PAVAN KUMAR AKA
24 September 2013 at 15:53
Sec.125 CrPC provides right of seeking maintenance even by an illegitimate wife,son,daughter etc.
Now can a lady, who lead life of cohabitance as wife (may be termed as illegitimate wife-illegal intimacy) can file DIVORCE. IF so, please let me know the rule position along with any citations please.
kalpanagupta
24 September 2013 at 11:56
sir i am married in 2008. after 3 yr. i blessed with a son child. but after the birth of my son, from last 2 yr we lived separate.
i want to go to my in laws house but they are not accept me they want only their grand son.
sir i no marriage certificate,no proof,not even my cloths my jewelry all with me.
i have only the birth certificate of my son with me.
sir what should i do
i want to live with my husband.
i am govt servant. and working out of the city.
my husband work in the city.
my condition is at this time i am not even meet to husband. and he is not ready to talk to me.even he is not concern for his son also.
plz rply soon
Rajkumar
23 September 2013 at 16:14
Hello Members,
I am looking for a divorce from my wife.
My name Raju, working in one of the MNC company, last year I married to girl from small town who has discontinued her 12th std studies, I had plan to resume her studies not to get her a job but I wanted her to do at least a degree.
Initially she didn't agreed, but I explained all the benefits/uses if she completes her degree.
First of all I love her very much. more than my self.
She was not much compatible with me & my family members, she used to refuse for things which my family members want to do.
ex. we do attend our relatives weddings, functions etc. but she used to refuse to come with us, she was staying alone.
One day I asked her to study 1mark 5 questions, I gave 2 hours, after that I asked the n's but she didn't answered, I brought a small stick & placed on the table. I didn't beat her.
But she threatened me that if I would beat her, she would do anything, I got very angry, I beat her with the stick to her legs, two strips.
I gave one more hour to read & answer the Qn's & I went outside to buy some books which asked.
by the time I returned home, she complained to her mom & her mom complained to all of our relatives.
The next day she called my mom & scolding everyone at home with vulgar language, threating that will going to complain to police jail all of us.
I beat her not that she has not answered my Qn's
But she threatened me & I got angry & I beat her.
My mom very much herted & iam unable to digest those foul language that mom has spoken to us.
I can't fight like for such small problems all through my life, I just want get out of this relation.
This looks very minute problem, but It has injured all my family members.
I don't want to continue with her.
reji rapheal
23 September 2013 at 15:34
Hi,
I have a query on the divorce and it will be great if anyone can suggest on this.
I am Christian married hindu Brahmin 8 yrs back and we married once in church and temple. We have never registered our marriage, but I think all church marriages are registered.
Now, we have a kid and want to apply for divorce. we have not been living together and want to apply for mutual divorce.
I want clarity on following thins.
1. Suggest how to proceed as it involves two marriage acts
2. I have two property and both are in joint name eventhough its paid by me.
3. I want to give alumini to my kid, but my wife is earning decent and not insisting on the same. I want this to be on my discretion.
4. Please let me know if there is any other complications in our divorce
A good lawyer help is appreciated within reasonable fees as its a mutual divorce.
Ankita
23 September 2013 at 14:33
Actually one of my friend get married in the age of 18 yrs(Bal vivah)at that time age of the girl was 16 yrs.after 6 yrs his parents bring her from her home but my friend never live with her she is living with his parents.From last 1 yr he is not talking with her even he is not in the relation with her now he wants divorce but his family is pressure him not to give divorce and by force they are trying to send that girl for stay with him now what legally he can take action which is favour for him he is in frustration now.please suggest something which he can do for divorce.
Priyanka
23 September 2013 at 13:16
my brother get an ex parte decree of divorce and appeal time has been passed. He got marry after expiration of appeal time but know his ex-wife filed an appeal could it may void the second marriage and can it may charge my brother from the charge of bigamy.
Arvind Singh Chauhan
22 September 2013 at 22:09
Sir,
Please guide, whether, Minor children, who's father is not alive may ask maintenance from her step mother, who is receiving family pension of her father and have left them alone. Under 125 Cr.P.C. or other provision ?
Please refer citation if any .
Regards
Raj
22 September 2013 at 20:16
Dear seasoned fellows,
Request you to please help me as my wife has made my life miserable.
Got married in 2004, have two kifs(boys),she is working in pvt school.
She is completely interested in her parents only and just talk to my mother on festival,otherwise she has no thought about my family.
She lives with me in other town away from parents and in laws place.
SHE FILED FALSE DOWRY CASE AGAINST ME AND FAMILY MEMBERS ,AND WE GOT MUTUAL SETTLEMENT AND TOOK BACK HER WITH ME .
SHE SENT ME TWO ADVOCATE LETTERS EARLIER ALSO ,THAT TIME ALSO WE DISCUSSED MUTUALLY ANT TRIED TO RESOLVE THE DIFFERENCES.
NOW SHE IS THREATENING ME FOR DIVORCE AND HARASSES ME.
I M ONLY SON OF MY PARENTS,HAVE RESPONSIBILITY OF THEIRS TOO,BUT SINCE RELATIONS ARE STRAINED,I CANT LIVE WITH MY PARENTS BECAUSE OF HER.
KINDLY ADVISE ME TO HOW TO HANDLE SUCH SITUATION ,ACTUALLY HER BEHAVIOUR IS SUCH THAT SHOWS SHE WOULD GO FOR DIVORCE ULTIMATELY.
