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Ajith   16 September 2015 at 19:03

Cruelty against women, chances ?

I have filed a divorce case in Dec 2014 against my wife after a 2 complete year of separated life, she is staying with my 2.5 year old daughter in India. I also filed a custodian OP. We married in 2011 and lived together for 1 year abroad. She had taken almost 6 lacks from me during this period ( of that 3 lacks has evidence -online bank transfer -and she has closed those bank accounts when I asked for my money ), she was very greedy and extravagant.
She is loyal to her mother only, she is not at all ready to adjust/compromise on issues, very aggressive character, we had a lot of fights since the day of marriage. She had manipulated everything in a favorable way in her petition.

She had left to India in Dec 2012 along with my daughter, when we had an argument regarding her regular bad behavior to my mother. My mother was came to stay with us to look after the new born baby.

I did not kept any contact with my wife after she left. But I tried for a compromise 3 times via my relatives/local politician/NSS members and a lawyer cum Councillor - this was to obey my family decision as they requested me to adjust for my kid. But Anyway it did not worked out coz she stood on the reason that, I have to avoid my parents forever and to stay with her alone. So I filed a divorce petition in Dec 2014. She did not attend 3 counseling sessions and the case is now directly posted for hearing in Nov 2015. Her reason for not attending counseling was "severe back pain".

Her stand is very clear, she will never let me leave her and will do all possible ways for holding me. But she dont want to live with, coz she only spoiled all chances for a resolution. But she's always sending messages like am the culprit and am not letting her to live with, even romantic messages. As she is extremely intelligent, am not getting what is her plan and what should I do now.

Now I fear that I will fail this case coz of the following reasons, I do not have an evidence for cruelty, only myself, my parents, sister and god knows what exactly her character is. I only have a 3 lack bank transfer receipt, and it cant be considered as cheating. She is well educated and was working in a school till Dec 14 regularly and resigned coz of the same "back pain" reason now and filed a family maintenance case against me asking rs 15,000 monthly.
She had pledged all her ornaments and deposited that money in a private finance along with the money she took from me, so she is getting almost 7%-10% interest MONTHLY its almost 75,000 per month, no documented evidences. Coz of this I did not pay any maintenance charges yet regularly. ( Only 5000 x 6 months paid till now ).

About the 3 private counseling sessions, she is now saying that it was only for threatening her to get divorce. She is also planning to reveal my new relationship in court. She is playing sympathy game with highlighting my daughter.

The issue is that, I am not ready to live with her even if the case is dismissed, as am fed up with her character & attitude, I cant even think of such a chance. Also for the last 6 months am in a relationship with the consent of my family and we are leading a family life abroad smoothly and happily. So if the case dismissed, this girl may do something unpredictable. This relationship has started almost a year back and she is a new employee in my company.

Coz of my fear in her character, I changed all my ancestral & own properties to my sister name to get ready for financial fight.

Can I have an advise how to move further ? Am very much tensed.
What I do if the case is dismissed ?

Neeraj Jha   16 September 2015 at 18:54

Complaint of judge

Surbhi   16 September 2015 at 18:46

Intercaste marriage incentive in madhya pradesh

Hello,

I am resident on Madhya Pradesh and belong to general category. I got married on May 2nd, 2015. My husband is from Uttar Pradesh and he belongs to SC category.
I want to know that whether we can get Intercaste Marriage Incentives in Madhya Pradesh.
Please let me know about the procedures and amount which is given by Madhya Pradesh government.

Regards

krishna   16 September 2015 at 17:00

Property law

My grand father-in-law(FATHER-IN-LAW FATHER) purchased a lease hold property (House) in 1960’s at new Delhi. He died in 1985 without leaving any will (INTESTATE). My grandfather-in-law left behind two sons & two daughters. In 1992 my father-in-law and his brother applied for mutation and conversion of property into freehold after obtaining NOC from their sisters and mother. Land & Development office converted the property into freehold and conversion deed was duly registered in their joint names. Now the property stand registered in the joint names of my father-in-law and his brother.

my husband and brothers in law running a general store in said Property.

My query:-
1.Is said property is a HUF property
1.What is my child's legal right in said property.
2. Since my child is their offspring what will happen to his share.
3 Is there any legal way to protect my child's right in that property.
4 Can I file any type of suit to ensure that my minor child's right in the said property is safe.

