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dk singh   19 August 2013 at 00:54

Divorce

sir i am serving with defence last year my brother was murdered by my friend my wife was also involved in that both are charged with 302 504 506 of ipc since my wife has adultery relationship with my friend i have filled for divorce from my wife on adultery grounds both cases are under progress under court will i have to pay any alimony or maintenance allowance to my wife after divorce we have been married for last 16 years she is graduate and not working we have three children and all are jiving with my mother. presently my wife is in district jail barabanki (UP)

Member (Account Deleted)   19 August 2013 at 00:04

Opposition from girl's parents for love marrriage

Hi Experts,
I am a Consultant residing in Mumbai. For the last 7 years, I have been in a relationship with a girl. It was all pinky and rosy until we decided to approach our respective parents to fix our wedding. There is no problem in our match. Same Caste, Same Community, Same Class. I earn pretty well enough to support even a family of 6. My parents readily agreed, given they thought the girl as a perfect match for me and them too. And being a guy raised in a free and forward thinking cultured home, We are against dowry and give equal respect and rights to ladies too.

Then we approached her parents and thats when all the trouble started. They are People who are still living in the stone age and who control each and every aspect of their kids lives. Naturally, her daughter crossing their "line" did not agree with them. They grew very angry and promptly rejected me and asked her to give up on me. Then they started a vicious cycle of mentally torturing her, threatening her, blackmailing her, scaring her, forcing her to marry a guy of their choice. I have tried all this time to appeal to their better nature.

But some days ago, they crossed all limits when we went to their house to discuss and close this with complete intimation of the same. But her parents did not even have the basic courtesy to entertain us or stay at home itself. If that was not enough, I do not even know what they did to her after we left. But she got all frustrated out and asked me to discontinue all communication with her and that she feels like committing suicide.


Now my dear experts, I am aware of my rights under the Constitution Article 21 - Freedom of Life & Liberty. And also of the respective Supreme Court judgement's interpretation of the same.
Ex:
http://indianhomemaker.wordpress.com/2009/05/22/marry-or-live-with-anyone-of-your-choice/


1.) Can I build a case on the same? Breach of SC judgement? Denial of Rights?
2.) Will this be a Civil or Criminal case?
3.) Does this come under the abetment of Suicide? if not, what else?
4.) Does the forcing with other guy by coercion count as Extortion on the basis of Grievous hurt?
5.) I have been threatened for my life too. What can be done of that?

Any other observations and legal help is appreciated. Thank You.

- A frustrated Indian Brother.

K.Vijayalakshmi   18 August 2013 at 22:59

Leagal heir

I am nominee to my late father's fixed deposits. I have three more brothers. I wish to file IT returns to claim TDS in respect of his deposits. IT department says they need legal heir certificate. Being the nominee of the deposits, how can I get the legal heir certificate for myself when we are four children? What should I do to claim TDS from IT Department.

chandan goyal   18 August 2013 at 20:13

In case of ghar jmai divorce case

pls tell me in case of ghar jmai if gir wants to be divorce within two mounths then what would boy have to done

Rakesh Kumar   18 August 2013 at 15:25

Total false dv

Dear Learned Experts,
My divorce case is already in process since Sep 2012 on grounds of Adultery & cruelty by wife. In June 2013 she has done Total false DV case. I will be shortly filing my reply in DV along with docs/proofs good enough to prove firstly her adultery, secondly her negligence & cruelty towards children(7 & 3 yr) & also her violent nature.

Query is that she has just submitted application in DV case for seperate residence for her & children. I have all school, medical & other daily routine docs of children to prove that i am only looking after the children along with their grandmother. Elder child can also tell court that they don't want to stay with mother & also confirm other facts. My wife says if I don't pay her Big Amount to settle all cases she will run away with children & prolong divorce case. I dont want to spoil future of children with this talk of the town adulterous & cruel lady. Please advice what can be done & whether DV court can allow to take children with her now or later.

false_case_victim   18 August 2013 at 14:37

Exparte benefit given to wife. need your help

I have a question regarding Ex-parte in Divorce

Husband given legal notice to his Wife asking for mutual divorce.
Wife didn't respond to it.
Despite giving response to his husband's divorce legal notice,

After 4 months, Wife filed a Divorce asking for 50 laks of alimony.
and husband received court Summons.

