Amit Nair
24 February 2014 at 18:18
i was in relationship with a married woman from her i have child ,, is there any way to get custody of that child in any way...
kindly read the details file attached herewith ....
kindly help me...
Magee
24 February 2014 at 17:22
Dear All,
My husband write in his petition ,( allegation ) to me . In last year i am doing Abortion,without my information .He also told the counseling officer she get the false sing in Father in low ( his father ).
Short Summary of Matter..
I have already one son age between 5 years & i don't want other child b'coz , my husband always out of country for work & he & his family not treat me well so when he come in last year so we both are going to our family doctor ( in native place ) & i am told him - I don't want any child b'coz my husband & my relation is not good as well as my health is not well , & my husband always out of country for work, so now i don't want any child now. I am Mentally not prepare for this child . I am very clearly that time told to doctor.Than my husband told me ok & when i going then get the abortion with go my father.So then after he went i am going to hospital with my father in low & doing the abortion.This is time between March 2013.
But now my husband allegation to me am doing Abortion,without my information.
So my question is regarding this court can take any Legally action to me.In my family doctor is now in my husband native place. He is private hospital in small town.
Now i am file my case in DV act in Mumbai City.. How can i prove i am right .
Please suggest..and give me expert Advise..
Thanks,
R.Ramesh
24 February 2014 at 12:47
Good Morning Sir,
Last week court sanctioned Ex.Party Divorce to me and with help of Divorce copy I can go for quashing 498a case and Maintenance case in high court.So pls kindly give your valuable suggestion on this. Thanking you.
somesh
24 February 2014 at 12:13
Dear experts
I am trying to send the rcr summons to my wife through the bailiff of her states court, but unable to do so as the judge is on leave.
please let me know the procedure and who is authorised to open summons envelope in the family court of her (haryana) state and who will be serving the same to my wife.
please do the needful
Alpesh Makkampara
23 February 2014 at 13:09
After filing maintenance case, she will get surely maintenance, whether she is not able to prove allegation.
Facts:
she has filed false desertion case.And also alleged that i was beating her and drinking alcohol, She has also alleged that we had snatched her dowry and other thing and key of cup board. But when she had left home she had taken dowry ornaments(our and there gold and silver) and key of cup board with her. when they(her mother and father) had come for their belonging materials. They had spoken lie that they don't have dowry ornaments and key. This things are here here. After interruption of our lawyer they had confessed that they had taken dowry ornaments(ours and their) and key of cup board with them. we have notary of their confession and photograph of signing notary.
I have one 7 months son also.
These are the facts.
Pooja Shah
22 February 2014 at 17:52
Hello Experts:
Your Advices & Suggestions required on following matter. Before I waste your precious time by detailing the whole matter, I would like to ask the respected experts that:
CAN A MEMBER OF A FAMILY FILE A CASE OF DEFAMATION AGAINST DAUGHTER-IN-LAW ?
To make it brief: My Sister-in-Law (Devrani) has been maligning my husband's reputation by accusing him of getting physically violent on her. Whereas this is absolutely baseless & false.
She is doing all this to gain sympathy from her family & our relatives as she couldn't adjust to our joint family system, which we had clearly told her (in front of her relatives) before marriage that we stay in a joint family.
A month back, my brother-in-law (Unwillingly) & his wife (my Devrani) separated from our joint family. We somehow convinced my brother-in-law to live separately with her, may be, this can blossom their relationship and can lead a normal married life.
Going through our circumstances minutely, anyone can make out that she has done everything with well planning & calculatively. Her sister in USA is a very well game player behind breaking our joint family. (Yes, we have proof – some SMS conversations between her sister & herself which my brother-in-law coincidentally came across).
To self-support her decision to separate from our joint family, she is taking advantage of my husband’s shouting at her when she was talking rudely in front my father-in-law. My husband had shouted at her to keep herself in control (ALL THIS HAPPENED IN FRONT OF HER RELATIVES), but, like as in our telly serials, she added some garam-masala, saying my husband became physically violent on her (HER RELATIVES HAVE BEEN GENUINE ENOUGH ‘TO NOT HAVE ACCEPTED’ HER ALLEGATIONS). May be, she is doing this to intimidate the thinking process of our family so that we fear from her & we stay away from her and she gets to be free from family responsibilities. And, may be, she is trying to signal us that if we say anything to her, she can be disastrous to our family.
