Bablu Ghosh
21 September 2012 at 12:14
Couple married for 9 months(social Marriage),NO chance of child at this stage,Special Marriage registration date 6 months earlier ie 15 months earlier.Girl left husband abruptly 4 months back.Girl now demanding jewelry back.NO problem,boy's family intimated in writing that they will return all articles.PROBLEM IS as follows
Boy's ancestral home is at 45 kms away from City.Parents of boy has two houses ,one at a sub divisional town(old house )where the SOCIAL MARRIAGE WAS done.Second house is at city(newly occupied,owned by father with an intention that the boy will live there).Jewelry(gifted by girl's father,NO DOWRY)is kept at boy's mother locker at 45 kms away from city.Boy's party wants to return the jewelry to the girl from the sub divisional town NOT FROM city residence,because in these days transporting valuable articles is somewhat risky.(boy's father is also ill)PERMANENT RESIDENCE ADDRESS OF BOY'S FAMILY IS AT THE SUB DIVISIONAL Town.MARRIAGE TOOK PLACE THERE.WHETHER THE GIRL'S PARTY CAN FORCE THE BOY'S Parents to return the articles from city residence itself,as the girl's family live at city
Ujjal Baruah
21 September 2012 at 10:15
I am a Hindu guy from Assam and have been married before 2 and 1/2 years ago. My wife is a very good, lovable and a very kind hearted girl. She loves me like anything but now she is not in mood to listen anything to me due to a few mistakes of mine, my wife left me since 3 months back. I am repenting a lot for my deeds and promised my wife that I will never and ever do such things in during that time. But still she didn't listened to me and went away, I am trying to find her a lot where she is staying but was unsuccessful and she is not even in her parents home, as her parents didn't accept our relation due to caste issue. Her phone number is also switch off from two and a half month. After a two months of the case I got to know that she had filed a petition for divorce. I don't want to give her divorce as I can't live without her and I too love her a lot. The court of Guwahati, Assam had given a date for both us to appear for the case but she didn't appeared on the first hearing date. Please advice me what should I do to bring her back. I don't want to lose her. She is everything for me.
And can she get a divorce without my support, if I don't want to give divorce to her at any cost.
shardul
21 September 2012 at 09:22
I was married in arranged Hindu marriage. But now I have completed 2.5 years to my marriage including 1.6 yrs of separation . Having mother father and 1 younger brother in my family. Working in MNC as Chemical lead at Mumbai.
She is very arrogant and fall mouth in nature. That why, there was not mutual bond established in between us in 12 monthsof marriage. She left me before 1.6 yrs with her brother & mother. I doesn’t respond her and she not to me. No calls. So she files a complaint in “Social Consular located at Mumabi. And called me at their. Lots of meetings & arguments happened during last three months.
My allegation of non cooperation (sexual/ behavioral) , mouth foulness, threat to suicide was refused by her. Her brother runs on me during conversation in front of consular. “Social consular realized that, this is different case. Where girl and her parents dominated husband. So they suggested for MCD.
Me & girl also wish MCD.She even admit in meeting. I hv recorded the same. But her brother/mother is not agreed for any divorce. My Wife is M.Sc Chemical & currently doing job on 12ooo/- pm.
During Consuling I've I told in front of her father and brother that I'm ready to take you back but on my conditions. But she refused to come on my conditions. Condition are you have to live as per our family norms. After that her brother threats me that I will file a police complain against you that you have physical and mentally tortured to my sister.
Consular asked her parents if girl is not willing to go why you forced her for same. The case will come to us or court. Better separate out. It not easy… but this Public Social will not forced her or him to compromise if there are no hopes?
I have proof of threatening calls by them where her brother told us that take my sister else I will take any step which will be bad for you.
Right now no police of court cases till this post. In this 2.5 yrs. I’m getting overaged (32yrs). She is just 26 yrs old . Can sutain 3 more yrs. But for me it will difficult to remarry after 3 more yrs. I got fed up by this wait & watch.
But my Lawyer still suggested that wait & watch do not file divorce not to contact them. Time is the only solution. Why to pull counter cases ?
I hope my wife still wish divorce. Can I contact my wife alone & asked her to file MCD without her parents known ?
As her parents never agree for Divorce...
Please also let me know the documents required for MCD.
What to do in this situation?
Member (Account Deleted)
21 September 2012 at 09:21
I have file child custody case in the month of April'2012.
In the case we also claim interim visitation right .
In the first appearing date it was lawyer strike, next
date opponent lawyer appear and asked for time from court( 1 month),
Now after 1 month , puja vacation of court will start(35 days).
