arvind bhalerao
08 June 2012 at 21:51
My son wants to marry with american girl in india .He is in US since last 5 yrs on H1B visa. please guide/ procedure under special marriage Act? Is she has to convert to Hindu if we want the marriage by our custom?
and not as per special marriage act
Raman
08 June 2012 at 18:11
Dear Sir,
Thanks for previous advice
My cousin is residing in Delhi( Matrimonial home is also in Delhi) and after few years of marriage his wife the matrimonial home and is now staying with her parents at District Haryana.My cosuin has file the RCR she returned and agin she left to her parents home and demanded huge gold and money .Now my cousin has send the legal notice for mutual divorce and she approached to the Haryana P.S for false case of dowry harassment which was referred to Women Cell.The women cell has asked my cousin to appear before this Monday or otherwise they will serve the notice to him
My queries are
1 Whether its advisable to approach before such women cell.I have heard that they will only heard the grievances of women and compel the husband to give undertaking for meeting the demands of her wife?
2 If he will not made his appaernce whether they can arrest my cousin after lodging FIR?
3 Whether its advisable to go for anticipatory bail at session court or move to High Court Haryana for transfer of FIR at Delhi?
Please provide earnest help
sukhpal singh
08 June 2012 at 17:53
Sir, can husband files a petition of Restitutuion of conjugal rights, at present he is put on trial under section 498A slapped by his father in law on him.
Raj singh
08 June 2012 at 12:17
Dear Sir,
Please advice:
Last Year in Feb 2011 I got married staying with my family, after 1 month of marriage we started having arguments on small things, some how drag the relationship and then it started with bitter fights one or the other day. I found there is mental incompatibility between us. Both of us did best of our efforts, from each other end. But now at this stage I feel not to continue this relation , becoz we don't agree with each other , and no respect for each other and cannot think of starting a family and we have tried all efforts since 1.5 years of our marriage. Now she has started bouncing for any conversation we are having with negative reply.
There is no problem between my family and my wife but they knows the relation between us. She don't want to give divorce at any cost , I said I am ready to give what ever she wants and she said suffer in this relation I will not change and will do as per my wish.
Wife Background
His family status is less then us
She is MBA and recently left the job.
On what basis, Can I File for divorce as it would be very difficult to prove the ground of mental incompatibility ?
Do I have my rights not to stay with my wife at any cost based on mental incompatibility between us ?
Emails communication and chat are valid proofs ?
Hari Om Maheshwari
07 June 2012 at 20:59
wITH THE AMENDMENT TO HINDU MARRIAGES ACT, THE WIFE BECOMES ENTITLED TO 50% SHARE IN PROPERTY BELONGING TO HER HUSBAND NO MATTER WHEN AND HOW HE OWNED/EARNED IT.
iT HAS BECOME MUCH MORE EASIER FOR AN UNSCRUPULOUS WIFE TO GET AWAY WITH THE PROPERTY BELONGING TO HER HUSBAND BY WALKING OUT OF MARRIAGE ON ANY COUNT.
SO, WHAT ARE THE WAYS TO PROTECT ONES PROPERTY FROM UNSCRUPULOUS WIVES ?
PLEASE SUGGEST SOME WAYS TO WRIGGLE OUT OF SUCH A NASTY LAW.
Harjeet Narang
07 June 2012 at 20:13
Is Probate of Will mandatory in Delhi state. I believe there is verdict of Hon'ble Court that in Delhi, Probate of Will is not required. Please Update.
Raman
07 June 2012 at 19:20
Dear Sir,
My cousin is permanent residence of delhi and marraige was soleminised in Delhi and the matrimonial home is located is in Delhi.The girl belong to Dist at Haryana .After few years of marriage she left the matrimonial home and joined her paents.She later file FIR aginst my cousin and his family.Till now nothing has happened
My queries are:
1 Since cause of action has arosen in Delhi,alleged dowry harssment by wife is also in Delhi.Whether harayana Police can arrest my cousin on the basis of her allegations?
2 Since Haryana Police has no territorial jurisdiction to arrest or Investigate the matter outside his state, whether the police can compel the accused/My cousin to appear before them? Whether its advisable to appear before the P.S of Hrayana?
3 Whether one can go directly to Punjab & Haryana High Court for quashing or Transfer the FIR as the cause of action has not been taken place in Haryana?
Please advise
Prakash
07 June 2012 at 17:12
Ld Counsels,
Wife remained indifferent towards the honeymoon plans of husband prior to marriage and ultimately refused to accompany him for the same after marriage. Prior to marriage when asked about the convenience of wife to a particular honeymoon spot wife simply replied that she will check with her parents if they permit only then she will accompany.
can there be anything inferred from the above conduct of wife regarding her willingness to cohabit with husband and the interference of parents in marital matters.
Thanks for your views.
Ms. Dharitri Mallik
07 June 2012 at 16:21
Hello Sir,
I am a helpless girl & I am a victim of my own Father & Elder brother's harassments, betray, exploitations. The thing is that my own father had put me under emotional blackmailing & by force had fixed my marriage in the year 2002 with a very bad guy & when their ill motifs & cheating had come to my knowledge then within 7days my newly marriage was spoiled & totally broken. After so many troubles, insults, difficulties I got mutually divorced in the year 2007 without getting any compensation or any allimony. And after this my father & my brother was deadly against of me to stay in my parents' house & defamed me everywhere by putting so many allegations. But my mother had supported me.Now I am staying with my old mother & youngest brother in the Upper Floor & my Father, my Elder brother, my sister-in-Law is staying in the Ground Floor. In between these years my Father who is 63years old had filled a Divorce Case against my old mother who is 59 years. Before the Divorce case my mother had filled a Domestic Violence Petition in the court but they have hired our Advocates & no permanent solutions has come out. When the final hearing of Domestic Violence case was going on our Advocate has lied us & never told us to come to the court & present before the Judge...And after some days our advocate informed us that the final decree was paased without our knowledge where only Rs. 7000/- Per month will be given to my mother & we will stay in the upper floor & my father should not crate any disputes with us. But after passing of 1 and 1/2 years my father again started creating disturbances with us with the help of my elder brother & Sister-in-law. Due to threats & severe disturbances my mother has closed the common door through which they come to our upstair. Our Both Floor is totally separated & only one indoor is there which joints both the floor. They are demanding that they have every rights to use the upstairs which deviates the court decree. IT has not been legal partition but my father can not come to upstair & create any disturbances. Now they are always insulting me everywhere by calling me as a Divorcee & you dont have any rights to stay in my father's building. The Land which was decided to be given to me before my marriage was also transfered to my brother without any knowledge of our family members. Now we came to know from a source that my brother & his wife wants to take the entire building & other village landed property into their name. My father has some illicit affairs with other lady. There are so many family problems has arisen...They are very powerful & have very big contacts, Ministers, Lawyers, money..And we are totally helpless & having no supports..Where ever we go every one comes under their big influences. Under such disputes, disturbances, threats & conflicts , they are forcing & biasing my youngest brother to get immediately married as per my father's choice & we know very clearly that they have threaten to my mother & me that under dowry torture case they will put behind us in jail. In such situation am loosing my mental balance & my old mother is sufferring from Osteoporosis disease & kidney stone. Our life became hell. SO please advice me what should I do? How can my mother gets her Right & how can I get the share from my father's property ?
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U/s 18 e of dv act
Dear experts plz help me on this matter,
My Query is U/s 18e of Domestic violence act can judge make a stay order to which property belongs in name of my father (propety gain form is own income not by ancestral property)