Mr.Kumar
16 October 2013 at 14:31
Hi,
I and my wife are in relation since last 9 years and have a kid of 6yrs, Its a love marriage. Around a year back my wife along with my son came to her fathers place after coming to her fathers place he called me there and told that I will not come back after listening to her I tried to convince her to come back but she denied. I even took my parents , my relatives and I myself went to solve the Issue to her place. in the month of march-13 she told my parents that I have lodge a divorce case. but till now I have not received any samon. I had received on a Maintenance notice but i received the notice after the date was gone and also the signature on the notice was not her but was singed by someone else on her behalf. we also have a house on joint name.which was taken 3 yrs ago.I have many times written a letter to her father to help me in this matter but he says that this decision is of her and and the marriage was done without our concern so I wont be able to help in this matter. even I have approached to women commission to save my matrimonial life. but the actual scenario is that after my wife gone to her fathers place in the month of feb we received my wife telephone call details in which there was many calls made to a particular number at odd time at night and day also. but number was not on her name the number was provided to her by her company she worked for. her profession was a teaching profession and was working for a reputed teaching Institute but she left her teaching life and joined a travels Job on which i opposed but she didn't paid attention to me. here she worked for 3 months and then went to her fathers place with my son.Now what I believe that she was sacred that some day is the call details are out I will be answerable to everyone. That's the reason she quietly planned to move from her matrimonial house to her father place and also the person who was working in the same organisation is absconding since then. but Insipte of all this I love my wife very much and want her back and want to settle the matter. but she is not ready to face me or my family members. we also came to know that the case filled by her previously was taken back and after the hearing of women commission she again filled a fresh case.
when I talk to her she said that,her concerned was my family life style and family culture which she don't like and my limited earning as she don't find any future with me. Please suggest me as I don't want to give her divorce.
Reshmi
16 October 2013 at 11:01
Dear experts,as per the court order my husband is not paying me interim maintenance is saying that he will only maintain me on one condition if i stay with him.is there any way.i am not interested in staying with him in his place.can i have the right to tell him that i only stay with him on a condition if he stay with me in my place.pls guide me
asmita0009
15 October 2013 at 20:56
1 case 1 (DV case) : Since last 2 years my DV case is going on in Vaddoara. When this case was filled Hon Judge had given me the promise to keep pations as he will try to finish my case as soon as possible , so, i should have to avoid the demand of maintence. I was became agree for the same. Then due to some personal reasons my advocate was shifted in other city without giving proper information to me.
2 case 2 : Actually i am staying in gujarat since last 40 years and done simple marrige at Mumbai where my Husband is staying. My most of the relatives are statying at Mumbai and nearby areas. After marraige i came to Mumbai at my matrimonial Home. But then my husband had started mental harrassment and send back to me at Vadodara. Then i went to Mumbai and taken help of NGo as my Husband was there and my most of the relatives who were the mediator of this marrige where staying there. Then i had sent legal notice through advocate to my Husband, that if he will not call back to me then i will file case of Domestic violence act or section 498. But my advocate was careless and done unnecessary late to file the divorce case and waited for reply of notice . So, just FEW DAYS before FILING my case under section 18 HMP , my husband had filed case from in Mumbai for marraige NUll and voide giving reason that before marraige i had taken psychitric treatment for Axiety and i am not able to procure child. Then on juridiction ground this case was rejected by Hon Vadodara court.
3) case 3 : Then My husband had filed case for marrige Null and voide which is going on since last 4 years at Mumbai . court had given me very nominal amount as maintence which is also not deposited by my husnband regularly and my travelling expenses for attend his case i have to bear expenses. All my jwellary , cloths given to me by my parents is in custody of my husband. When i had drawed attention to the judge they said your advocate should do the work on it and Advocate has verious options. The court is not ready to give order to my husband to pay me maintence in advance. Three times i had filed RD for maintence due. Moreover when i told Hon judge that if my Husband will not give me travelling exp i will not attend his case. The judge told that if you will not ccome you that will be your loss.Please note i have not claim legal expenses for my any of the case.