I M JUST PASSING MY DAYS WITHOUT ANY SECURE FUTURE ,SINCE THERE IS HUGE UNCERTAINTY OF HERS.MY KIDS 5 & 6 YEARS OLD ARE ALSO INCLINED TOWARDS MY IN LAWS.
KINDLY ADVICE WAY FORWARD AND PRECAUTIONS TO HANDLE SUCH ARROGANT WIFE WHO IS COMPLETELY INFLUENCED BY HER PARENTS.
REGARDS,
RAJ SHARMA
rajkumar
22 September 2013 at 17:23
Good Evening Experts,
Request you to read my case patiently and please advise on my case ( its a 30 years story).
I am raj, 32 years old. I am first wife's son of my father. My father married another woman when am in age of 3 years and he went away with that woman.
At that time he has property of 4 acres which came from my grand father( father's father), my mother approached court at my child hood, the local court & high court also awarded half share (2 acres) and my mother filed another suit for maintenance then the lock adhalat given another 2 acres to my mother as a settlement (this happened after 25 years of case running in courts). Till then (around 20 years) he hold the land and taking crop on that with his money and man power.
After court decision court commissioner handovered the 4 acres land to us about 5 years back,its in our control now. My mother is not much educated so she did not took any other step further.
My mother & myself suffered a lot for my education and other things, i grew up and completed my Post Graduation and now earning sufficient money to lead a good life after 25 years struggle.
My mother not took any divorce or any agreement of like that.
Meanwhile my father also became very very rich and became a small political leader in a small city in Andhra Pradesh.
I collected all of his property details with documents,but none of those contains with his name, All the land & buildings cash etc are with his second wife's name and his 2 daughter's name, both 2 children (girls) got married recently, and the documents stating all the property was gifted by someone to his 2nd wife & children (like 2nd wife's father , daughter's uncle..etc).
He took all the precautions in terms of property. Now all of them leading a superb life.
Now my concern is can we still approach court for any case on my father & his second wife, or on his properties.
But i thought it is so late to us as its been 30 years the issue happened.
Please advice for my further steps on my father, frankly asking what all are the possibilities to take action on my father & his second wife (as many as possible), he should suffer as we suffered 25 years in life.
Now my self also can spend money to challenge him legally,i want all the legal possiblities.
If he took any steps illegally, like threatening us or try to kill us what steps i have to follow (please advise).
Thanking you all for reading my long story.
Thanks in advance for your replies.
RajKumar
AndhraPradesh
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Thinking about divorce
Hi,
I am 26 year old Men, working in Delhi. I got married this year in January 22. Let me explain some ground here.
We gt engaged on 27 June 2012, as she was doing Btech at that time, I never disturbed her by calling her again and again, so we used to talk in 3-4 days and that too for 5 minutes. I know the family from many years, and in there family, girls are not allowed to talk with boys, kind of typical Indian Family. So I undertstd the fact, and at that time, I accepted that she will take some time to get involved.
At the time of marriage, I asked her about Honeymoon, but she said, she has to appear for GATE-2013 and she is not ready for any physical relationship, so we cancelled the honeymoon, after 4 days of her marriage, she left for her college hostel, to complete her engineering. Problem started, when she stopped answering my call, I asked her why and she said, that in her college no one knows that she is married. So being an engineer, I understand that how it feels like. So she used to call me sometime, once in a week.
In June she shifted to my home place, I decided to leave her with family to spend some time with them, and I will bring her with me, but on every weekend, I used to visit my home, but we didn't get involve in any physical relation. We started fighting, as she was not understand me, not even ready to listen things. I asked her many time, even before the marriage, if she had a boyfriend or any other things, but she refused, and I know this is correct.
Later in July, she shifted to me in delhi, and after 2 days, she was ill, so dropped her to her brother's place, as no one here to look after for her, I use to visit there daily, but she never shows any interest, I tried to discuss with her, what is the issue, but she never discuss anything. I asked her parents to get involved, but no result. She said that she want more time, till may 2014, to prepare her mind, and shifted to a hostel, to complete her coaching for gate-2014. I made this admission so that she can continue her studies, but I was not ready to pay for hostel, as it was an extra burden, which I could not afford.
It's being a month now, and she has not called, not replying to messages, not picking my calls, her parents are not calling me either, they are afraid with a fact, that she might take some wrong steps, if forced to come back. I think, I have given sufficient time to prepare her mind, but I cannot afford any more time. I know she is running from the relationship. I tried to convince her to meet a counseller, she is not ready.
So I am thinking to free her as she is more concern about her career, I could have helped her, but she don't want my help. My family is tense, as from last 2 month, her parents are not ready to meet, or talk.
Any suggestion Please.
-----------------Update--------------------------
Hi Everyone, Thanks for your suggestions.
I filed section 9 on 3rd January 2014, and on 3rd July 2014, court ordered Ex-Party, as they did not appear in court for 4 continues dates. Till now they have not filed any FIR or case or anything against me. They asked for some amount for settlement, I was ready to pay, but they were asking to submit money in their account and then they will sign the paper. I declined it, after discussing it with my lawyer and going through some discussion on this site
Now can somebody help me to understand, what exactly is this Ex party and what will will happen next. Do I have a strong case, or any idea how long will it take to complete.
Thanks for your help till now.
Regards