deepa
25 January 2016 at 17:46
Sir
I am very depressed to ask one more question in this forum. Sir as I have already mentioned about the details of my husband now his stand is he will not give any property rights to my daughter also nor any alimony to me, also maintainance case is pending status: for payment due rs.170000. I had accepted to take divorce for his actions. Now my doubt is I have filed my petition on 5-1-2016. And hearing for the case MC 13 1 a petition on cruelty is on 6 the Feb 2016. I want to know if my husband does not attend the case or refuses to sign the divorce will the court award decree on his cruelty basis. Because it is a cruelty which I don't have physical proof, he says he wants divorce but does not want to allow me to live my life happily with my daughter also. From past three years I am living seperately with my daughter. Can I get divorce decree if he does not attend or sign, or what is the procedure of getting his sign on the paper by court. Kindly reply and help this poor mother who asks this for her own survival for the sake of her only hope daughter aged 7 years
vaibhav
25 January 2016 at 17:45
Dear Experts,
I had discussed put up my case in this forum before and experts had opined on the same .But now the circumstances have changed and so again require opinion .
Facts in Brief
1. My-self Dr and married to Dr in 2006
( arrange marriage)
2. Stayed with my parents in their house
3. My mother-inlaws undue interference in
our married life
4. Tried to discuss with wife and my father-in-law but all in vein
5. 1st baby born on 2009. delivery done in our city .Mother-in law stayed with us for same.Stared fighting on simple issues like burning charcoal for heat for post pregnancy ( IV light already available at home ).Before taking wife to their home for rest Mother in-law threatened to file 498a and left off.
6. we had no contact with them for next 3 months.
7. in 4th month we got call from police saying 498a .306, plus some more sections filed against my wife and her parents and brother by parents of their daughter in law who committed suicide .
8. we kept part from them till judgment from court came .( 3 years period gone)
9.her Maternal uncle intervened with assurance that her mother will now stop undue interference in our life .So bought her back and started cohabiting back
10.learnt that she and her father made duplicate birth certificate of my daughter at municipal corporation at their place when i was having the original one ( when BC from one municipal corporation is issued ,can other issue the same ? ).kept quite thinking whatever it is , atleast i ahve my daughter with me.
( admitted my mistake, should have asked about 2 BC to clarify them )now have filed RTI to know what documents they have submitted to get same
11. interference from her mother still carried on .by 2013 next baby girl born
12. quarrel happened between me and my family with her regarding same .
13. left parents house and look other house on rent and started living there with wife and kid as did not want any fight to happen in future
14. aggression and fights from wife and mother in law increased and started fighting on any irrelevant things
15. by the time renewation of degree date was due for which we require to attain CME and collect certificates ( points) and submit same to medical council.
16. wife did not attended and got her friends certificate ,earesed her name and wrote her .made me to sign on her part saying if i dont do the same she will hang herself and me an my family members will be blamable for same .so had to sign
17.had to visit her village for some work .she handed over the certificates and told to get color xerox from there.
18.visited her parents house and told them what she doing is wrong but instead they supported her
19. same fabricated documents submitted to medical council
20.told her to accept the wrong she had done before they catch you for same.
21. instead she fought and made to go out of house.than called up on cell and said she is committing suicide and will write my and my family members name on suicide note stating we harnessed her .
22. ran back home ,had to break the door as she was not opening the same and found her sitting and playing mobile games.
23. stopped talking to her from then and just lived in the house for sake of my daughter
24. her parents came and said me that this marriage is over and to leave the premises and they will live there . i can meet my daughters whenever i want .
25. already bugged up i left the house and got another rented one for my self and started living there
26. visited on every alternate day to meet daughters
27.one fine day mother -law called and started giving bad words saying my daughters are ill and where i am.i was in clinic with patients .so told her the same and also told to speak properly.instead she banged the phone
28. annoyed with this i went at their place ( which was earlier my house ) and asked clarification as to why .she stated yelling and tried to assault me by hitting me with her hands . ( wife was not present there at that time )
29.left the house and than never visited back there.
30 .as i could not bear the wrong done by wife , i filed complained against her in medical council for submitting fabricated documnets
31.i am not allowed to me my daughters
my query..
1.should i file application for visitation rights or for custody of children .