Guruprasad   16 September 2015 at 16:48

Men rights to divorce

Hi All,
Thanks for your advises to public. I have married 4 years ago living together with my parents and now having one boy kid. Also living separately with my wife.Due to d continuous quarrel between my wife and mother. Now again there is a quarrel between my wife and me as she is not taking care of child properly. Most of the Times I feel to give divorce but she is not ready to move out from my home and also not ready to give or accept Divorce. Please advise as how can I react in terms of giving divorce or what financial consequence I may face if divorced as I have a child (boy).

Magee   16 September 2015 at 09:02

Maintance in dv

Dear sir,

In last week my DV case interim maintenance application has allowed and court pass the order 15,000 per month from date of application. I filed the application 40,000 per month, b'coz my husband have salary more than 1 lakh per month. I have one 5 yers old son with me.
My quarry is

1. After pass the order when my husband give the money, b 'coz I know he was not give me single money. If he not give the money then court take any legal action to him.

2. He possible to stay on this order. If the stay is possible then what about my 15000 Order, from date of application.

3. My advocate told me we r going to section court and apply for more maintenance, so this is possible to file a petition in section court. ?

4. After file the petition in section court how much time take a result ?

5. How much fees for section court file. My advocate asking me half maintenance in section court, whatever is pass in section court.

6. Also in every time when I go in court his advocate pressure me in give the divorce to husband. They maintaly destroy me , in my backing support no one.

I want to fight with my husband in DV and Divorce case.

Please advice me.

Thanks,
Magee.

r.pratap   16 September 2015 at 08:24

offence of bigamy or what by boyand girl

Sir
My query is thst in case of one of my friend ,his daughter and her husband living separstely and by mutual affidavit ,all goods /gifts have been returned to girl.Now,that boy is living with some another girl without doing any marriage like some religious homa etc.and he has one child ,whether he can be lible for offence and what when the name of boy as father of child is used.

thanks in advance.

abhishek   16 September 2015 at 00:00

Habeas corpus

Respected Sir

I only wanted to meet my daughter and i have put Habeas Corpus as my wife is not following court orders.

i got the below reply - Can anybody help me in this contest. this writ is dismissed by court.

below is the reply
Petitioner :- Kumari Saachi Mittal (Minor) And Another
Respondent :- State Of U.P. And 7 Others
Counsel for Petitioner :- Amitabh Agarwal
Counsel for Respondent :- Govt.Advocate

Hon'ble Pramod Kumar Srivastava,J.
Heard Sri Amitabh Agarwal, learned counsel for the petitioner, learned A.G.A. and perused the record.
Petitioner no. 2 Abhishek Mittal is husband of respondent no. 6 Smt. Arnima Mittal and father of petitioner no. 1 Kumari Saachi Mittal (minor). Kumari Saachi is living with her mother respondent no. 6 Smt. Arnima Mittal in Mawana, district Meerut. Petitioner no. 2 Abhishek Mittal and respondent no. 6 Smt. Arnima Mittal are living separately as some dispute have arisen between them. Principal Judge, Family Court, G.B. Nagar had directed in case no. 26/2014, Abhishek Mittal Vs. Arnima Mittal that petitioner Abhishek Mittal will have right to meet her daughter Kumari Saachi at any public place on every Sunday between 4 to 6 p.m. Now, petitioner has filed this writ of habeas corpus on the ground that respondent no. 6 is residing with her sister respondent no. 7 and brother-in-law respondent no. 8 in Delhi and not permitting him to meet Kumari Saachi.
In paragraph 3 of the petition, petitioners have specifically mentioned that "Smt. Arnima Mittal has been residing separately along with her parents at Mawana, Meerut. Daughter Saachi has been staying along with her mother and has been carrying out her study in Ankur Public School, Mawana, Meerut". This shows that respondent no. 6 is residing at Mawana, Meerut with her daughter Saachi. The dispute relating to custody? of minor child is still pending in the court, which has given specific direction to the effect that petitioner will have right to meet his daughter in accordance with directions. If such direction is not complied with or flouted, then petitioner will have right to execute directions of the Principal Judge, Family Court by moving application/petition before it. But in no way custody of Kumari Saachi with her mother respondent no. 6 Smt. Arnima Mittal can be treated as illegal. This is not a case of illegal or improper detention. Therefore, this petition is dismissed.
Order Date :- 28.5.2015/SR

Shalini Sharma   15 September 2015 at 22:55

Regarding the permission of final arguments

In the matter of D V Act, the accused had declared ex parte. Now is the stage of final arguments . Will the accused get the opportunity of final arguments ??

deeps   15 September 2015 at 21:31

custody of kid

Can husband claim for custody of kid 5 years even if they are not divorced but living seperately from pst 4-5 years How much financial position/working matters for custody case. Is only financial condition considered for custody or anything else too. how much is it in favor of mother.