Hari
15 February 2016 at 04:14
Dear Experts,
I am married since 2002. My wife is the only child of her parents. She was a well behaving and loving partner for me.
We were happily staying together at my home, ground floor. My Parents were staying on the first floor.
It all started when our first child(son) was born in 2004, purely driven by my in-law's selfishness and crookedness to bring him up at their house with them and as per their wishes. They never liked me or my parents loving and caring him. Their intention was to take the child first, so that I would also go and stay with them for ever. But I was against this and very much wanted my wife and child to be with me. I could stay with my son only on weekends and it was because of in-laws strict orders, obeyed diligently by my wife. I could slowly realize that it was a planned move by 3 of them. There were frequent quarrels between us about this, but no physical assaults at all. There used to be separations between us which lasted even for an year without any communication, which were settled through mediators. In between, we got a girl child in 2012.
In one of the compromises made in 2008, the condition was that she would come and stay with me with my son, when my new independent house construction was over. However, it lagged a lot due to troubles from my in-laws. However, I managed to complete the house by 2013. It was a shock for them seeing the house completed though they tried their best to lag it as much as possible, because they were afraid of the fact that finally my wife would have to come and stay with me.
I invited her, though we were separated at the time of house warming, but she betrayed me again when she turned down my invitation, thus breaking the promise she made.
I had no choice, but invite her through advocate notice in 2013 end. She replied to it with all false allegations. In addition, file 3 cases (One in ACJM,under section 43 of domestic violence act, one in family court for recovery of money, gold etc and one for maint for children).
Fact is that all gold ornaments were taken back by her and kept in her locker within a week after marriage and I was least interested in her gold, money or any other assets. I was a software professional drawing decent salary and had family assets too. I never needed to depend on her money and was against dowry too. Still cases filed against me with false allegations for dowry harassment, mental and physical harrassment etc. I filed a case in 2013 for restitution.
I have been fighting the cases for past 2 years now. Child maint case is settled in Adalat. Domestic violence case reached evidence stage and finally dismissed as petitioner (wife) was continuously absent
for evidence. Case with family court for money and gold recovery is in evidence stage. I am sure that they will not have any evidence to produce to substantiate their claims in this case too.
However, I have withdrawn my petition with FC after waiting for long 2 years and giving her sufficient time for a second thought. But, she remained to be adamant on her decision, fully supported by her parents.
I am 40 years old now and most precious time in mylife spoiled for no reason. I never want a life with my wife again and planning to file a strong suit for Divorce, under section 13 of HMA, thats for cruelty(false dowry case) against partner.
I have following queries to you:
1. Can I go ahead?
2. If so, how long will it take in FC?
3. Will I have to pay any compensation? 4. Will I lose my hard earned assets (all in my name) for no reason of mine?
Having said that, I won't mind sharing my assets to my children, but at the appropriate time, not now, as I do not have any contacts with my wife and kids since 2013 and lost all the privilege to have a happy married life.
Kindly Advice..
Narayana
14 February 2016 at 22:32
Dear Lawyers,
Reallly interesting and good online lawyers club for users here and i personally thank you very much.
I have a complicated problem in front of us(family) might be not seen over years we believe,
seeking good suggetstion and help all of your support, we belong to Andhra Pradesh state.
Kindly help us in this regard.
We are totally 6 children to our parents (3 men, 3 women)
1) Our father asset was 1 acre cultivation land (100 cents) and on father's name still, my father was passwed away recently.
i think that I know this 1 acre assets are equally shared among 6, here is the complications begin.
1) Our 2nd elder brother married his first wife (8 years ago) and due to misunderstandings they separated but not through divorce. through marriage process
2) Our 2nd elder brother married his 2nd wife (3 years ago) and due to misunderstandings they separated but not through divorce.
[just like married without our knowledge and photo was taken etc we dont know much, we got to know recently, she just complains against us in the police station, oftenly]
3) Our 2nd elder brother 2nd wife threatens us that they go for court to get their part/share, 1st wife also seems.
4) As we 6 children, say that 3 childrens are not agree to part/share our father assets, what will be the consequences? How court takes further on our request.
2) Our Living home land was on our mother's name since begining say closely 40 yrs and she passed away 10 years ago.
is mother assets equally shared among 6 or its applicable to only to our sisters?
As we 6 children, say that 3 childrens are not agree to part/share our father assets,
what will be the consequences? How court takes further on our request.
jaichamaraju
14 February 2016 at 16:49
My married date is 25/3/15 my wife is left me at 10/6/15 because she want royal life. But I can't do for her at my situation. Now she is living her mother house, I filled against case a section 9 case will be a 20/2/16. And she is studying bcom 2nd year. She also become poor family. And she as a love affair with guy in same village she living her mother house. If she want maintenance what will I do?
