Nitin
13 May 2012 at 20:25
Thanks experts for replying to my query @ http://www.lawyersclubindia.com/experts/Stay-in-gurgaon-498a-in-delhi-296661.asp
I have attended two meetings in Delhi. The CAW cell is now convinced that this is a false case, but still asking me to pay up beyond my capacity and get divorce.
I have recorded what the IO said about this case, but people are telling me I should not use this recording in court.
What shall I do?
rsraghukumar
13 May 2012 at 19:58
sir
what is the meaning of Establishment of Marriage? In what way a love marriage or arranged marriage will be established in the courts?
sir my marriage is declared as null and void on the gournd that the girls first marriage is still in subsisting.
first husband also filed a suit to declare my marriage as null and void.
accordingly the court decreed both the petitions.
Now the girl prefered the appeal in that she stated that essentail ceremonies are not there in the first marriage.( sir that girl in lower court totally denied her first marriage and never said in her counters that essential ceremonies were not there. and also she avoided witness box in OP and in Suit to contradict the evidences. is it possible to say now in appeal that essentail ceremonies are not there when she denied her first marriage in lower court?)
sir i secure two SC jugdments in that it is stated that if marriage is established,it is presumed that all ceremonies have been perfromed. i want to make use of these two judgments in my case.
sir i did the following things to prove/establish first marriage of the girl.
1). 30 certfied copies of first marriage photos obtained from Suit filed by first husband.
2) Injunction order certified copy obtained from Suit filed by first husband to stop second marriage.
3) legal notice issued by the first husband to the girl before second marriage for stoping it.
4) legal notice issued by the girl to the first husband.
5) called first husband as witness in my case. he came and stated that he married the girl as per hindu rites and cutoms and the girl is his legally wedded wife of him.
6) the girl escaped into entering into witness box. she has not filed Chief Affidavit but filed a Memo stating that my evidence and first husband's evidence are sufficient to prove OP and also stated that there is no evidence from her side.
IN SUIT:
1) first husaband given his evidence stating the grils as his legally wedded wife.
2) mother of first husband given her evidence stating that the girl is her daughter in law who stayed in her house for 3 months.
3) here also the girl escaped from entering into witness box though 3 opportunities were given by the court.
4) her father also a party in the Suit, he also avoided to enter into witness box.
sir the priest was not examined who performed thier marriage as he is no more according to first husband's ans in cross examination.
sir is first husband is direct evidence or witness in my case to prove my case as priest or any other person who attended their marriage?
sir i want to utilise the SC judgments which says that when marriage is establisehd all cermonies have taken place.
sir in my case will those two citations are applicable to me?
Prakash
13 May 2012 at 18:56
Ld Counsels,
wife claims that more than 15 Lakhs incurred in marriage expenses by her parents and prays the family court for direction to husband for returning the said amount.
Husband wants to get the IT returns of wife and her father which will falsify their claims. Can the family court consider the application husband for production of income details of wife and her parents.
Thanks in advance.
Tauras
13 May 2012 at 01:19
Hello,
I have filed Divorce Petition in the family court on Cruelty Ground which is a pending hearing. Subsequently in order to harass me and my family member, wife filed application under Domestic Violence Act. Court passed an Interim order for Payment of Maintenance and Separate Accommodation. As per Order I have been paying Maintenance regularly and provided separate accommodation on Leave & License basis. Now 2 years have been passed not a single day she stayed there in the rented premises. She is staying along with her father. She wants to harass me and weaken financially. She is a professionally Beautician and Providing services at Mumbai. She denies in the court that she is not a beautician but she is a housewife. Based on that court passed an order for Maintenance. Can anybody help me about this matter ????. Is there any solution or provision in the act to get out from providing separate accommodation for not staying in the rented premises? She is taking maintenance in spite of professional Women. She has also filed 498A Case which is a pending hearing. Please Provide solution at earliest. If possible mail me at taurasv11@gmail.com
Law Querier
12 May 2012 at 23:02
Marriage sustained and registered in India. Husband and wife both is Indian citizen. Husband is living in India and wife has been living in Canada since 8 years. Wife came to India to marry and went back and planned to sponsor her spouse after she gets PR visa of Canada. Before the marriage, wife’s PR was confirmed. But, there were dispute between Husband and wife on telephone and wife decided to get divorce and filed a divorce petition through made POA to her relative in Family court of India. Now, according to immigration law of Canada, after marriage, a person has to change her marital status from single to Married in his/her PR application of Canada. Now, there is a doubt that wife has misrepresented or not disclosed to visa office of Canada about her marital status in PR application. I.e. she has showed single status instead of married status in her PR application although divorce case is pending in India and she has got PR visa of Canada. The question is if wife is misrepresented about her marital status in PR application of Canada then it is a crime according to Indian legal system? What should husband do legally in this case? Please suggest a good immigration lawyer in Gujarat or other state of India.
