Arun Jaiswal
17 February 2014 at 11:48
Hello sirs / madams ,
This matter is pertaining to my sister , who is referred here as "wife" in the matter.
The wife delivered the baby girl in the hospital and since husband was unhappy with baby girl and he refused to take wife - baby back to matrimonial home and instead filed for Divorce petition on the false ground of cruelty.
During the pendency , the wife tried to return back to matrimonial house with the baby girl , but the husband took temprorary injunction to restrain the wife and child from the matrimonial house , during the pendency of petition.
Wife protested the Injunction stating that - as per newly enacted Domestic Violence Act - The wife has right to stay in the matrimonial house which is solely belonging and tenated by the husband even during the pendency.(She cited Batra case of Hon Supreme Court by Jt.Markandey Katju).
The matrimonial house is a tenanted house and solely belongs to the husband only and no relative or parents have any stake in the matrimonial house.
However the Court granted the injuction to husband.
Now the divorce petition is dissolved and husband has lost the petition against the wife and hence the Injunction is also vacated due to it.
But immediately after the loosing the div.petition, in order to restrain the wife again to join in matrimonial house , he has exchanged the house with his friend.
He is telling the courts that he has sold his matrimonial house and now stays in leave licence house in a shanty like home . And if wife wants to join him , than she has to stay with him in the "shanty" home and cannot claim any rights in the original matrimonial house.
On the other hand , the wife alleges that all this is a tactics of the husband to restrain her and baby to stay peacefully in matrimonial house. She further proved before the court that all the ration card , election card , shows that the original matrimonail house is still belonging to the the husband and alleges before the court that husband has done all this deliberately to confuse the court and make mockery of law which as per newly enacted Domestic Violence Acts as discussed above.
The Court is now confused , as what to be done in such circumstances and wants the wife to produce some more case laws pertaining to the matter enable her to re-instate her back in the matrimonial house.
Wife is in person and seeks help from the law experts to guide and support her and her baby.
regards,
Member (Account Deleted)
17 February 2014 at 10:23
Hi Experts,
This enquiry is of my friend.
His conjugal relations are not good. A year back his wife came back to his home after 3 years court case. But now there is no change in her behaviour and give him no importance.(Ase lagata hai jaise badla lene ke liye ayi hai) She don't let him sleep with her. He says that he has doubt that she is engage with some one. But he don't have any proof. She needs money only.
Kindly advice how he can prove that she don't let him (s-x)physical relation.
How can he trace her phones for proof?
He is very disappointed and going towards depression.
Regards
Amit
16 February 2014 at 18:39
Hi Sir/Madam,
In my married life, now there is no love, respect and trust left as among us, there has been vigrous tussles in past 6-8 months. Even my wife has started beating me but I did not retaliate since I feel my kids life will be hell. Now she is getting encouraged now and becoming habitual of such things. Yesterday we had a heated arguments and she again started hitting me punches and slaps for 3rd time.
I know its quite shameful for me to bear and to disclose such things publicly but my kids are my weaknesses. I want to get rid of this relation and keep my kids with me only.
I want to teach her a lesson legally. She thinks I am coward enough to bear her brutalities.
Is there any legal way which I can initiate so that Police also get convinced from me without her knowledge. So that next time she does the same thing, I will report directly to police and file a case against her.
I know my life will be ruined if I do so but I believe this will be the only option which is left for me and I wont expiate for what I have done. If you have any other alternatives then please let me know.
How can I get evidence against my wife about her doing? I know If I dont have any evidence, no one will trust me and I have to go to Jail which I believe no gentlement wants. As most of the laws are in favour of women.
Kindly suggest me what should I do.
Thanks in anticipation
Amit
nitya chandra
16 February 2014 at 12:42
Respected members, what is the remedy if a person against whom domestic violence is filed does not appear while proceedings ??
+
What are the grounds on which such person can have authority not to appear in the court ??
Khushboo Sayed
15 February 2014 at 23:12
Dis is fr my frnd
He hd dne court marriage in 2010 bt nvr stayed wth hr wife e1 aftr marriage.
