Manish Garg
09 September 2013 at 10:41
Hi, My wife has left home along with my son and has been residing at her mother's house. Last week, i went to meet my son to which wife's mother denied and warned me that she will call police n wont let me meet my son. On many request, i was able to meet my son. He was insisting to come with me but they again threatened for police action. He is only 3 years old.
We are still not divorced and this is 4th time she has left me like this to stay at her mother's house.
Please advise what should I do:
> To meet my son without any hassles
> Should i file for son's custody without filing for divorce
Thanks in advance for your help.
raahat
09 September 2013 at 05:19
Dear Experts
Please help me :
F (Muslim Father) have to wives A And B. A has 2 A1, A2 Sons both are major and B has 2 sons B1, B2 both are minor. A property was purchased in the name of A1 A2 and B1 B2. A1 A2 make the payment of their own but B1 B2 being minor made the payment by their mother as guardian. After some years of property purchasing third child born to B as B3. Now B1, B2, B3 are married. B3 got legaly seprated from her wife. The wife of B3 have 1 major and 2 minor sons from the B3. Now the question is as under :
1. Is the above said property be considered as ancestral property ?
2. The major son of B3 who is living with her mother seprately from his father claiming his share in the property is valid ?
3. Is there any share of B3 made in the said property ?
raahat
09 September 2013 at 05:12
Dear Experts.
Muslim Father (F) has 2 wives A and B. A has 2 sons A1 and A2 B too has 2 sons B1 and B2. A property was was purchased in the name of A1, A2, B1, B2. A1 and A2 are major and paid their share amount but B1 and B2 are minor their share amount was paid by their mother as gurdian. After some years third son B3 born. Now B1, B2, B3 are married but after some time B3 got divorce from his wife. B3 has a son who is major and living with his mother.
Now the Question are as follows :
1. Is the above said property wil b considered as ancestral property ?
2. Has B3 any right in the above said property ?
3. Has the son of B3 right to claim his share in the said property being considred as ancestral property ?
saravanan
08 September 2013 at 21:02
my wife filed a domestic violence complaint against me and also with my father & mother through district protection officer. The complaint filed in court and after some time, she simply withdraw the case by saying 'I wish to file another complaint, so I withdraw these complaint". After six month, for applying RCR, my advocate send one notice said that we are willing for reunion, come and join with my client. Suddenly, she file another domestic violence said that notice itself as domestic violence and join all previous matter and filed dV case against me and my family. So, how to proceed this. Kindly do the needful...
sahab singh
08 September 2013 at 20:51
i got married in jan 2008. my wife left my home july 2010 with her 6 month child.i tried my best but she din not aggree.later she filled a case in jhanssi family caurt for money saying that my husband leave me and my child.she has no brother and sister.now she is living with her parents.caurt orderd me to give her 5000/- monthly money.and case is yet under procces.later i also fill a divorce case in my distric caurt.but she did not agree to live with me and not to give divoce.later her loyer take stay on divoce case. now case is in stay in allahabad high caurt.i living alone for 3 years.please suggest me
sahab singh
08 September 2013 at 20:49
i got married in jan 2008. my wife left my home july 2010 with her 6 month child.i tried my best but she din not aggree.later she filled a case in jhanssi family caurt for money saying that my husband leave me and my child.she has no brother ans sister.now she is living with her parents.caurt orderd me to give her 5000/- monthly money.and case is yet under procces.later i also fill a divorce case in my distric caurt.but she did not agree to live with me and not to give divoce.later her loyer take stay on divoce case. now case is in stay in allahabad high caurt.i living alone for 3 years.please suggest me.
depressedbyall
08 September 2013 at 19:58
1. since two years we are leaving separately wife says she will think for mcd but no guarantee even if I first return her streedhan, what to do ?
2. while returning streedhan in mou notarized agreement sweetly can I mention that if in future husband goes for contested dv then she will not claim alimmony in any court of law?
or
in mou can I put clause that wife has to willfully support for mcd as she has received her streedhan which she had demanded from husband
3. she does not want to come ie is 200% sure hence after returning streedhan can I still send her rcr notice to get decree of divorce in my favour
4.since last 2 yesrs many ways , many mediators have tried to convince her for mcd but she says big no under any conditions whatever may be her heart deep desire but what is to be done by me.
depressedbyall
08 September 2013 at 19:57
1. since two years we are leaving separately wife says she will think for mcd but no guarantee even if I first return her streedhan, what to do ?
2. while returning streedhan in mou notarized agreement sweetly can I mention that if in future husband goes for contested dv then she will not claim alimmony in any court of law?
or
in mou can I put clause that wife has to willfully support for mcd as she has received her streedhan which she had demanded from husband
3. she does not want to come ie is 200% sure hence after returning streedhan can I still send her rcr notice to get decree of divorce in my favour
4.since last 2 yesrs many ways , many mediators have tried to convince her for mcd but she says big no under any conditions whatever may be her heart deep desire but what is to be done by me.
I am also attaching mou agreement please rectify if some changes required
galsober@yahoo.co.in
08 September 2013 at 19:50
Me & mother are respondents in DV case filed by wife. In IOs (sec23), she was denied RTR in the self purchased house of MIL (citing Batra judgment) by magistrate court. Main DV case is ongoing. While appeal filed by wife against IOs was pending at Sessions, she forcibly entered that very house. Parents lodged pvt complaint & wife got summoned in that case for house trespass. She remained holed up in that house for 2 months & then left it. Parents got Civil Injunction thereafter for this title house. Now MIL wants 2 get discharge/quash in DV case. What shud be best strategy:
Grounds are
1) RTR is the main relief standing against resp no:2, She has obtained Civil Injunction, judgment of a civil court is binding upon criminal court. So proceeding against resp no: 2 wil be abuse of process of law.
2) I have obtained a RTI reply too. Wife is govt employee. Child in my custody. Her deptt is giving her “house rent”. So plea is – when she is getting house rent from her deptt, how come she still ask for RTR.
3) In DIR, there are major flaws. She has left the columns blank- “date of incidence” “place of incidence" and “person committing DV”
Now what experts suggest plz:
1) Quash application u/s 482 at HC ?
2) Application in magistrate court u/s 227 or 239 (I donot know which applies) ?
3) Application in magistrate court for deletion of name of resp no: 2 under ‘change of circumstances’ (sec 25, I think) as title property now stands barred by civil court.
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Divorce
Hi Sir
wife put false 498A case and DV case for the past 2 years case is running.
What to do neither she want to rejoin nor divorce.