All my jwellary , cloths given to me by my parents is in custody of my husband. My husband is not ready for mutual divoce by giving componsassion to me or could not prove his allegations or submitt avidances that my Anxiety problem is serious and i am not able to procure child. Kindly note i had done late marraige at the age of 36 due to some social problems and with in 40 days he sent me back to my parents home.
So, in all above matter please give me proper guidance, what i can do?
Member (Account Deleted)
15 October 2013 at 18:59
Respected Adv,
I had 3 dates consecutively say 10, 11 and 12. Judge asked us on 10 to submit all proofs by 11. I was unable to submit single proof on 11 but submit few proofs on 12. Now I want to submit rest of the proofs which are approximately 70 pages.
I moved application for 1 week time on 11. Then again moved application for time on 12 also.
Will I allowed to submit my proofs.
Karthik
15 October 2013 at 17:32
I got married before 3 months, (after engagement she talked happily over the phone and we had a good relationship)we lived happily only for 15 days after that she went to her home for Aashad(Aadi month) for one month to her home and stayed there, during that time there family changed her mind set that if you go for child with your husband we cannot settle our home loan which was around 7 lakhs and your sisters also studying, tell strictly your husband that i wouldnt go for child for next 2 years and she hide all this and says me if you come near you should wear protection and come, at that time we both put fight in this issue and she told i want to go for higher pg studies(classes from sat,sun, mon rest of that day she is searching for job, i told stay with me in bangalore and in chennai for 3 days in hostel, but she told i cant roam from here to here, and dont involve in my freedom and rights i will go for any jobs on tuesday to friday, you dont have any rights to stop that) but i told her leave with me for 1 or 2 year and get one child and later you can go but she argued with me and she wins in that(because i got fed up and left in her own way), during this fight when i went to visit her home they dont invite me and they dont even give me water, she is not ready to accept my money and she is studying in her father money when i given my atm card also she hasnt taken even single rupee as of now and she told i wont give you a single rupee for next 15 years after my studies( i told i dont want your money i will survive on my own leg)i will give it only to my family and i wont go for child with you like that and all and she went when i went and met her she is avoiding me and saying to her parents that this guy is coming to meet me only for sex, Moreover during her holidays she needs to come to my home but she is going to her home which is 20km from my home and ask me to pick her in her home, her father is blackmiling me saying that i will take your head and you cant keep in your leg in ur native and then how come i can go to her home. Can i file a case against her father for blackmailing me that i will murder you like that.
My father is sick and he is hospitalised after my marriage. We didnt demand for any dowry like gold or bike or car, whatever they puts for her we accepted
Her whole family is against me and bluffing in my life.
When informed her about my dad is hospitalised she told "why i want to come and meet your father" and her parents also might be knowing it from her(i didnt inform her parents)
She is not ready to give me a clear reason over the phone and in person about our future life.
So what i can do to go for divorce within 1 year.
Shall i send any notice to their family.
Member (Account Deleted)
15 October 2013 at 15:41
Wife filed for rcr 2008 (pending final argument) no mantainence payed, but now he says he is ready to accept wife after denying all these years. Divorce filed by cunning husband in same court.
Need urgent help no help from our adv..
Boy_Hindu
15 October 2013 at 14:15
Dear respected lawyers/advisors, I am glad to have found this forum at my times of need.
I am married for 3 years, with a 2 year old girl child. My wife's behaviour from the time of marriage has been unacceptable and very sadistic. She gets into mood swings very frequently, and has never given us an opportunity for a happy family life. For the first year we lived in my father's house. She started quarrelling often and she hated everybody in my family. She instilled havoc into the peaceful living of my family. Over a period of time she demanded a separate residence. I therefore rented a separate residence 30 km from our house. It became very evident that she is unable to take up the daily activities of cooking and maintaining the house and the child. She has never gone to work but is a BE graduate. She stayed with me along with the child only for two months in my rented house and then left back to her parents house complaining of loneliness when I am away at work!