He hd filed petition aftr 1 yr 2 nullify hs marriage as she hd lied dat she ws marriage aldry n gve false documents during d tme of marriage dat she was single n never married.But he lost the case fr not submitting proofs.
Still dey r separate.
She hs jst married hm fr money as he hs all relevant bank documents showin d transaction n lft hm now frm few months she is agn irritatin hm fr cumin bck in hs lfe n tellin hm 2 leave evrybody n go bck 2 hr.
But he dnt want hr bck in hs lfe.
Az he hd suffered alot.
We r jst concern n wnt 2 knw stayin away many yrs aftr marriage does marriage gets nullified automatically.
Or sum1 guide wht is the tme fr gtin d marriage nullified and if he is planin 2 gt married agn so wht r d terms as per islamic law.
Can he gt married not havin divorce wth hs wife?
Can hs wife create prob if he gts married wthout hr consent?
or any othr guidance dat wud hlp frm comin out!!
plz rly..
Anonymous
15 February 2014 at 18:19
My son got marriage with Tamil girl. Differences arised. Had two sons 4 years and 2 years. She is harassing my son with her cruel nature. Send mails to my son and my relatives abusing with filthy language. Visited their house to show her parents. She and her brother beaten my wife and son reversely filed complaint at P.S. she made false allegations of last 3 years. Police not registered case taken an undertaking not to visit their house in future and she given not to send mails either to the officers of my son and relatives. Then we filed Divorce petition in Court. Notice not received stating NOT IN INDIA. Counter-blast she filed false complaint at Chennai P.S u/s 498a and 406. Case registered on 14.1.14 against my son, mine and for my wife. Since one year girl stayed with 2 children in Muscat. My son stayed separately in UAE and we aged parents in Vsp. She came with Chennai Police on 23.1.14 taken her gold jewellery from bank locker under acknowledgement on 25.1.14. Police issued memo asking us to present for counselling on 27.1.14 by that time the lady left for Muscat. We filed quash and stay petition in Madras High Court. Whether the complaint can be filed in Chennai For all the false allegations of Muscat. Since both wife and husband are separately staying in different countries for the last one year. Is it valid for registering a crime. In the month of 7/2013 when she given complaint by that time she has not yet at all raised for the issue of harassment. After issue of divorce notice she filed false complaint harassing us. Please give your valuable advise.
Rao M.P
Peter
15 February 2014 at 17:29
Hi ,
I'm a Catholic man recently married to a Sikh divorcee with a 8 year daughter. My wife was married under the Hindu Marriage act. As per her divorce agreement , she has custody of the child.
My wife has uses my name . I would like advise on how we can change the surname of the child .
Peter.
NV MANI
15 February 2014 at 17:09
Only child of parents is diagnosed presently to have mental illness.
If the child is not able to be cured before the lifetime of parents,the child may not be able to self-manage.
In such case,especially if no family member or friend is volunteering to act as a trustee,please advise best legal option available to parents,to make provisions now itself,to take care of the child and property for future(after lifetime of both the parents).
Manoj Pamul
15 February 2014 at 15:45
Sir, in case filed by husband for divorce. Wife appeared and filed her say and later on filed an application for interim maintenance. The other side has not filled his say and court has passed no say order. Thereafter on the next date in the morning the wife was present before the court and was sitting at the outside of the court but the court in the morning session only passed an order that 'the respondent is absent when called and hence application filed'. Further at about 12 O'clock on the same day she filed the application for setting aside the order of 'filed' and the court has passed the order of 'other side to say'. Now the court is pressing to cross examining the husband pending and reserving the maintenance right. So, kindly advice whether should I approach appellate court? Or is there any citation which says that the application for interim maintenance is to be decided first?
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Christian divorce
I am working in State Govt. My wife working as guest lecturer in a Pvt. University we got married in year 1995, as per christian marriage Act, and it has been registered in church marriage registrar. We have two children, daughter is doing medicine in abroad, son is doing 7th std. in chennai. we are living in chennai for long time. Untill now what are all I and My wife earned and properties in her name. nothing is in my name. Untill now some how I have tolerated my wife's torture, but now i am not able to beare. Hence, I come to a conclusion better to disolve my marriage life. Sir, pls give my an suggestion how to get divorce without affecting my childrens life.