Kapdawala
12 May 2012 at 19:51
I have been going through a rough patch in my life. After marriage 2 years ago, my wife and I had lots of arguments within the first 6 months. I had just left my job and was jobless but doing freelance work. My wife was not working. At a point the arguments became so bad that we threatened to divorce each other. Unknown to us, my parents under the guise of family research got my and my wife psychologically tested. At the time my mother was behaving very badly with my wife. We were forced to go to a counsellor. I was given medication. I got a job, was working but my parents kept pressurizing me through the counsellor to leave the house. In frustration I finally moved out with my wife. We stayed together for a year, but things were difficult. We continued to have our arguments. My wife finally got a job and is working. She is also enrolled in an MBA program. I left my job in an NGO 7 months back. Was very emotionally disturbed in life. Not understanding the direction and what job to do. Financial insecurity and anxiety troubles. My wife earns 12000 and I would now get a job of 40000. We moved back to our parents home 3 months back. I moved in 7 months back. My parents have been forcing me to go to a psychologist, take medicine and counselling. My dad has Parkinson's disease and according to me is emotionally empty. He watches 3 - 4 times a day. My mother is filled with hatred towards my grandmother. They are supportive, but my father is a little crazy. He keeps insisting that unless I leave the house I will not learn anything. I am an engineer and have studied rural management. I left a well paying IT job to pursue my interests and passions. I taught in a school and worked in NGO, but have realized on my own that this will not run my family. I am now looking to switch back to IT. However I feel threatened and emotionally anxious about two situations - The moment I get a stable job, my parents will again start pressurizing me to leave the house. We are well to do with a 2000+ sqft house in Juhu. My sister got married 3 months ago. In my marriage I insisted on a simple marriage in the house itself. By nature I am a simple person. I am intelligent and hard working. I enjoy peoples company and care for others. Essentially my personality and thoughts differ from those of my parents. Neither my wife or I trouble my parents in any way like threatening them, abusing or torture. We are both busy in our own lives. I do not want to take medication all my life or keep going to a counsellor because my father will feel I am becoming okay. But if I resist then they will keep pressurizing. I am in a very difficult situation. I want to know if my parents can legally evict my wife and myself from the house. I want to focus on my career and make my marriage work. My wife and I both are loving people and want to live as a family in our house looking after my parents in their old age. I feel my parents have gotten it in their head that I am after their money or will become dependant on them. In their anxiety they are going totally crazy and pushy. The household atmosphere has stopped being normal. My father writes weird letters and tries to prove to me that there is something wrong in my thinking. I have no response to these. If I keep silent then I am labelled dominant, if I protest I am creating a bad environment. Unfortunately I am not sure this situation will improve. I have to deal with it. But at the moment I do know that there is actually nothing wrong with me. The only problem is that I had not anticipated such turn of events in life. I had often wanted to go abroad to study, but my parents kept telling me that family means to stay together. The problem with me is that at all times I really trusted and believed in my parents. I am very obedient in that ways and help out my parents in all ways. But my father is quite pushy and often inconvineinces the entire house with his projects. He is unable to move and walk properly. He is perverted and cannot be left alone. My mom has to be following him 24 hours.
