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Rahul Sharma   31 July 2012 at 19:24

Rcr to divorce

Dear All,

Can someone help me in knowing the right time to covert RCR to Divorce, I got married in Dec 2010..she left finally in April.. I filled RCR in Dec 2011..till now I had two hearing in first hearing her lawyer came and gave vakaltnama ..in second hearing they asked to dismiss my application and gave reply with false allegation on me and my family...but court order for amicable settlement..this happened in may 2011..now next date is in Aug 2011...the point is on last date she told court that she don't won't to go back but need separation (this was not on record)..though court ordered for amicable settlement.

Now my question; my new lawyer is suggesting(I recently changed because of some issue with old one) is suggesting to withdraw RCR and go for divorce on basis of desertion and non-consummation of marriage. What is the best way to convert RCR to divorce. Do I need to withdraw RCR or can also convert RCR to divorce. Should I wait for sometime or should I do this in Aug hearing only?what would you suggest.

I initially applied for RCR to safeguard me and my family from any false allegation plus I won't to give one chance to our marriage, but looking at her reply (lots of false allegation on me and my parents)...I am thinking for divorce.

Please guide...should I wait bec I think she will say for divorce on record in next two dates..may be during mediation.. Though not sure.. Please guide.. PS; Please do read my previous threads for better understanding of my case.

satya parkash   31 July 2012 at 16:33

Matrimonial disputes

I HAVE BEEN MARRIED FOR LAST 10 YEARS AND HAVE GOT A 8 YRS OLD SON.RECENTLY MY WIFE HAD GONE TO HER MATERNAL HOUSE FOR FEW DAYS BUT ON SOME MINOR ARGUEMENTS OVER PH SHE HAS PROLONGED HER STAY AND DESPITE MY REPEATED EFFORTS AND APOLOGIES SHE IS NT READY TO COME BACK. SHE HAS ALSO WITHDREW THE ADMISSION OF MY SON AND GOT HIM ADMITTED IN ANOTHER SCHOOL WITHOUT MY KNOWLEDGE. IT HS NW BEEN MORE THAN 2 MONTHS THT SHE IS NOT READY TO COME BACK AND ALSO FILED A COMPLAINT WITH SOME FALSE ALLEGATIONS IN DELHI MEDIATION CENTRE.SHE HAS ASKED ME TO COME ON THE NOTICE DATE AND SIGN FOR MUTUAL DIVORCE.I REALLY WANT TO SAVE MY FAMILY ND DONT WANT DIVORCE,IS SHE REALY SERIOUS FOR DIVORCE OR IT IS JUST A TRICK TO BEND ME DOWN BCOZ EVRYBDY ON HER SIDE HV A DIFFERENT OPINION OVER THE MATTER. ARE MEDIATION CENTRES EMPOWERED TO CONDUCT MUTUAL DIVORCE BY THIS PRACTISE, ALSO GUIDE WHAT SHOULD BE MY STAND TO SAVE MY FAMILY.

Mrunmai Deshpande   31 July 2012 at 07:14

Desertion & cruelty by wife

I am a young man of 35 years of age staying with my parents. I am physically disabled and due to this earn irregularly. Because of this, my wife has deserted me and currently staying with her parents who are financially well off. She has taken with her our 2 years old son also. Even after repeated efforts from our side she is not prepared to come back. She is not prepared to give me divorce as well. She, off the record, says that she would come and stay with me after the demise of my parents as by then I will inherit my parents property and meet the family expenses with ease. Before deserting me we were staying with my parents and my parents were and are always supporting our family expenses. I am very much pained and distressed at her stand which is wrong and immoral. Please advise me on how to go about and also tell me if I seek divorce, will I get it and if so how can I give her alimony and child maintenance since because of the disability my income is irregular ie sometimes I work, if possible ? My wife is physically fit, graduate by qualification and was earning a salary of Rs10000/- pm before delivery. I have become physically disabled only after marriage and doing a permanent job before becoming disabled. Please advise.

malashree   31 July 2012 at 00:19

Order 39 rule 1 and 2 r/w section 151 cpc

The court has passed an order for restraintng the Defendants fron constructing or parting with possessuin in any manner, to creat a third party interest in property in du\ispute. The Defendants have rentented out one floor of the suit property which is in their possession.
(i)Can Plaintiff file a contempt?
(ii) Under what Rule of CPC?
(iiI) Kindly give the relevant judgements of high court and Supreme Court in the matter?

Member (Account Deleted)   30 July 2012 at 21:24

Divorce case

I filed divorce case in city1 ( in State1) my wife stay in city2 ( in state1) city1 and city2 is nearly 50 km away in same state. She is not coming on divorce case dates even though she received the summon.

Is this possible that via HC she can transfer the case in city2 ?

