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Anonymous   16 April 2022 at 19:35

Wife not studying for competitive exams

We had arrange marriage for 9 months. I am engineer from good govt. university. Working in Public sector. My wife is MA B.ed, 27 yrs. No job experience, average student, studied in Hindi medium. I wanted to prepare her for SSC like exam. Where Maths , Science, Computers , english n Arts subjects are learned n it could benefit her personality as well. But she has submitted to police that I pressurise her to study and I don't give her maintenance. But I only wish her to study so that she could make best use of opportunities, we could be more compatible and already I am taking care of expenses as and when required or buying clothes etc. freely for studies. Now girl n family threatening me to file Dowry case for one casual remark, if I file for divorce. Both of our parents with old thinking are interfering alot for society sake. Girl yields to what her family says.
I wish to file for divorce for non-compatibility, without maintenance.

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Rama Kanth   15 April 2022 at 20:02

Can muslm married man marry hindu widow women

Can a Muslim Married Man who is having living wife and 4 children marry Hindu Women Widow.
1. Muslim man donot want to go to Divorce with his wife but says that Muslim religion permit 4 wifes so can be marry hindu women widow?
2. Can Hindu Women converts to Islam and then marry muslim man?
3. Hindu women has 2 child and few properties on her name and her late husband ? what are the impacts on such properties if she married muslim man?
4. Any alternate way to get the marriage done between muslim men and hindu widow?
5. Legality on such marriage?

Thanks
Ramakanth
Student - LLM

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Anonymous   07 March 2022 at 10:04

Conjugal rights

Hi all,
I got married 3 months back, and after a month of our marriage, my wife moved to another country for her studies. It was told to me before our marriage only as she had taken up admission back in 2020 but due to COVID, the sessions were not taking place, this being a 2 Months DIPLOMA COURSE in MAKE-UP. While in India she has her own Salon Business too, which even though was in existence since 2019 wasn't doing great due to COVID related crisis. Now, the thing is I am a MBA and I had forwarded my help in Marketing and Sales related issues for her business, which she duly declined (it being her own business I also complied to the same). My wife had no intention before to sell her business, but pretty recently she had expressed to sell off her business and move out of India to settle and work in UK (which she got from her college where she got a placement opportunity). All this being said, she had not told or discussed with me nor does she want to talk to me regarding this. This just being 3 months into our marriage. She had pre-planned her studies hence it was not within my rights or her's to talk about it, but now with her plan to just take up a job without even discussing it is somewhat not within my conjugal rights, I would quote some,
Under section 13 of the Act, cruelty and desertion are grounds for divorce. These are grounds for judicial separation as well. In cases where the wives' employment at places other than the husbands' place of residence and job has led to marital disharmony thereby leading the husband to file petition for restitution or divorce, the issues raised have been:
(a) does the wife's withdrawal from the husband's society to pursue her job, "without reasonable excuse", entitles him to a decree of restitution of conjugal rights against her?
(b) does it constitute 'desertion' within the meaning of section 13 so as to entitle the husband to a decree for judicial separation or divorce?
(c) is such a wife guilty of cruelty to her husband, under section13, thereby entitling him to seek judicial separation or divorce?
In one such case, viz- Gaya Prasad v. Bhagwati ,AIR 1966 MP 21, case, the trial court had conceded the wife's right as it was necessary for her to work because of financial circumstances, since the nature of her job required her to stay at a place different from her husbands' it could not be said that she had unreasonably withdrawn from the society of her husband, according to the trial court. On appeal against this by the husband, the order was reversed and the high court held:
Merely on the ground that the husband has small income and the wife if she is allowed to serve at a place away from the marital home can substantially augment the family income, cannot be held to be a sufficient reason to deny the wife's society to the husband. Nothing in Hindu law warrants the adoption of such a course.

In continuation, in my case my wife has herself chosen to work outside after selling her business without even trying to consult me on this while I am left in the dark and deprived of any conjugal rights, also I have forwarded my own help in terms of my knowledge to help her but she refused to do so and without consulting has taken up the job, while I may not have a very high salary but is enough to take care of her, while she reasons that she doesnt want to stay with my family nor does she want to leave all her lifestyle.