Bramarambha c s
14 February 2016 at 14:53
I have 20 months old girl child. My husband kidnapped her and asked me to go to my mother home. I abused and he himself went to police and i got my baby back. Last 6 months i was in my mam house. He is asking divorce. I replied with maintenance. We had a loan on this property for 1 crocre. He nicely used me and married me for building this house. Kindly reply. Thanks
johan
14 February 2016 at 12:27
My friend had purchased a car on his wife's name in order to avail loan facility. The loan is in joint names. But my friend has paid all the EMI till date. After filing for divorce his wife sold his car without his consent. The wife has stated in court that she does not know driving and that till the divorce my friend was using the car. Futhermore they are christians and stridhan concept is not applicable to them. Can my friend claim the money his wife made by selling the car? Can he file 420 & 406 IPC FIR against the wife?
Damayanti
13 February 2016 at 21:58
Family Court Appeal before BOM HC.
Please please somebody give me format at least some template (which causes ZERO objection right on the day of filing of the same)
Its all stuck in objections.
I cant pay mumbai lawyer from my pocket for my client. The party is really poor. I am doing for her two small kids(husband abandoned all of them due disability in one child)
There are more objections raised as to format of FCA (I tried to draft it like a Civil Writ Petition that we had filed at BOM HC) .......................... even prayer (I can't believe this. Form 90 in Original side rules inBOM HC does not prescribe prayer!! then where to assert the relie sought?)
I don't want to go wrong. there are already many problems and intricacies in her case (lack of proper handling of her case has really caused her destitution)
So far I have filed only CRAs vide Art. 227 against some stand alone orders(only maint orders) which got over in 3 or 4 hearings (unfortunately many got dismissed in limine)
Please help
Damayanti
13 February 2016 at 19:31
Cross Exam. New Allegations in Evidence in chief of plaintiff.
New allegations are ridden with half truth but are grave due to the half truth apparently.
Respondent first raises objection to those new allegation in exam in chief affidavit.
Court says. "Evidence pertaining to pleadings /framed issues only be read" in evidence even if affidavit contains new allegations.
Thereafter, Respondent goes ahead confronts petitioner as to those allegations and takes denial on record, but while asking those question the respondent has to first admit to the first half truth and then go for 'confession and avoidance'
New judge got appointed thereafter.
New Court passed judgment saying asking questions in cross on those new allegations caused to bind the respondent, hence judge can't ignore those allegations and can't call them "traveling beyond pleading" anymore.
Is it in contravention to
pleading - say - framing -burden - evidence flow of fact finding?
Respondent asked those question in view to weaken the testimony of plaintiff.
Even if plaintiff had pleaded those allegation right from beginning, respondent never had any discomfort in answering to those, but at least respondent would have got opportunity to answer them in its entirety.
Please advise.
Dr g balakrishnan Sir,
Doesn't that amount to a inserting new 'cause of action' or 'amendment to pleading' by the Petitioner but without giving opportunity to Respondent to reply?
Judge passed judgment soly on that point
our contention is that 'had the petitioner pleaded that allegation right in the beginning, respondent had no hesitation to respond to it in detail wherein he would have exposed the half truth of plaintiff (half truth is more dangerous than plain vanilla lie).
But this sudden new allegation not only surprised the Respondent but he was deprived to answer it properly.
Is it not a back door channel to amend the pleading also not giving opportunity to respond (against the principles of natural justice)
Plaintiff's hands were not tied to plead leave of new addition and then again going through the pleading - say - burden assignment exercise.
Whole procedural flow is bypassed here.
How to put it concise words?
Please advise.
Rocky
13 February 2016 at 18:03
Hello sir/madam,
My wife filed False 498@,307,494,406,34,107,144,125 IPC, after 4 month I filed contested divorce on cruelty ground just to take revenge. I applied anticipatory bail. Now I have all the evidence that her cases is false. She charged attempt of murder to 9 of my relatives nd neighbour whereas the time she has mentioned was in her parents home. In 494 bigamy charge also there don't understand how one can write all the false and fabricated statement by taking oath. Requesting experts for nyfuther suggestion Pls advice .
ganesh
13 February 2016 at 17:30
Respected Sir ,
I was married in 1998 and legally seperated in the year 2004. I again married a divorcee in the year 2005.By the time of marriage she already had two kids, a girl and a Boy.
During the course she got my surname in a year or so. But the two kids still carry
the Biological father surname.
Because of this I am unabble to quote my name as father's Name.
The kids have grown up and the boy is now willing to study in USA. Now there are lots of issues with documentation.
1.Because of the surname difference I cannt indicate in any of the documents as father ( as all documents refer Biological father)
2.I need to sponsor him - How can I sponsor him
is there any way that I can show as father ? All the financial dcouments on my name. Supporting financial strengh to be shown only by the close relatives (i.e Father , Mother etc..)
Please help me out.
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Regarding to marriage between me and my second cousin
I want to know if its actually possible to get married to my second cousin ,by religion we r Hindu....
Our relation tree is
Me-->My Mother-->My Mother's Father-->His Brother-->His son--> sons daughter
Is there any possibility that we both can get married when we both r related by this relation