If yes how can I come to know.

lopita saha   30 July 2012 at 18:30

Widows right in father in laws property

i am a widow , my husbend deceased 10 years back, leaveing me and my son. my son has some mental problems. i resides with my FATHER IN LAW AND MOTHER IN LAW IN THEIR HOUSE.
but due to my sons mentel problem i have forced by my mother in law to go to my parents house.
NOW my mother in law gift the house ( WHERE I RESIDES WITH MY HUSBEND) to bharat sevashram sangha. now i am help less.
can i have any rights in the property?
where i live with my son?
i have no income please help.

quest123   30 July 2012 at 14:47

Marriage certificate

Hi,

I got married in 2009 in Jamshedpur. My husband is from Jamshedpur (Jharkhand) and I am from (Gaya) Bihar. Both of us are working in Chennai. Can we get our marriage registered in Chennai.
If yes what all documents will we require to get our marriage registered in Chennai.

Thanks

Quest123

ANEESH TRIVEDI (ADVOCATE)   30 July 2012 at 12:35

498

naem: ANEESH TRIVEDI AGE 40
WIFE:KAVITA TRIVEDI AGE 33
Wife living in her mohter house having two sis one is MCA not married 28 yrs and next one is in 12th
father expired mother is 60yrs no other relatives who help them
facts:
[1] married on 11dec08,without dowry adarsh vivah
[2] she left me due to ego 0n 24 april 09 giving 155 notice in police station.
[3] i went to took her back but i was beaten by her father and insulted on 3 may 2009.
[4] we start talking 20/5/09
[5] some hard talk is going on since 19/07/09
i went to sp office complain registers it is sent to paramarsh kendra by sp.
[6] hearing is on 9sept 09 but on 25/8/09 false 498A was filed and i was arrested for three day now on bail
even in media she spread that i m terrorist etc etc
[7] mutual aggreement offer come from her side i refused/
[8] i am facing the dates but talk on cell started with her 20/11/09
[9\ she come to me and we went for outing for a week in 28/12/09
[10] she come back in same house
[11] i won sec 9
we came to new place 28/3/10
[12] she is pregnant in aug 10 mean time she made drama in may September and October
[13]her father die in mystery death on 22/3/11
[13] she delivered a baby on 5/5/11
[14] her mother came on 16/5/11 and went 22/5/11
[`15] on 23/5/11 she talk abusive harsh word on next day lock the door from inside and i was out whole night
[16] on 27/5/11 she went to relative house with baby in gown
[17] she went to sdop oral complain i was called for paramarhs but i had fear that i may get arrested as before so didnt appeared\
[18]her mother and sister came and she went with them on 8/6/11
i called her lot she not allowing to see me my baby i miss her since 8/6/11
now again situation become worse she is telling harsh word and abusive language and third class talk just like i sleep with othes etc you also go to others.
[19] i talk with her 22/7/12 she told mere tarkash me abhi teer baki hai mai to bachi ke bada hone ka intezar kar rahi thi ab khel me maja ayega maine baap khoya antim saans tak ladungi etc etc

now guide what i do when she is with me she is alright i want by daughter back i m out of india now 498a is not charged yet ,
now i m planing to file
a.defamation
b.child custody
c.divorce
just to make her trouble and she know that to file a case is easy but to fight means to suffer
but in that no hope for rejoin as before,i also waste my time and money,
also i may have to alimony for my daughter as she is working i can prove it already i proved it in sec 9.

i need your guidance and also if situation not improved then how to teach her lesson ,
just give this story to media and make drama to highlight

what i do please guide me
aneesh trivedi
thanks,

Ram   30 July 2012 at 02:48

What precautionary measures one should take to avoid 498a case.

Dear Experts,

Kindly request you'll provide solution on below query. Thanks in advance.

=============================================
My son is planning to marry a girl without my willingness.

I have tried to convince him however, he is not ready to understand and saying he
will marry the same girl.

Reason i am against his marriage is that, his kundali is not matching with the bride
and i also know that the Bride's parents are big time cheaters because of the past
records and they have eye on our house and my son's salary.

Now, i have informed my son that if he wants to marry her then he can marry in a
temple/court as per his wish and take a home on rent & stay with her wife and do not
enter my house.

I have few questions in my mind in this regards and kindly request you'll to answer
below listed questions:

1) What legal action can i take, if they(he & his wife) enter my house and start
staying with us ?

2) Is it possible for them to put a fake dowry case against us( Because we are damn
sure bride's parents wants to screw our happiness) even if they are staying on
rented house and away from us?

3) Shall I make a legal document which will say that my son is doing marriage on his
own wish and we are not involved in this ?

4) Any precautionary measures you would like us to take in such scenario ?


SANDEEP KUMAR   29 July 2012 at 22:18

Divorce

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