claiming the benifits of decade's employed husband

Sir
My sister got married in 2006. After a few months she was forced to leave her marital home. Since 2008 my sister at my house only.

In 2014 her husband came to my house and called all of us for divorce. We went to sub registrar's office. There he registered a divorce deed with sub registrar. In that deed he mentioned as " today onwards we are getting divorce. We don't mean with each other even after my death also". No legal document has been issued from court.

now her husband is expired recently. So can my sister become benificiary for decade's husband job and compensation.

Is the document issued from sub registrar's offices consider as legal divorce.

Supreme court verdict changes face of hindu marriage act

Supreme Court forces husband to divorce his cheating wife against his will
Date 18 September 2015

Sec 13(1) of Hindu Marriage Act 1955 confers right on an aggrieved spouse to seek divorce in case of infidelity by other spouse after marriage.

However, Supreme Court of India has its own interpretation and believes this is an obligation of aggrieved spouse to accommodate his wandering spouse.In an apparent show of solidarity with wandering spouse, supreme court has ratified Patna High court order which forced out a husband from his legal marriage in order to accommodate his cheating wife who had done second marriage illegally and had also begotten an illegitimate child from second marriage; all during the subsistence of first marriage.

By ordering dismissal of special leave petition filed by aggrieved husband, Supreme Court bench of Justice M Y Eqbal and Justice C Nagappan has rendered both sec 23(1)(a) as well as Sec 13 (1) of Hindu Marriage Act 1955 completely redundant.
Sec 23(1)(a) of Hindu Marriage Act casts mandate on Court to ensure before granting relief of divorce to a Hindu spouse that he or she is not taking advantage of his or her own wrongs.

In this case appellant husband has approached Patna High Court against decree of divorce granted by Family Court , Patna to petitioner wife who alleged cruelty and desertion by husband. Appellant husband has opposed this plea of divorce and contended that the truth is other way round .In reality he is the victim of cruelty and desertion at the hands of his wife . As per husband , it was wife who had left the matrimonial home voluntarily in his absence with ulterior motives . Long before filing the divorce petition on December 1, 2009, wife had already married her paramour in April 2008 and had also begotten an illegitimate daughter from said paramour on June 2, 2009 and had kept the court in dark. Allegations of cruelty by wife was just a ploy to create ground for divorce and nothing else while this divorce petition is a disguise to seek backdoor legitimacy for her illegal marriage .


To substantiate his claim Appellant husband has produced copy of wife’s passport No. G 9351478 dated 07 July 2008 issued by Regional Passport Office Patna along with birth certificate No- 17723 dated 27 June 2009 issued by Patna Municipal Corporation to illegitimate daughter of the wife. Spouse name in wife’s passport and child’s father’s name in birth certificate was that of wife’s paramour and not of appellant husband .

However, Patna High Court bench of Justice V N Sinha and Justice Nilu Agrawal refused to term these acts of wife as cruelty and upheld lower court’s decision on grant of divorce to wife. This decision of High court was challenged before Supreme Court on the ground that High Court decision is in direct violation of Sec 23(1)(a) of Hindu Marriage Act, 1955, however Supreme Court has dismissed the Special Leave Petition without assigning any reason.

Today’s order of supreme court has set a very bad precedent in law and is a big setback for stability of a sacred institution called marriage and is in direct contravention of Hindu Marriage Act 1955. Coming out of a binding legal hindu marriage has become a cakewalk now by virtue of this order.

claiming the benifits of decade's employed husband

My sisters married in 2006. After a few months she was forced to leave the martial home. Later along time her husband came to my house and forced for devorce. Went to sub register (revenue dept) and registered on stamp paper as we are not mean together from today onwards. And I am giving diverse to my wife. She has no relation with me and my job and the benifits after my death. Sub registrer registered. And given the divorce deed. No action has been through judicial court. Was the divorce deed acceptable. Is it considers as a divorce. No judicial court has issued any certificate.its just a registered.

Now my sister's husband expired recently. Can she clime for her benifits for decades husband. None of them are re married and no children.