Then the case will start in november
My father health condition is detoriating day by day ,he was to meet
His grandson , but due to the above situation we are not getting
visitation right
Is there any provision that we can meet my son early ? ,can we get
visitation right from lower or higher court instantly ?please advise
JM
21 September 2012 at 01:04
If High Court has quashed false 498a against one respondent citing incident that mentions them to be malafide, can the same respondent be mentioned in the exact same incident in another case running in the Family Court in an I.A.? Does this not amount to contempt of court?
The IA was filed after the quash decision and the judgment is also attached to the IA.
Another person has also been added to the same incident in the IA as well.
raahat
20 September 2012 at 23:47
Respected Experts,
The above metioned cases are pending before the Hon'ble court for last 10 years.Today both the accused and complainant agreed to settle their disputes on payment of Rs. 3 lakh for full and final settlement of the entire claim of maintenance as wel as istridhan and entire maintenance of children which has to be paid in seven installments over a year.It is mentioned in the settlement statement that after the fourth instalment the complainent wil withdraw her executions and after the sixth instalment she wil withdraw her 125 crpc petition and also sign a mutual concent divorce documets. The seventh instalment wil be paid at the High court at the time of quashing of FIR.
My Quations is :
1. after such statement recorded at family court if the complainant defaults what remedies are available as per law for the other party.
2.Can the complainant file DV case
3.Can the complainant or her childern asked share in the property of acused or his family.
4.can the complinant asked for relief or modified the settle amount in higher courts.
Carol
20 September 2012 at 21:49
After a year of marriage, I walked out of matrimonial house because apart from a physical relationship, my husband would hardly talk to me citing that as he did not have any female friends in his friends circle he found it difficult to talk to me. This reasoning was very ridiculous one. Later in a year of marriage, he told me that he owed quite a sum and that is why he was unable to take me for any outings. This reasoning was also quite a stupid one because he had all the money to indulge himself in buying authentic sports jersey from high brand stores. He never had the time to talk to me but would spend endless time playing cricket, football and watch all sports matches. These trivial issues in marriage which were many, made it worse which led me to walk out of marriage because I realized that it was not worth living with a man who did not love me. Its been over six months that I am living in my maternal house. Further, I have no issues. As I got married in Roman Catholic Church, I have been informed by the Priest that I need to get Divorce from both the Court and the Church. I am seeking for a Counsel who can help me secure a Divorce from Court. Further, on what grounds can I get Divorce?
Naresh
20 September 2012 at 20:24
Dear Experts,
Maintenance u/s 18 HAMA is dismissed by family court on the grounds of desertion of wife and able bodied and highly educated wife.
Divorce also granted in my favour on the grounds of cruelty and desertion of wife by family court.
During the pendency of the main case, I (husband) was paying Rs.5000 regularly as interim maintenance from my mother's earnings,
as I'm without a job (student) and depending on my mother for my sustenance, which fact the Hon'ble court acknowledged in the final order of maintenance case.
Now the wife preferred appeal in HighCourt and asking for the continuation of the interim maintenance at the same rate of Rs.5000 and
the next week it is coming for hearing to decide continuation of interim maintenance at highcourt.
My questions are:
(1) As new facts have arrived now and which are on record, is it possible to reduce the amount Rs.5000 interim maintenance to a lower level to lessen the burden of payment at that rate as I'm currently jobless now? (if the Hon'ble high court so decides to grant the interim mainteance)
(2) What is the lowest maintenance that can be awarded u/s 24 HMA (in main case of sec 18 HAMA)?
(3) Since main case is already dismissed at lower court, what factors do they consider before admitting the case at highCourt?
Regards
Naresh
20 September 2012 at 19:39
Dear Experts,
I got divorce on 25-06-2012 on the grounds of cruelty and desertion of wife by a family court.
(1) what is the minimum waiting period before to remarry?
(2) How to know if the other party had gone for appeal or not (till now not received any notice)?
Regards
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Guarantor against father buisness loan
Hi,
around 25 years ago when I was 20, 21 my father had taken loan for his business .I and my mother in whose name there was another business run my father. I myself and mother was made guarantor for this loan.in 1998 my father died due to heart attack and the loan debts were asked from me and my mother to clear.I however was not in job then and am still struggling to make my living.the bank is asking for my pan card number and wants me to come and meet them and settle the dues.
Is I really liable to pay this debt and really am I guarantor becoz as I understand the guarantor needs to be at least 25 years of age and should be financially capable of repaying it in case the primary debtor defaults.when I was nto even earning then I was in fact studying my engineering.My question is am I really responsible for this payment of dues.Over that I was even not aware about the loan details and now after 10 years the bank is asking for my detials and telling me to come an meet them.I am also looking for a solution /action to take to handle this issue.