LCI members, can anyone guide if I can seek to revoke her passport against violation of my conjugal rights.
P.S. - I am not taking up any case against her as of now.

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shivani   06 March 2022 at 16:42

Stay application

What is the meaning of
" stay is granted till further orders" ?

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Anonymous   05 March 2022 at 12:47

False 498a, dp 3/4, crpc 125

Sir i am from Patna facing the above mentioned case against me i am a gov.servant living in Mumbai. Please suggest me any good and reliable advocate in Patna
Regards.

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SAURABH KUMAR SHARMA   03 March 2022 at 09:43

Financial bullying by wife.

I live in Pune, India. Got married in December 2021 in Delhi and moved in with my wife in Pune, 5 days after our marriage, as part of marital responsibilities I agreed to pay out 80% of my salary for expenditure while I have a educational loan, LIC payment & Parental responsibility as obligations, due to the obligations though I paid the said amount for two months but was short of money due to debt payoff, though i have agreed to pay 1/3th of my salary amounting to INR 20000, wife denies that and sought what we had agreed to pay i.e 80% of the salary, she has a business and takes INR 2 lacs/month. How much can I legally give her as she threatened to throw me out out the house and call police (we are staying in a place which she has rented out before marriage in Pune and refuses to stay with my parents). Please advice. Thanks and regards.

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Vikas Chopade   13 January 2022 at 12:50

Custom divorce prove in court

Can any one explain how to prove custom divorce Sec 29 (2) Hindu Marriage Act 1955 in court ?
Which documents required for custom divorce prove in court ?
Can give me case laws related custom divorce prove in court ?

Regard

Vikas

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karthik sivaraj   09 January 2022 at 15:06

Wife not interested to live me but she claimed maintenance

Dear Sir/Madam,

Hi, I got married in March 2018. I am working in abroad (at the time of marriage also), she is from Bangalore. After 30 days of marriage i returned back to job in abroad, every thing was fine but suddenly she stopped communicating to me after 2-3 months without any reason, (she was conceived at the time). Then i tried to call her, arranged visit visa everything but she denied to come with me and she started going job.. After baby (boy) born, their family not allowed me to see my kid (until now it continuous).. I keep on supporting financially whenever i receive salary (since covid starts i lost job for six months tried and get job later), I tried a lot 3 years to make her understand but she told her job is only important and she is not interested to live me., Then i keep quite sometime and also due to jobless situation again i could not able to support her (from jan 2021), I am still in abroad due to work visa expiry i cant come to india, she used this situation and moved to the court under sect 125 (b)., now 7 hearing completed from my side i dint do anything, recent hearing status shows "petitioners evidence"...

I request to kindly advice me what i can do now., even now am in abroad looking for a job. 

And she never live me, never talk to me, never show my kid to me (now he is 3 years)., how to defend this this.

(I have proof for whatever i sent money through online to her until dec 2020)..


Regards
Karthik

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RANGAM SREEDHAR   28 November 2021 at 17:34

498a nri case - wife died with cancer

My wife filed a 498A case against me and my family 10 days before her death due to cancer. I spent almost 40 Lakhs on her treatment. When she was in the last stage their family members guided wrongly that after her death my daughter will be on-road and the case was filed.
Now the problem is I am NRI and my parents live 500 km away from the court and not possible to attend every hearing. Witnesses not even attending court as they will not have any evidence proof to say as I spent 40 lakhs and got all reports and bills.

Trail completed and summons to witness is pending, police are not helping out.

Please advise me how to get out of this case and any way to avoid hearings were ready to attend when required.

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Anonymous   17 November 2021 at 18:16

Maintenance and child custody

Sir,
My wife residing saperately with my child.
She file 125 CRPC, and interim maintenance is granted for both of them.
I want full custody / joint custody of my child which is pending in family court under HMA.
She file execution case although I pay 80 percent of maintenance amount awarded by court.

Can I pray before the court to reduce/stop maintenance for my child as I want to maintain my child by keeping with me ?

How can I stop paying maintenance for my child, if at least joint custody is not given ?

As per my opinion both the parents have equal right on their children and since I fulfill all needs of my child, court should pass order for at least joint custody.

Can I raise objection in execution case ???

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