Wishing well for my brother-in-law & his married life, we tried to let go of her allegations, but, she is going all-over-the-town to gain sympathy by accusing my husband wherever she gets an opportunity.
Recently, we came to know of this when one of our reputed distant relative told us about it, and this was really tough to face.
Your Advices Required…
Thanks..
ad
22 February 2014 at 16:23
If a hindu wife has been tourchered and harass by her husband and other inlaws, and having two children a girl aged 5 years and a boy aged 3.5 years. what is the legality if there are legal fight starts between them. My main question is that who is the custodian of children, as husband is not earning and only wife is doing a job. what action can be taken by the husband for child custody, what laws says. And what are the latest judgements about child custody.
Kindly advise, its urgent.
Regards.
Amit
22 February 2014 at 08:56
I've asked the question as part of another thread but there was no response to asking in a new thread.
Brief history:
My wife filed DVC and as part of that asked for residence in my house.
The house is though owned by me was never inhabited by me or my wife. We argued so and claimed it's not a shared household as envisioned in the act and instead are willing to pay her rent.
Lower court has ordered in our favor asking me to pay rent and saying that my wife is not entitled to live in the house though under my ownership.
My wife appealed against it in Sessions court and that court has given order in her favor, saying she can reside in that house.
That house from the beginning has been given on rent to tenants. My wife forced them to vacate and then locked the entire house and left.
We filed a revision in HC and HC has stayed the order in her petition in the lower court.
My wife has been handed over the stay order and she's been asked to leave. But she refused.
Next HC date is unknown and my advocate suggested that we file a petition in DVC court to direct the protection officer to get her vacated. But the next DVC date is 2 months away and moreover deciding on this may take 6-7 months.
So what should be my next step? Is there no option but to wait for 6-7 months to get her vacated?
Meanwhile, can she do anything in the court to continue her stay even after the HC stay?
Also, the DVC dates are spaced very wide like 2months. What can I do to expedite the case?
Thanks
Amit
22 February 2014 at 08:43
I've asked the question as part of another thread but there was no response to asking in a new thread.
Brief history:
My wife filed DVC and as part of that asked for residence in my house.
The house is though owned by me was never inhabited by me or my wife. We argued so and claimed it's not a shared household as envisioned in the act and instead are willing to pay her rent.
Lower court has ordered in our favor asking me to pay rent and saying that my wife is not entitled to live in the house though under my ownership.
My wife appealed against it in Sessions court and that court has given order in her favor, saying she can reside in that house.
That house from the beginning has been given on rent to tenants. My wife forced them to vacate and then locked the entire house and left.
We filed a revision in HC and HC has stayed the order in her petition in the lower court.
My wife has been handed over the stay order and she's been asked to leave. But she refused.
Next HC date is unknown and my advocate suggested that we file a petition in DVC court to direct the protection officer to get her vacated. But the next DVC date is 2 months away and moreover deciding on this may take 6-7 months.
So what should be my next step? Is there no option but to wait for 6-7 months to get her vacated?
Meanwhile, can she do anything in the court to continue her stay even after the HC stay?
Also, the DVC dates are spaced very wide like 2months. What can I do to expedite the case?
Thanks
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Custody of child from relationship with a married women
(Sub: Custody of Child from affair with a married woman)
Dear Sir/Madam,
i just want to get some advice from experts on my case...
3 year back(in 2011) my friend told me to go with his wife to a doctor for some kind of consultation and from that day i am getting in touch with his wife. and in couple of months she started to talk with me on phone and then she told me that her married life is not okay with her husband and she often discuss their family dispute with me. She told me that is alone even after marriage and is not happy with her wedlock. I have never misguided her in this regard. But i don’t know why she proposed me one day and ask me that she is in love with me. She said “i love you and cannot think to live without you in any case kindly accept my love; if you do not accept me I’ll commit suicide.” And by this act she offers her self to me.
On this incident i can not able to understand what is this and what to do and i refused to accept her offer, after that i started to reject her phone calls. And get away from her life.
