ChandanLawyersclub
30 October 2013 at 19:29
Dear Experts.
Husband and wife married for 9.5 years. Wife is not ready to start family, do not provide access for conception. Husband wants to file divorce petition based on
1.Wife do not give access to her husband / or share bed with him, husband is deprived for marital relations, even though they stay in same house.
2.Wife has taken sole decision of not having child. Deprive husband from parenthood. She do not want to take any responsibility of child.
Husband has done counseling in Family court help cell, still no improvement in attitude of wife.
Husband wants to file divorce, if wife improves / changes her attitude during counseling / mediation , can he take back the divorce petition.
Member (Account Deleted)
30 October 2013 at 17:04
Dear Team
I have filed a case against my husband under the domestic violence act and simultaneously a divorce. But he is not accepting the divorce notice sent to him through the court nor is he willing to talk about the divorce. Now i have come to know that he has remarried. He is a muslim, so my question is whether can he remarry without giving me a divorce? Also if i can file him against fraud, bigamy and adultery? Lastly, how do i get the proof of his remarriage, as i have spoken to the members of the residential society people where he stays and they have refused to be a witness.
Please help
Rakesh Malik
30 October 2013 at 15:01
I have read that under CrPC Amendment 2009, if a complaint is made for 498a, and police have no sufficent evidence againt accused then no arrests can be made. Is it rght?
jay pathak
30 October 2013 at 14:58
sir
My wife is working and she is drawing a equal salary as me and we have a 9 month child.
If i am able to prove that my wife has deserted me and i win a case and get a divorce.
1. What maintenance will she get .
2.I have a flat in the co ownership of me and my father purchased before marriage. Will she get anything out of it.
3. My father is having ancestral land in his name. How much percentage she and my child will get from it. i have a elder sister married and my mother is a house wife.
regards
K Animesh
30 October 2013 at 00:09
Hello,
I am K.Animesh, native of Bihar, settled in Pune for 8 years. Marriage took place in Patna in 2006 and soon after the marriage we had differences due to various reasons. Majorly, she never liked and accepted my family. In Oct 2010 we had a daughter. Soon after this her parents purchased a house in Pune and started living in same society. This followed by their constant interference and her giving attention to her parents and ignoring my likes and dislikes etc. Daily qurall was routine. Some time it resulted in Violence and abuse from both the sides.
Following this she started living with her parents since Jan 2013 and continued till June 2013. During the period I used to meet/ talk to my daughter.
On July 1st after a small fight she again left for her parent’s house and her brother in Law who was visiting Pune, from Lucknow, came and thrashed me and even registered a false case under sec 323 in local police station.
My wife ever since has deserted me and shifted to Lucknow along with her parents and my daughter. I tried to pacify her asked her to come back but she refused even did not allow me to meet or talk to my daughter for last 5 months.
My queries are:-
1. I love my daughter so much, considering that should I file for a restitution of Conjugal rights petition, hoping that she would come back along with my daughter? What are the merits or demerits?
2. I am thinking of filing the case in Patna, since the marriage took place there and we both belong to Bihar and coming to Pune for them would be difficult. However we both lastly resided in Pune for last 7-8 years and her father has his own house also in Pune. So what is advisable, filing the case in Patna or Pune? Can the case be transferred to Lucknow, considering they do not have any connection except her brother in Law, just to add, she is working currently there.
3. If she refuses to come back, what are the chances of my daughter's custody, considering they used the child as Pawn, disappeared from Pune without any consent or information and not allowing me to meet my daughter for 5 months, wife is currently working, weak financially, dependent on her ailing parents and daughter is residing in a compromising condition. I can even opt for work from home and devote more time for my daughter, my daughter and my relationship is like of a mother and a daughter. I love her so much. She just turned 3 years of age.
4. How much time does this type of proceeding take in India, usually?
5. If One can suggest a good lawyer in Pune for representing my case, who charges reasonably?
sachin agarwal
28 October 2013 at 22:12
whether the competent court has power to decide the second motion of the mutual consent divorce petition if both the parties are agreed
whether the parties may file the same petition before one year
please give the provisions and apex judgments
curious123
28 October 2013 at 18:06
Hi,
My sister has been living at my place for the past 7 months. I worte about this issue in the pas as well. She was not treated well at her in-lawas house. After waiting for 7 months and trying to sort out the matter, when things did not change, we decided to file a case in the district court(CJM court). We wrote all the hardships she had went through at the in-lawas house and also, asked for monthly maintenace from her husband.
Now we have reeived a summon from the family court of their town(her in-laws are in Nasik and we are in uttarakhand), asking her to be present at the court on November 27. They have made false statements in the notice like - We tried to contact her, we were going to fetch her, when the summon came, etc.
How do I take care of this situation. Please suggest if we have to abide by the family court's decision to go to Nasik, especially when my sister is unemployed and the journey takes at least 4 days from uttarakahnt to Nasik. She has no money, and my father is old and ill right now. And i am busy with my job.
Regards!
Nito Digital
27 October 2013 at 15:04
A couple plans to marry with parents consent, where the boy is a Hindu and the girl is a Parsi. They plan to do the wedding first as a full Hindu ceremony with Phera's. Subsequently have a civil marriage under the special marriage act.
What are
a) the girls legal status after the civil marriage- whether she stands converted a Hindu or she can continue to maintain her earlier religion.
b)Is the law as per the Hindu marriage applicable to her or the later civil marriage
c) Does she have to have the civil marriage first, to maintain her Rights of her own community
Thanks for an early reply. Mehta
Rajan Subramanian.
27 October 2013 at 15:02
Dear Sir,
In my mother's name 1 house situated at Bodinayakanur,Tamilnadu.
She received the property from her mother duly registered in her name.
My father died before my marriage.
My mother also expired before 13 years.
My family consists of 2 elder brothers and 1 elder sister including me of total 4 members.
Before 15 years my second brother died and his wife received full and final settlement amount signed in agreement and left to her parents house.
Before 1 year my first brother also died and his wife and 2 daughters(Married), is now receiving the rent income from my mothers house property.
Now my first brothers wife planing to register my mothers house property to her 2 daughters.
Already my 2 brothers sold my fathers land 5 Acres ( self earned property ) and 1 Bungalow belongs to my mother ( gifted by my father ) and at the selling time they given very me-gar amount of RS.2500/-towards for travelling charges to me and my elder sister.
Further they are spreading rumors that she obtained a will from my mother in favor of the property to her 2 daughters.
To the above mentioned situation how can we myself and my elder sister claim our rights in our mothers property.
And also how to inform our rights in our mothers property to Sub-Registrars office at Bodinayakanur,Tamilnadu.
Please kindly requesting your Lawyers Club India to guide me and my elder sister to get our rightful share in our mothers property.
Thanking You,
Sincerely,
R.Rani
W/O.Rajan.
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