Member (Account Deleted)
14 October 2012 at 18:53
Q) i had filed divorce case against my wife first at jammu jand k. then she files domestic voilence at punjab. now she had file petiton in supreme court for transfer of divorce case from jammu to punjab state. i want to know can supreme court transfer the case b cos in jammu and kashmir it has seprate hindu marriage act of jand k.
Member (Account Deleted)
14 October 2012 at 16:15
Q)does hindu marriage act is applicable to j&k state? i had filed divorce petion in jammu and my wife has file domestic voilence case in punjab. now she had filed transfer petion in supreme court for transfering divorce case to punjab. is that possible? my lawyer is saying she cant get case transfer bcos j and k has its own marriage act and it is not possible to transfer case? is that true
pasha
13 October 2012 at 17:51
DEAR SIR,
i'M 26 YRS & I WILL GOING TO MARRY A 17 & HALF YEAR OLD GIRL ,WE BOTH ARE MUSLIMS,NOW MY QUESTION IS CAN I GET A MARRIAGE CERTIFICATE FROM REGISTAR & CAN I UPDATE MY NAME IN MY WIFE'S PASSPORT AS SHE IS STILL MINOR?
arvind mahajan
13 October 2012 at 17:36
We married in 2003 at Arya Samaj Mandir, New Delhi. The wife was muslim and me hindu. I was a widower with a daughter, which I mentioned in the affidavits and she also admitted to take care of my daughter as her real mother.
We lived away from my parents and daughter for 3 yrs so that her parents could visit and see us and there is no adverse action. This was on the advice of her sister, who had said that we should live together for 2 -3 months in view of any action from her relatives especially parents. But later her sister told me to forget my daughter and parents and any returning back. The main reason was that the fact that I was a widower and had a daughter was concealed by her sister from her parents and she was afraid they would know this and blame her.
My repeated attempts to meet my daughter and parents were dealt by my wife by slitting her wrist with a threat that if I insist more either she would end her life like this or hide somewhere and her sister would lodge the complaint with police that I did something to her. Under the fear I some how passed the time.
In 2006, she asked that she want to live with her sister and mother as her father doesnt take care of her mother, as he has a second wife. My wife allowed me to go back to my parents and live with my daughter. I felt a sigh of relief to get an opportunity to serve my parents and take care of my daughter.
she would call me on the saturdays to show her mother that we still are together. If I refused to go I got threat of action in women cell.
I after my job started visiting my father's shop in evening to assist my 70 yrs old father. One day my mobile was left at the shop and the shop was still open and her calls were answered by our neighbour shopkeeper who is a property dealer. The moment I came back i was told there were some calls on your mobile which he answered. I didn't object.
Since that day the chaos started. What I did, what I wore, what I talked, every thing was told by my wife over phone. I didn't understand how and why this was happening.
She stopped asking to live together. Rather now I would ask her to live together. Now she started lingering on and never gave any concrete reply. She would put impossible conditions that we both will live only not my parents and daughter., etc.
I got suspicious, I started running after her to understand the real story. I met her on two three occasions she would admit that there is some one in her life but always asked me to prove to get rid of her. I was helpless.
On 13 Feb 2012, I requested her to meet her for valentines day celebrations at her home. She hesitantly allowed. On reaching her home I saw her new mobile. I noticed that there were two numbers from which there were alot of calls and sms were there both in coming and out going. I noted the numbers before she could snatch the mobile from me.
I couldn't understand what to do. I tried one number it rang in the pocket of our neighbor shopkeeper the property dealer and he started abusing me. I rang it two three times the result was same. One number was confirmed.
Next day I called at another number and the receiver got some what nervous on my introduction as her husband. In evening my wife call me up and threatened me with dire consequences. She admitted that there is some one in her life.
Since that day the property dealer started threating me with police action and stared collecting evidences against me. He would stand near the adject common wall between his and my father's shop and pass indecent and vulgar comments about my wife I sent her several sms apprising her of this property dealers activities and asked her to talk to me directly.
She didn't answered any of my calls and sms.
I couldn't imagine that a union leader at my office had been taunting me for last few months on our marital discord, hew would pass some vulgar remarks threaten police action and like that in stairs, washroom coridoor etc. One day he said you are gone as your wife is going to sue you and police will beat you. Now enjoy that I requested him to be away from our personal matter but he didnt acceeded to my requests. Few days later he showed me the last page containing sign of my wife and said this is her complaint now be prepared. I hung my head down and again pleaded not to interfere. He didn't understand.
