Anonymous
08 January 2019 at 17:39
I am a Muslim & my wife who hardly stayed with me for 3-4 months after marriage left me by executing a pre-planned drama where she got admitted in hospital with her brother's help when my mother who is 60 year old medically ill alone was at home saying that she got paracetamol fever tablet poisoning. Later she file 498a case stating I have harassed her for extra dowry also stating that my relatives who stay at different locations tried to kill her by forcing her to eat poisonous food on the day when she got admitted to hospital. But I took the medical reports from the hospital where reports are normal suggesting her for psychiatric consultation. She is a working women & now she left the job in that company recently to file 125 crpc maintenance case. But she has stated herself in 498a complaint that she is earning 30k monthly.
Now on these grounds can I fight the case to get her petition dismissed. Please help me in this matter as these people has really harassed me for a lumpsum amount. They used their influence & sent me to central jail for 2 days on 498a case. Just only becoz of these stupid people am loosing respect towards female.
Anyways I will fight on merits but just want to know the worst case too if she says she is not able to work now all of a sudden after filing 125 crpc & need maintenance how much she will be entitled as she just stayed for 3 months & no kids whereas her father, brother are government employees who have assets too.
Anonymous
06 January 2019 at 12:17
Dear Lawyers,
I am married since 9 years, since almost 3 years I and my husband are not in good terms. And since almost an year we are not living as husband and wife. Couple of months before he has asked me for Divorce. I took time to decide on and now I have also decided to go ahead with divorce. He is not agreeing to it now. Instead, he is telling he would accept his mistakes and improve. Every time this fight used to happen he is been telling the same and never stuck to it. Now I dont have confidence in him that he will change and I also made up my mind that I want divorce.
Now the child is with him. I am at parents place but they are also not supporting me now and asking me to go back to my marital place.
Please guide me how to proceed ahead with divorce. I dont know if court gives me justice as I dont have any evidences. I am talking to a lawyer but the lawyer is asking for evidences for proceeding with contested divorce or to convince my husband for a mutual divorce. I dont think he will agree as I used to do a lot of help to the family including take care of home monthly expenses(I am working), household work and Child's education, taking care of him etc.,.
Now that I have to fight alone for my life and peace of mind. I dont have any evidence to prove that I have been undergoing this mental trauma but all these while I have succumbed everything. Please guide me to move ahead with divorce as he is not agreeing to it and I am not ready to lead this life anymore.
Anonymous
05 January 2019 at 18:30
Can Petitioner or Applicant convert his case
of Sec. 9 filed under Hindu Marriage Act into Sec. 13B of Hindu Marriage Act
in District Court for mutual consent divorce after making an application under Or. 6 R. 17 of CPC
What remedy?
jeevan deshpande
04 January 2019 at 16:01
my deceased mother made will before notary in my favour( i have three more sisters).
is the said will is treated as 100% illegal as it is only notary.?
the property is self acquired property by my mother.
can i myself go to the court for validating such will ( getting certified myself as only legal heirs as it is stated in the will )
as my sisters is not aware from the said will, and unfortunately the said will is not registered will, i have dought that the notary made will may get challanged by my sisters, so before they take any action shall i go to court myself to get clear title for my notary will ?
Anant
03 January 2019 at 17:30
Dear Sir,
Few months ago my friend get married with girls belong from relative. My friend qualification is ICWAI (CMA). Qualified professional. At the time marriage discussion people from girls side verified everything i.e. his bank statement, degree certificate, discussed with all their relative and then finalize. But at that time they does not give any clarification amount their daughter. They said that she is 12th pass. After marriage it is noticed that, she can't write simple marathi, words also and unable to do the calculation of Rs. 100 to 150. Her Iq was not so good and unable to read marathi. In short they have given wrong information. As her relative also agree that, she was not able to do this things but her parent is not agree. we have call recording of their relative stating that,same things.
During the four month friends family try to teach her but she is unable to understand finally they send her to her parents home and give time limits of one month to change her but as of that time limits also exceed more than one.
how to resolve this. friend family want to resolve this mutual understanding but parents of girls not responding them and not receive call.
how to resolve this. if we want to go in court how to stand the case to resolve it within short time of span.As friend age is 31 and if legal matter goes for 2 to 3 year then her future may be destroy.
Please guide.
Arati Gawde
02 January 2019 at 13:22
This is related Divorce petition filed by my friend’s Husband.
Brief of case:-
1. Allegation on wife is Mental cruelty (which all are baseless and very funny ).
2. No child from such marriage.
3. They both are living separately more than 3-4 years.
4. Wife is willing to stay together but husband not.
5. Wife is working women.
Queries are :-
1. If husband not ready to stay together then what remedy will available to wife?
2. Is Wife can refer Kalyan Dey Chowdhury vs Rita Dey Chowdhury Nee Nandy on 19 April, 2017 – Judgment i.e 25% of Husband’s Net Salary just & Proper to be awarded as Maintenance.
3. Is wife get Permanent Alimony from her husband?
Thanks in advance..............
Anonymous
02 January 2019 at 09:20
wife threatening to do dharna at my parents house for residential entry into matrimonial house. I live abroad. I have sent a notice to her using GPA.
She is threatening she will call media while staging dharna.
What precautions my parents can take to avoid such nuisance from her ?
Pankaj Patil
01 January 2019 at 21:13
Hello experts,
My sister is married from past 18yrs and her husband has become an alcoholic since past 10yrs and doesn't work. My sister is managing all expenses by working. They have 2 daughters. My sister is fed up of this man's alcoholism. She wants to file a divorce, can she do so?
Can you please guide me? She is in huge depression and under mental stress. Please give your expert opinion.
Regards,
Pankaj Patil
Neeraj Sharma
29 December 2018 at 14:19
Respected Lawyers,
If I apply for quashing of a case running in a lower court before the high court, what are the chances that the high court may create new problems for me instead of giving me relief?
I want to apply before the high court for quashing of a case but at no cost want the high court create new pains for me.
Thanks and regards
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Want divorce from wife
Dear Experts,
I had lived 5+ years together from Feb2009 to Jun2014 and have one 6.5 yrs old girl living with my wife separately now.
in Jun2014 my wife fly away from home for that one FIR u/s 346 registered and CRPC 164 statement recorded after her recovery. In statement she stated that she fly away willing fully and now onward she want to live separately with her husband (means me) and her daughter. Statment recorded in Jun 2014.
This was the ground of Divorce that time because she wants to live separately from her mother-in law according to Supreme court judgment "narendera vs K.meena" but judgment came later in 2016. anyway but now it applies.
After her statement of 164 u/s CRPC she filed a 498A case against me and my family but the case was canceled by Superintendent of police but not registered the case against my wife u/s 182 IPC for fake complaint.Since 2014 police did not represented that case report before court. So that report can be used a ground of divorce now after 5 years of cancellation??
Third ground
My wife filed a DV case against me and my family in the court still the case is at argument level. It might take more 6 months. So should I wait for over this case to be used as solid ground for divorce or should I go ahead now?? coz now I feeling so late for divorce.
For information: when my wife flee away from home then I filed a divorce case but later I withdrawn and the case over.
High court P&H cut the maintenance of my working wife but still I have liabilities of maintenance for the child.
queries:
1. That time I was living in Haryana state so I filed the case in relevant session court but since 1 year I have been living in Delhi Dwarka jurisdiction and wife still living in haryana. So can I file my divorce case in Dwarka Court now??
2. Are these grounds enough to obtain divorce now or should I wait for DV case end.
Thank you very much
If I can file case in Dwarka court then I need a good lawyer too.