When i say NO to her, On my refusal to her offer she tries to commit suicide as she already threatens me earlier for this.
After few days unfortunately again she meets me and feels sorry for her earlier dialogues with me & her act of committing suicide. And ask me to kindly ignore last conversation and request me to be her friend. In that case i accepted her friendship and clearly told to her never cross the limits of friendship.
Then we start to meets regularly on weekend or holidays or some others for chat or tea etc.
Gradually the phone calls between us were increase. And she became my best friend in the short period, as a friend i share all thing with her almost.
One day around 9:30 pm (night) she call me and told me that she is alone in home with her daughter and her daughter is not well so that is why she didn’t prepare any thing for lunch in noon and for dinner also. Then she requested to me to kindly bring some food from hotel/dhaba for her. On her request i purchase some food from market and go to her home. As i reached to her home she told me to kindly be seated and offer me to take some tea with her. On that day i also take some wine in the evening on the time of leaving from my office. But as i take my tea suddenly i feel wrong and i start to vomit, and feel sleepy.
After some time i notice that she is with me in her bed and she is sleeping with me. (i shocked to see this all )
I remember that time when i start to feel heaviness in my eyes and sleepiness; at that time she laughed on me and takes me with her on the bed. all things are going on in front of my eyes but i am not able to understand what happened.
in the early morning around 3:00 am that night i feel better and come to my home. After that day i was in great depression and mantle disturbance. After that i totally break all relation with her and even i shifted to another city to get out of this all.
After a couple of months she approaches to me again ask me to marry with her. She told me that she is pregnant and have my child in her womb so now she can not live with her husband any more.
Now this is very hard to accept all things for me in a minute i totally disappointing with her act. But on another hand i also start to feel some attachment with her due to her pregnancy.
When i ask her that how she blame me cause of her pregnancy during that period she also slept with her husband on this she told me that they (she & her hubby) do not have intercourse from last one and half month.
I never ready to be with her as she wish and never accept her offer to have any physical relationship with her. Just because of this she makes such plan and traps me. By spending some time with me she understands my nature and come to know that i am weak on emotional side. She comes to know that emotions are my weakness and only by this mean she can get me.
Now she told me that she is not opting to abort this child as this was her wish to have a child from me so she is going to give birth to this child and that is why she does not use any contra septic pills.
Now she starts to make me fool by treating me as her hubby and father of this child. Day after day her demands increasing, she start to demand money from me for medical and other facility she need during her pregnancy and threaten me that is i do not fulfil her all demand she will tell to everyone about this child, and told me that if i fulfil all her demand she will never open this secrets to anyone.
She also demand me to fulfil her physical thrust and compel me to do sex with her even i do not want to do so any more.
But during this all somewhere in my heart some kind of love /affection created for that child and i start to love that child.
Then she delivers a Girl Child in 2012.
Now she demands me for more money and i give it to her time to time. She demands money or a sex night with her whenever i ask her to give me some time to play with my child as a consideration. Now i come to understand all things and realise that this is just a game of blackmailing. Now everything is open to me this just a type of blackmailing.
Then one day i ask her to get divorce from her husband and marry to me. For just get a confirmation on my thinking of being blackmailed by her. She starts new disputes with me and again threatens to open this secret to everyone.
Know she told me that she was just want to see my head in her foot. She do this all for her sexual satisfaction. She told me that she do so because when i refuses to make any physical relation with her on that day she decided to get me on her bed in any cost and for this she give birth to my child because by this way she get total control over me and i have to do anything as per her order.
Know i am love my child so much and i cannot live without my child. I decided not marry because i do not have trust in any women anymore.
I just want to get the custody of my child. In any way at any cost.
I know my case is clearly a case of come and kill me And I can not prove my self innocent in any way
Due to non availability of proper evidence.
But kindly suggest me what to do. Otherwise i have only way that i forcefully get my child and go to some other place where no body know me.
By this every thing will go against me & may be my life with my lovely child comes to an end before starting.
(Note: i have only few phone calls recording with that as evidence and a photo)
Also advise me how ascertain paternity of that child, how to conduct dna test for it.
Kindly help me..............