Now the situation is every now and then I receive threats from the union leader and the property dealer of stern police action against me on my wife's complaint to police.
They often say that they have full tuning with the police and my parents have to arrange to collect my unconscious wounded body from police station.
I got several dates from them for the action but now they have given for 18 or 19 Oct or before Dipawali. They claim that police will only manhandle brutally.
I cant understand how it is possible?
What can be the remedy?
Can police act in this manner?
Can the bail be obtained ( anticipatory)?
or any other remedy available to me.
Whether the police complaint is possible as one or two police personnel used to visit this property dealer quite often and assured him of action against me.
How should I visit police station if I am being called upon?
What is the course of action in such cases?
Please advice, as an SOS
P.S.
She signed the affidavit for conversion which they claim( she & her sister)to have obtain from SDM Badarpur area. I only went to collect it along with her from the person.
Now, their prime threats are that I concealed of being a widower and having a daughter. Which she and her sister concealed from their parents.
She, her sister and her brother in law (sister's husband) had told their relatives
that we married according to Muslim law to this effect they procured a certificate from a quazi for Rs.1000.
But the main thing is that I didn't live with her from the date mentioned in that certificate.
We only resided together after our marriage was solemnised in Arya samj Mandir, Delhi in 2006, which was witnessed by my colleage and her wife and from my wife's side her colleague witnessed, we have photographs of that also.
During her visits of one or two days to my parents and daughter my mother gave her 4 sets of gold oranments which she kept with her sister. I used to request that keep these ornaments in a locker in your name and keep the keys with you but she didn't agree. This was also a point of conflict.
Law Querier
13 October 2012 at 16:36
Husband is in India and Wife is in abroad country. On telephonic communication, There were disputes between husband and wife for small reasons. During dispute husband told angrily to take divorce and sending some SMS in anger. But, his statements during quarrel were only because of his anger, not seriously. Wife has filed divorce on the ground of Cruelty, Section 13(1)(ia). She has stated in petition that her husband is not interested to live with her and asking for divorce. But, in real, Husband wishes to live good family life with his wife and does not want to take divorce. Wife has put following SMS details sending by her husband. Out of all SMS details, I put here some SMS. I want to know that Court can grant divorce on the evidence of this type SMS done by husband?
sms# now its enough. U have proved ur identity. U can become a good friend but U never become a good wife. It is proved.
sms# U don’t call me ever. Start the procedure and take ur things.
sms# U never understand real meaning of love. Bec u r money minded and very selfish person. But it was my fault that I could not understand u earlier.
pranshu
13 October 2012 at 13:58
hi,
i was married in feb 2012. she was ill from marriage time and suffering from fever . her madicine was regular from marriage time. in april 2012 my wife was pregnant.in testing report i have found that she is hiv +. i was left her at their parent home. their parent are giving me warning to stay with her and saying this has happend though you while my report is negative.
i dont want to stay with her and want divorce.please suggest me what should i do to solve this matter. and also suggest what step she can take to warn me.
SUNIL
13 October 2012 at 12:09
sir earlier I wrote that "My wife cheated me. She had done sex with another person and has given birth to a baby. I came to know that."
I could not able to depict the whole matter.
actually what happens ....
I sex with my wife. she was preagnant.but when she was preagnant another person sex with her.
so why I will give all the expenditure of my baby?
that person should bear all the expenses because when my wife was pregnant that person sex with my wife.of course my wife was preagnant by me. BUT WHEN SHE WAS ALREADY preagnant that time another person sex with my wife.so that person was done the last intercourse with my wife.
so that person should bear all the expenses of my baby.Isn't it?
In this case what is the rule? do I have to still pay all the expenses of the child?
Member (Account Deleted)
13 October 2012 at 11:11
Q)what is the fees of the lawyer for transfering the case from one state to another?if wife moves petiton does husband has to pay legal fee of the wife too?how much time such cases takes to come to final conclusion? plz reply soon
Atul
13 October 2012 at 11:04
Sir, One of my lady client has married 21 years back & has no relation since 20 with her parents , sister & brothers, Now her father died without will, She wants her share with other legal heirs but she do not know how much his father made the property (movable or immovable) in his life time and what his father left at the time of his death , as she has no relation since last 20 years.
Sir, Pl. advice he how may she claim on fathers property?
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Illegal possesion of home by relatives
respected sir,
my father constructed a home in 93 and for study purpose he just gave it to his brother.
and nw after 18yrs he is refusing to vaccate it.
how can we proceed in this case.
we have all the document like electric bill, property tax, devlopment charge and agremment of sell.
but we dont have registry of that property..!!