Wife not cohabiting

My wife is not staying with me from last 4 years due to incompatibility issues and never returned inspite of several attempts to call her back. It seems like married but it never existed as she doesnt want to come back. We had no relation (Sexual or otherwise in last 4 years). She asked for divorce and when my several atempts failed to convince her not to go in for divorce, i finally agreed to give divorce so that i can start fresh. Now when i committed to some one else she called me after 4 months of last meeting saying she wants to come back..she has already wasted my 4 years and now playing around..If she has not stayed with me, legally does the marriage exists? What should I do as I have already wasted half of my adolescense in it and dont want to furthewr waste my coming years. She has done so much harm to me mentally and emotionally that i dont feel anything for her now. Nor does she has any regret for what she has done..Can i go ahead and continue my new relationship without further wasting my time..

Stay in interim maintenence

SIR, IT IS MY AND MY WIFE'S SECOND MARRIAGE. SHE DESERTED AND FILED DOWRY HARASSMENT AND MAINTENANCE ALLOWANCE CASE U/S 125 CRPC. INTERIM MAINTENANCE AS FIXED SINCE LAST YEAR AND PROCEEDING IS GOING ON. RECENTLY I HAVE COME TO KNOW THAT SHE HAS NOT TAKEN DIVORCE FROM HER PREVIOUS HUSBAND. CAN I FILE APPLICATION BEFORE THE FAMILY COURT TO DISMISS THE CASE AND STOP THE INTERIM MAINTENANCE OR NOT.KINDLY GUIDE ME.

Regarding divorced muslim woman.

Dear Sir,
One of my client pronounced Talak before Qazi,3 times after the one month gap to each Talak and accordingly same was communicated to his wife. But she refused to leave the house of her former husband and whenever she asked for leave the premise of her former husband, she always take the law in her hand. Now he faces a lots of problem, so which type of case I prefered against her for her evection.

Decree of divorce

Hi,
One of my friend got Decree of Divorce last week. She noticed that in the Decree, so many details were given i.e. kind of her divorce, her petition detail & other details but neither at the top of that document Decree Sheet was mentioned nor it was signed by the honorable judge by whom the judgement was done. Only the stamp of the judge was there on the sheet.

Now, she is worrying whether the Decree is Genuine or not.

Pls. help how to check the originality of the said Decree.


Rgds,

SG

Lok adalat

Complain against judge for false order

hi

Family court orders interim maintenance 30000 per month without checking any petition properly.
In the order it is written the wife has no independent source of income . however, the wife has written she is working in company earning 60000 but this is not considered in order also she has hided the her own flat and demanded the house rent in the petition.

I have filled it in higher court but it has almost 2 years not yet finalized the interim order. One of lawyer told me to file pre-jury in family court about the own flat hidden. i hired a lawyer but he told me once the high court order is finalized then only you can file pre-jury in family court against the maintenance.

let me know what is correct procedure of pre-jury and how helpful is the filing against family court judge and how to file it against judge.

Also please suggest some good mumbai HC lawyer . I am not sound financially could not afford heavy fees lawyer as i am paying half of my salary in interim maintenance.

u/s 41(a) cr.p.c to co operate with the investigation,false case filed by daugher-in-law

Sir, My Daughter-in-law has filed a false case against me and wife and son U/S 498A and 406 on 4-5-2015. my son is presently working on deputation in U.K from TCS chennai( before filing case before police) left in the month of 2/2015. I have attended five times before police after filing complaint before police. My daughter in Law's parents have demanded 10.5 lakh for Mutual Divorce consent fabricated a MOu by force and obtained signatures fradulently on MoU and black mailing,cheating,misleading facts before police,I have written 4 leters to my daughter in law and their parents.they have acknowledged two and two returned, not claimed I brought to her notice above MoU and others .They have involved and cheated while drafting MOU, but I have not paid any amount till date.We are govt employees and edge of retirement. The locker key held my daughter in law and my son is lost. There are jewellery and gold items and documents of daughter in law and my son.The issue is pending before for break open the locke by the Manager , settle the 498 a and 406 accordingly notice sent to bank and daugher in law . I decided not to cooperate with bank authority and daughter in law in breake open the locker. Now Police has asked to attend for investigation within three days with ID and passport size photos. every letter addressed to my daughter-in-law,a copy was marked and submitted to the concerned police, and bank manager also. My wife attended before police on 6-9-2015 and myself on 7-9-2015 and both furnished under taking before police. the police has filed FIR on 24-09-2015. The police is going to investigate the above case after they may file chargesheet. Kidly do need full in this mental agony issue-vishnu Murthy