As the Husband is blindly dependent on his Divorce lawyer, didn't attend the court for 3 times and 4th time when husband has attended the court, hiswife is benefited with Ex parte.

Judge has not accepted for set aside petition filed by husband's lawyer nor his requests/explanations.

In this regard , Can you tell me what would be the next steps to do by my friend or his lawyer?

And what bout the alimony part?

Kindly help Sirs.

KUSUM   18 August 2013 at 13:45

Seeking help for my sister

My sister was married to lucknow based CA in Apr 2012, everything was going well but after 2 month somewhere in June\'12 end, my sister was abused by her mother in law and my jiju sisters in his absence. they started all these things on daily basis but in his absence only. one day my sister had fever and my father called her in night for her health. but her inlaws starts saying thats your father didn\'t call u thts call was of your male friend etc n feed the same to her husband. and her in laws all the time ask for more sareees gifts etc. infacts i have some recording also in which her inlaws abuse her. her husband also not in her favor. he is completely in his mother or sister\'s favor and never tried to Liston his wife and never picked up his phone, she is is depression frm last 7-8 months. so now she is with us and taking medical tablets to recover from depression. we have already spend 17-18 lacs in her marriage my father is retired we are middle class family. so please suggest me something so that she can live happily with her husband. Because of all this things my parents are also in depression. I want to write more details but everything is not possible to write.

Akshaya Kumar Sahoo   18 August 2013 at 12:55

Family harrasment

According to the Hindu Marriage Law section 9
if the daughter in law is being tortured/harassed by husband and in-laws she can return to her paternal home and apply for legal help, wherein the court shall question the accuse as to why they are doing so and as to why should they not be prosecuted. In a parallel case which act would be applicable to a Muslim lady.

Kumar Krishan Agarwal Advocate   17 August 2013 at 21:41

What remedies for wife in mohammadan law ?

My Learned Friends!

I got a client case where the muslim man has married to three woman in his life time and still he is alive. The second wife not getting any maintenance from her husband and he is also not giving any sustainable monthly allowance to her two major children. The second wife wants legal right for herself and for her major two children?

Q1. What the legal action in law may provide to teach a lesson to her husband for preventing one after another marriage and doing cheating to many muslim women in name of marriage to them?

Q2. What the property rights a muslim woman can get in law from her husband when he has deserted her and living with another woman?

Q3. What the other legal remedies I may seek from court may benefit to her to get her full regal rights for her and for her children under law from this type of womaniser dirty man?




saraswatik   17 August 2013 at 16:45

Divorce case

Respected legal memebers, pls advice me in following case..
My friend (Yamini) married at end of May 2013 to Zamil Since from 3rd day her mother in law tourtures her mentally and by saying some wrong words to her each day. There r frequent quarrels with her. As well my friend (Yaminni)told all this to her husband(Zamil), but he said mother is law is right, u hv to listen to ur mother in law. (Yamini)She also noticed that her husband mostly talked about one of his female friend(Meeta) frequently. When they went out for picnic for half month. (Yamini) She also noticed so many things about them such as taking care of each other, appreciating each other etc. Also that female friend(Meeta) hates her husband and also insults him in public. So Yamini asked to her husband( Zamil ), what is this ?
So (Zamil) husband told to Yamini that that Meeta's husband is not good and he quarrles with her. Zamil has habit of sending sms to all. So zamil used to send sms to Meeta his friend and her colleg going daughter. So Meeta's husband got supected on Zamil and they got quarrel on this. But Zamil said that sms is in ur wife's box and ur daughters also. So y u r quarrellying with me etc. So Meeta's huband said sorry to Zamil.Zamil also told Yamini that he used to go Meeta house when her husband is not in house ...
But Yamini got suspected on their behaviour. One day meeta called zamil and yamini for lunch when her husband was not there. Yamini dont went as she was bz onthat day. But Zamil went alone without telling Yamini. But Yamini got caught him after calling on him on cell and she recorded that he went to Meeta when her husband was not in house and she recroded all the call. Yamini suspect that there is something which her husband hiding from her. So what proof she should gathered against them ? As on date she has only 1 call record of her husband Zamil.If Yamini want divorce , what steps she should take ? Her marriage is just 2and half months old only. Will be she eligible for settlement money ?