of her rights and i assure you we will be together by the time you answer my querry, THANQ U.
sudhir saha
17 July 2016 at 19:08
An old poor widow mother aged 67 years is daily harassed by her son working as a daily labour. Mother is staying in her parents' old building and maintained by widow pension and some monetary help from her brothers . But her son always claim money in various clue and if not get , he tortures her. He occupied one big room with kitchen forcibly . He gives not a single penny to her mother . Mother alone stays seperately in a seperate condemned room without kitchen. Even her latrine and bath are used by four members of his family and they make it dirty but never clean it nor pay for sweeping , Municipality tax etc. Always he threatens ," if don't give money as and when required , who will look after you when you will be in bed". Pl. advise how she can get permanent safe-guard .
p phipson
17 July 2016 at 15:32
I have one flat in my name and the adjacent flat in my wife's name which I bought in 1972 and 1988 resp.
We have interconnected the flats with permission from the authorities but pay outgoings/taxes etc separately.
Our children grew up with us in these flats till the girls got married & moved on. our youngest son lived with us. He got married and his wife shifted in too. Now they have 2 children both in school.
To help our youngest son we allowed him to convert one bedroom into a Studio (he is a professional in design). But now after 9 years he does not want to shift out his studio as it is most convenient.
Daughter in law has given up her job and joined the son in the business.
Things have gone very bad and lately I had to tell him he had to move out within 6 months and the studio ASAP. I have been toying with the idea of selling both flats and moving into smaller digs to suit my budget.
I got a shock when to this my wife of 45 years turned round & said she would not let me sell the flats And the son said that I can do what I want but he will not move out nor will he shift his office.
Am I to remain Shahjehan in one room while my son takes over everything.
I am prepared to disown him because of his attitude.
Can your experts pls advise me what to do- I am 70 years old
bharat jeevan uday
17 July 2016 at 13:26
if I withdraw my divorce petition of cruelty under Sec 13 (1)I
can I again file case after some years under the same section or not bcoz my lawyer said if I withdraw my case I will be not able to file the case in future under the same section
is it true or not
I want to withdraw case as she is ready for settlement
if she not can I file case again plz advice in sec 13(1) I
Shraddha
16 July 2016 at 21:57
My husband and his family have harrased me for money. My husband has often resorted to hitting. A huge amount of dowry was given at the time of marriage about 5 years back.
They are in posswof my jewellery.
My husband is producing supreme Court judgement preventing arrest under 498a.
I however have recording of admission of my husband taking dowry and pictures of marriage in which dowry is being given to parents and family.
Can the husband and parents be arrested in compliance with section 41 of crpc which says if there is proof then arrests can be made?
Also i lost my father at a young age. My uncle has filed a complaint in punjab against my husband. But he has taken anticipatory bail order from bombay high court against arrest in punjab. However punjab police should come under the jurisdiction of punjab high court. Is the order valid? Further he has managed to get a typographical error in the aba order and the order states aba is valid for over a year. Is there anyway I get the order rectified?
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Wife harassing me and my parents
My marriage happened 2010 first few months were OK after that my wife would cry at night shout we all were horrified by situation and could not think what to do this continued for one and half year that was our mistake then we decide her to take to psychiatrist which her objected but after some days agreed bcoz they knew abe her doctor told she had the problem from childhood so was on medicines but her parents never told us now at present she is on medicines but nothing has changed I want the divorce at the ground that she harrases my mother abuses us her parents forcing me to have child but I have not aggreed please suggest me what to do they also threaten us for filing a case in court my lawyer has said to be separated from parents and live with her but that's not possible as she says she will not live with me and go to her parents house which they are not ready to take her please suggest a solution or I have to end my life