2.should i file divorce petition and is yes on what ground .or should i wait for them to file the same as i will have strong ground for divorce when their baseless allegations ( if any ) proved false.
3. can i take part in person during cross and argument satge .
Imp--- i have video recorded all the conversation happened between me and her and her family members including the one where i was assaulted.
audio recording of wife threat hing me to commit suicide
i dont want to take revenge but want justice to be done
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Expert : ROHIT SHARMA
Posted 6 days ago
1. you can file a civil miscellaneous application r/w s. 151 of C.P.C. before a District Civil Judge and Judicial Magistrate (F.C.)seeking injunction upon your wife and her parents restraining then from disallowing you from meeting your child who is in your wife's custody in spite of the fact that there has been no divorce litigation filed but due to maladjustment of human nature domestic upheavals and unrest arising- you were compelled to live separately and that should not deprive the child of to have parentage from both the father and the mother.
2. you need to have catharsis with me so let me probe more back ground facts as how best can this marriage can be rehabilitated as in interest of the children.
3. Your reporting to M.C.I. about the fraud which she has committed then the M.C.I can file a police complaint and have her dealt as per the criminal laws.
4. If you have the time and resources and if need for further discussion on such issues and are willing to remunerate moderately for to have phone consultation with me.
5. Click my name shown in the margin of this reply format to get my contact details.
Expert : P. Venu
Posted 6 days ago
Can you brief with the query?
Expert : Rajendra K Goyal
Posted 6 days ago
From your post it seems all is due to ego problem and interference of in laws. A bit broad mindedness may save marriage.
Both of you are well educated in Nobel profession and have been gifted with the responsibility of small kids.
If other side do not want to adjust, go ahead and try to adjust from your side, forget your ego. it would fetch good results. Wait for two more years, if no result you may proceed legally.
Remember that legal process may take years with uncertain results, may attract some criminal cases against you. You may feel more discrimination from legal process than you may not face from your own people.
Posted 5 minutes ago
Dear Experts,
waiting for some more valuable opinion .
sree
25 January 2016 at 14:28
Sir, my brother is working in malasia and he recently fall in love with a malayi lady. she is already married but due to some personel matters now they living seperately. but divorce is yet not processed and she says that his ex husband will never give her a divorce. now my brother returned to india. can she come and marry my brother in india without getting divorce. what are the procedures to be follwed for the same..
sree
divakar
25 January 2016 at 12:16
hi,
Myparents have 3 children 2 daughter and a son,i am son having 1 elder and younger sisters.all sisters are marries in 1995 &2000 and staying saperately.me my mother and father staying saperately
my mother have 2 properties in her name
1.aggricult land that she got from her father through partition deed in 1993
2.land converted to site shehad bought as self earned in 1994
in 2008 she had given 3 sites to each of her daughter as a gift deed.
now my mother had given aggricultural land to me as a gift deed in 2015
my question is
1.do my sister have legal rights in this aggricultural land after regestering in my name through gift deed.
2.my mother still holds some sites in her name do i have legal rights in that sites or not
vaibhav
25 January 2016 at 11:31
Hi,
i am upto file divorce petition within 1 month .in this duration i am also seeking to buy a property om my own .
query .
will my wife be entitled to have share in it
Nandkishor
24 January 2016 at 22:44
On mental illness grounds for seeking divorce , what documents are required?
Dease-
Hallaucinating wife (dissosiative identity disorder).
Mehul H Nirmal
24 January 2016 at 18:38
I have a residential property....a flat.....which is on my and my wife's name...i.e....in aggrement...my name is first and my wife is the joint owner of the flat...now...as today there is no any dispute but as a matter of safty..I my father want me to give the flat to him..(.as maximum (80%) money to buy flat was given by him)...a gift..or..by any way...I and my wife also wish to do so and happily agree...so what need to be done and how and what will be the expenses incuure in this procedure..???
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Disposal of joint property on decree of divorce
Respected Sirs,
Husband H filed divorce petition against wife W. H and W are having a 2 BHK flat as joint property. Husband has not made any pleadings in the petition. Court has not framed issue as disposal of joint property. If husband H succeeds, and Court remains silent on disposal of joint property, will H be able to remove the name of W from the title deeds of joint property? What remedy is available to wife W so that it will not happen like that.
Regards.