It has been six months since she along with the child left me to stay alone. Her father who had observed the anger problems with her took her to a psychotherapist (I had no role to play in this) and she is said to be suffering from Bipolar disease / extreme anger / Obsessive compulsion problems. The doctor put her on psychiatric medications and she has been visiting the doctor ever since she left me. Even though the doctor is instructing her to join me in my house, she is refusing to do so. She is not ready for a divorce. Even though I can wait for some more time for the sake of my loved child, there are newer problems that have arisen. She is demanding that she has the right to stay in my father's house (since she is the daughter-in-law) and she wants to bring up the child in my father's house. Whenever we try to convince her, she abuses my father and there are many incidents where she enters into my father's house with the child and she spends three to four days before returning to her parents. The situation in my father's place has become very sadistic, since she quarrels with my parents and abuses them. She also pathetically treats the child in order to hurt our feelings. There is no peace and calm in my father's place whenever my wife stays there.
I request your guidance in the following questions:
About my father's property: My grandfather had purchased a house (acquired). After his death, my father along with his two elderly sisters were the legal heirs. My father got
release deeds from his sisters after paying them legally. My father recently got the old house demolished and built a new house in the same place. The property is in his name.
1) My wife demands that she has a right in my father's house. She says she can enter the house anytime and stay there for however long she wants. Whether or not my father's property is self-acquired or ancestral or inherited (I am not sure what category it falls under ) can she demand residence/shelter in that house (even when the husband has rented a separate house)?
2) My wife claims that since the child has rights in my father's property, she along with the child will stay in my father's house and bring up the child. Is this claim legal?
Can she reside there if the child has rights?
3) Can I or my father bring a Stay order from court to not allow her into my father's house? If so, on what grounds should we bring a Stay?
4) If I go for a contested divorce, after serving the notice to her, can she still enter into my father's house and reside there until the Judgement is passed?
I thank everyone for their helpful advice/suggestions.
prakash
15 October 2013 at 11:38
Dear sir
my father brother has planning to make a will of his share of 2 acres of land to his wife and to far a daughter,still the partition suit is pending in the court,her wife has filed a case for monthly compensation of 10,000rs,my father brother and his wife living seperatly past from 45 yrs without divorce ,he his not having the money to file,nor he not able to travel,what to do sir.plz advise
Ramkrishna
15 October 2013 at 01:18
Sir, My wife who owns the house we reside after an altercation with my younger son has asked to leave me from the house for some time, she is not treating me properly, she never makes me breakfast, and the lunch also is meagre, I have been paying for the expenses of the houses, as both my sons are living with us I asked them to share the responsibility of running the house, they have been drawing much more salary than me but they use it for extravagant purpose. Now for the past two months I am living at my fathers place, recently my mother in law called up asking for details of my property, Some time ago my wife filed a dowry harassment case against me and my mother and also for a share in the property by giving false data to the court, finally the judge gave an judgment against them and asked her to join me and stay, even after two years of the judgment she did not join me and I finally approached the family court and put in restitution of conjugal rights, after that only she joined me and bought a house and we started living together, but she has always been mistreating me, she brought in her sister daughter to stay with us for her education and job purpose and latter she brought in her brothers daughter for the same purpose and there was never privacy in house. Now she has asked me to get out of the house, some of our neighbours argued with her that it is not proper to do so, but she was vehement and I left the place.
Should I still pay for the house expense, she has her own source of income.
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Call recording
My wife left my home only after one month of marriage on 27 dec 2012. When she left my home she forget her mobile. I heard her last two calls she made on 26th dec. One is with her boyfriend. I made the cd of her conversation but unfortunately that call is now not in her mobile as this is incident of 10 months ago ( calls overridden).
Can I use CD as evidence?