Realizing the future trouble I just want to focus on my work and get some sort of financial independence from my parents and stability in career. But I am afraid my parents will untimely try to accelerate that process thereby causing more harm. If I know that legally they cannot evict me then for the next 3 years my wife and I can focus on stabilizing ourselves and then by choice move out. The anxiety caused by their threats would cease to cause mental anxiety.
I honestly do not want any part of their money. But am unable to get them to sanity. The house atmosphere is unloving and uncaring. No one talks, laughs or anything. My father is in his own world and my mom is left frustrated which she takes out on me and my wife. I just want to know if I should get too mentally anxious about being evicted. I know that at the moment I cannot be independent and there is nothing wrong with me just because I think this way.
There are millions of families in which children live with their parents. There is nothing mentally wrong with such children. It is just a clash of my parents expectations from me with my own personality.
I often feel frustrated and drained by it. I know my parents will not change. If I can focus on my work, then after 3 years my wife and I can move to her parents home. I am trying to figure out how to prepare the ground for the future, but my parents keep hurrying me along. It is then my mind stops working and I feel incompetent.
I sometimes think if I declare my self depressed then my wifes responsibility will fall upon my parents and they will be unable to evict us. I do not want it that way it helps no one. So what are the possible way out for me.
My parents are constantly a step ahead of me. Instead of worrying about them if I focus on my work then I will be successful. What should I actually worry about.
Sapandeep k
12 May 2012 at 17:02
Sir - My sister is suffering from a complex personality disorder which is evident from her behavior but hasn't been certified by a doctor as she never visits one. She is normal otherwise but sometimes her mood fluctuations make her aggressive, abusive & violent.
She recently had a divorce & is now living with my mother & her daughter at my mothers home. Her behavior sometimes becomes so violent that she physically abuses her daughter which is 8 years old & did physically abused my mother too 2 days back.
She is a danger to my mother, her daughter & herself too & is not in control of anyone. She appears normal to most people in general but me & my family knows that her behavior is so strange which can not be of a normal person.
What is the legal route i can take to safeguard my mother & my sister's daughter from her?
Regards
SK
JOTHIKUMARAN
12 May 2012 at 16:50
Dear Sir,
My neighbour friend married a girl and living a peaceful life. But his mother-in-law is living seperately in a village.She does not have any income. She is married to a man and raised two daughter who are now at the age of 33 & 27 (Both are married).
Her husband is having a illegal relationship with a lady from the year 2000. He raised a boy baby(Age 10) from her and living with her. Recently my friend's mother in law husband retired from the Indian Civil Service and got good amount of money.
Now her husband is not giving her any amount. 6 months before her husband came to her house to take photograph togother to claim money from the Government for the retirement. He said to her that if he produce the Joined Photograph to the Govt. he would be able to get the retirement amount and he will give her the share.
But he had cheated her and not given any penny of amount to her. He had bought land, vehicle and given some money to his relatives.
Does my mother in law has legal rights to claim for his pension money from her husband? Does the daughters has legal rights to claim the pension of their father?If so, how to claim and where to claim?How many days it will take to get her claims? Their family is very much worried and mentally disturbed.
I request you to kindly advise for this issue. Thank you.
Ashish Gautam
12 May 2012 at 13:56
Hi All,
I want your expert advice in one of the concern.
I need a divorce from my wife.
Wherein I have received a bond paper from wife side in which she has signed the copy and I have also signed the copy and given one copy to them and kept one copy.
wanted to know what is the procedure to file that bond paper in court.
Thanks
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How to know 498a status ?
I am a divorcee boy planning to marry a divorcee girl. I came to know from the lady that her ex husband used to torture her. But it took them almost 5 years to get divorced by mutual consent that was filed just half year back. this makes me suspicious that she might have filed a 498a and later gave a mutual divorce by exchanging money which is why it took long. So kindly answer my questions -
what is the quickest and safest way to find out whether she is a 498a girl ? asking her directly may not work as she may makeup some story if she had given some concocted tale in the past.