ANIL KUMAR 8867907494
14 February 2013 at 00:48
Dear friends , A lady divorce her husband and taken the custody of the child and marries another man, now what is the status of the child born to first husband ?
WHETHER SECOND HUSBAND WILL BE CONSIDERED AS FATHER OF THAT CHILD OR GUARDIAN
RAMJI
13 February 2013 at 23:56
In a case, community of husband is BACKWARD and his wife is from "Most Backward community. fortunately or unfortunately, wife took divorce and child is in her custody. After divorce, wife has applied for community certificate for child claiming MOST BACKWARD (I.E COMMUNITY OF MOTHER) without revealing fathers community and wife was signatory to the appln filed for minor child..... this happend without knowledge of husband, now husband has got this info thro RTI APPLn,, Questions are as below:
1. Legally, should follow community of father or its mother? irrespective of status of dad & mom...
2. Father feels that child's education /job may be affected if this mistake by wife is not corrected at this stage itself...father doesnt want the child to avail better reservation chances by telling wrong info...if at all community of father is to be followed as per law...
3.What action could be legally taken against wife who made false statement by hiding the community of dad of child?
4. any other views/suggestions pls
regards
ramji
hello good day
13 February 2013 at 19:52
hello,
good day.
married in feb.'11
my wife left me on 5th Dec.'2011, for no reason.
chances has she been a emotionally blackmailed by her parent because of conflict of ego with my parent.
now more than one (1) year has been passed.
in this period, they used GOEBBELS TRUTH.
this sunday [10-2-2013], they come to propose a mutual consent divorce. though they don't open their card yet, they do give slight ink link/idea of dire consequence if their demand/terms will not be fullfilled,
so, like to know in that case the intensity of 498-a as well DV case suppose they will file a case against me to give pressure to accept their filthy demand,
thank you to abridge my position in this scenario.
regards.
gautam.
[ gkmja@yahoo.com ]
eubuleus
13 February 2013 at 15:33
Dear Wise Counsel,
Seeking your views on the following.
My Scenario (provable):
0. Am an employee of an MNC in NCR, living alone.
1. Have been married for ~4 years to a central government employee (my wife) of fair rank,
2. Have an infant child,
3. Have had turbulences in marriage since after few months from marriage,
4. Have tried to instill confidence of my wife by:
(i) Making her a joint owner of the house me and my parents have been paying for, and
(ii) Asking her to join me in marriage counseling so that we are able to lead a healthy family life with mutual trust.
5. Have tried to play my traditional role as a family man by:
(i) Initiating efforts to upgrade my professional skills as soon as she was expecting,
(ii) Ensuring the best medical care for my wife and child during delivery, and
(iii) Paying ample maintenance every month since we have been living separately.
6. Have lived separately since last 3 months (after our last quarrel).
My Intent:
1. Ensuring the mental wellbeing of my child (and mine)! i interpret this as her RIGHT to have happy and loving parents.
2. Gain the trust of my wife and helping her have the same on me. Trust being intangible to define, this should necessitate prolonged monitoring of both of our conducts even after patch-up, if there is one (to filter out feigned compliances of either party – non provable past experiences are there).
3. Ensuring the right to decent and happy moments to everyone else related to us.
My Perception:
My spouse is a person emotionally dependent on her parents uni-dimensionally, and they only understand the language of power. They have been dictating our relation since before us getting married (provable). The parents' influence needs to be curbed with certainty for any real progress. i respect their right to be taken care of by their children, but object to their attempts to chalk out my marital life.
So, how do i:
1. Make my wife undergo counseling with me (so that we give the marriage and our child another chance),
2. Cut her communications with her parents (while ensuring that both parties are fully assured of each-others' well-being), or
3. If there is any other alternative to achieve my intent, how do i do that?
Thanks,
Eubuleus (pseudonym)
Delhi.
Anu
13 February 2013 at 14:55
Hi Experts,
I had posted a query asking for guidance on dowry harassment.
http://www.lawyersclubindia.com/experts/Dowry-case-filing-340486.asp
My husband now has filed DV on cruelty basis in his place.as soon as i got to know about this i filed RCR in my place. Now he is not taking notice of RCR case. n DV is in mediation stage. we are appearing for mediation in court his place. As I m working in other state n each time i need to travel a lot for these mediations, I m planning to take transfer to my place.
1. Please suggest what if dont appear for the mediation as m trying for transfer.
2. He filed DV just to escape from dowry harassment case, can i file dowry case now ?
3. If he is not appearing for RCR , can i get a court order to close DV ?
Kindly advice.
venkat
13 February 2013 at 13:49
Respected Members,
I recently filed divorce petition on the grounds of cruelty, she is not with me for the past 18 months. PLease enlighten me on the following points :
1. what are the steps in the process of the divorce, i mean after filing the petition steps involved up to hearings.
2. Regarding 498a/DV cases : presently there are is no case filed. But if she filed, what is the strength of the cases as they are filed after much delay and also after filing the divorce. Also there are no proofs for the same as nothing such sort of things happened. The main reason of the divorce is, she wants me to leave my parents and to transfer all the properties in her name.
PLease help me in this regard.
RAMJI
12 February 2013 at 23:04
Dear members
Here a case on crpc125. Wife got exparte divorce as prayed by her on cruelty/desertion. thereafter she file crpc 125 claiming maintenance for herself +child. Husband filed counter against MC,wife filed proof affidavit and enquiry is yet to start next month. YEsterday, husband managed to get a proof reg PREVIOUS EMPLOYMENT OF WIFE AS TEACHER IN A PRIVATE SCHOOL AND THAT TOO WHEN SHE WAS IN JOB on date of filing CRPC125, just after filing crpc, wife resigned the job. As it was not known to him when he filed counter, he was not countering her unemployment..... now he got proof as said above... under these circumstances, questions are as below:
1. Can husband file a addl/supplementary counter enclosing the newly got proof of her employment when she filed MC?
OR
2. Is it good to file it as an I.A or memo to reject the MC case...
3. should husband submit to court during cross exam?
4.any other views /advises pls
REgards
RAMJI
fedupAlot....
12 February 2013 at 20:16
My marraige 1yr old, due to my inlaws and husband cruelty i have filed 498a case against them ,also i have prrof too.I just filed the case ,since then my husband is sending me sms calls to come back not forever but for 2days .I like him thus got married to him, but dint see the same.Just saw his cruelty all the time. I dont know what to reply him. it seems he is playing game but onthe other hand some part of heart emotionally wants to be with him. Need advice.
mansi
12 February 2013 at 16:45
I was married on May 2006 and in March 2006 I applied for a property in an housing co-operative society and also taken two loans to pay my 2 installment and in Jan 2013 i got my property registerded with my savings of 4,20,000 and total property cost was 13,80,000 (40*60 site) and my loan amount is 9,60,000. Since my day of marriage is husband is not good to me but some how manage to spend 15days and he left me and returned after a week. As i leaved with my partents he is on and off (like 15days he will come home and later pickup fight and never returns for 15days some time for month) and finally he left home on Jan 2008 and my son was born on Jun 2008 after that he was back on July 2008 and again left my son and me on August 2008 when my parents deined to register the property as dowry to him. till date he is unseen and more over is a lectures in a college what legal action should i take. Seeking your kind guidelines as am silent he is taking for granted and demanding money from me and my parents and another point. Am working in an MNC since 2006.
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Live - in
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