kiran
11 May 2012 at 10:54
Sir,
Ours is an inter-religion marriage under Special Marriage Act. Both are following our own religion. We both wish to give 'freedom of religion' to our kid i.e., when he becomes major, let him choose/opt any religion according to his wisdom.
But, the school authorities are insisting us to mention religion.
Now, my queries are:
(i) "Whether can I declare my kid's religion as 'INDIAN' or 'Non-Religious' [General category]?
(ii) Are there any supreme court decisions/case laws in support of our wish?
(iii) If they insist, is it necessary that the father's religion has to be mentioned for the kid?
(iv) Are there any statutes to exclude mentioning of Religion in school admissions?
rajiv_lodha
11 May 2012 at 09:10
A contested divorce on cruelty ground is running against wife for past 2 years. Its still on ‘petitioner’s evidence’ stage. Meanwhile Sec24 application is not PUSHED by the opposition (wife in govt job, earning 45k).
* Not-Pushing of sec24 by girl side for such a long time may weaken her claim?
* Is it wise for husband to bring forth the issue OR allow it to die its slow death
* One nice day, if girl revives her sec24 application down the lane, does the husband have to pay the pending maint. too, from the date she applied sec24?
* Suggest the best way out
rajiv_lodha
11 May 2012 at 09:06
Husband fears that some private complaint is running U/S 156 (3) in CJM court against him by his wife as she failed to register FIR (498a+406) at CAW cell despite of her full efforts. Is there any way to know the truth about such PCR through RTI to the court. Wife’s city is 200km away from husband’s.
Rajat sahotra
10 May 2012 at 19:49
Experts,
A final order to pay maintenance was passed for Rs.750/- in the year 2008 and the husband was paying Rs.1000/- every month to wife but no receipts were received from the wife. Husband is of seventy years old.
Order of 125 Crpc was never challenged by husband from last 4 years.
Now she(wife) goes to Para legal Cell, complaining that no maintenance is paid and gets a document signed by her husband where husband was asked to pay the maintenance and vacant a room for her wife. These two rooms were build by the husband on his relatives land and husband was only in possession of the rooms.
Husband lives along with his son and his wife and two sons(grand children)in that two room.
His only income is Rs5000/- from his pension.
What remedies does the husband has in this case?
rsraghukumar
10 May 2012 at 19:29
good evening sir
now my null and void petition is under appeal in High Court. i filed on the ground that the girls first marriage is still in subsistence. court decreed in my favour. gilr approached HC for an appeal. sir in lower court she totally denied the marriage. now in appeal she is saying that saptapadi is not visibile in the photos.
sir can it possible to ask this type of question when she totally denied her first marriage.
sir in first marriage Lajja Homam is visible and in that photo Brahamudi is visible and immeidate photo is Arundhathinakshatram can be seen which is last occastion in marriage. (sir particularly saptapadi photo not seen) sir i heard that in hindu marriage if some cermonines have performed, presumption is there that all cermonies have taken place. is it correct sir?
sir now her counsel is asking even purohit was also not examined, he is taking that plee also. but first husband said in cross examination that priest is no more. and in cross examination of first husband the girls advocated not asked any question of cermonines perfomred in their marriage, but simply he asked one question that there is no marriage between first husband and that girl.
sir is there any SC judgment regarding presumption that all necessary cermonies have taken place in hindu marriage if some sort of cermonies have taken place.
harassed
10 May 2012 at 17:53
I'm married since 2007.Things went well for a year.(problem started when my father refused to come down to my house to stay with my wife during one of my office trips to abroad for 2 months).Then started the usual nagging of my wife stating that I should not talk to my father and also should not support him financially.My father is residing in a different state and me in a different state.My sister who is married is also staying with him as her husband is frequently out of station for his business trips.Now my wife demands that my sister should move out of the house and my fahter's property to be transferred to her name.And she is constantly threatening me with suicide.In fact she threatens to suicide for any small argument/dispute.I feel harassed as I keep telling her that its not our business to see into my fathers affairs as he is living 1200KMs way.But she wouldn't listen and her parents are also vouching for her demand.She is a working professional..She doesn't want to participate in counseling.. Is there any way to protect me legally if she does something stupid as she threatens?..
praveen
10 May 2012 at 17:29
My marriage was held on 29May2011 after reception she was told to give divorce since not interested to come & live with me, just after 2 days. From then we are separated, We didnot had first night too.
She told that not intereseted on me and my life style so needs divorce.
So many times we called them to discuss but finally we met on 21-Jan-2012 for discussion with all elders. She clearly conveyed not to live with me wants divorce. She was in dreams to spend her life with lavish, she thought her needs may not fulfill with me.
But till now they didnot come to the lawyer to sign the papers, just delaying.
Now they says she wants to go foriegn for job long term.
If she is not available in India for mutual petition and filing then what will happen?
What should I do? How will I get divorce?
Pls suggest.
Swapan Mukherjee
10 May 2012 at 12:40
We four siblings (two brother and two sisters) were left the family property in Kolkata by our father in his will.
Certain areas are clearly marked out in the will, indicating which sibling would inherit a particular area, while the two floors are not clearly marked out, except that the ground floor would be shared by the two brothers and the first floor by the two sisters.
The question I would like to ask is the scope of mutation required. Do the clearly indicated areas come under the purvue of mutation like the two floors, which do not have any clear indications, except what is mentioned above?
Any advice would be greatly appreciated.
Many thanks.
Swapan
Mrunmai Deshpande
10 May 2012 at 06:57
I am a person of 42 years of age and have a son and wife. Together, we stay with my parents in a flat owned (not inherited ) by then. Before pregnancy my wife was working and earning around Rs8000/-pm. I am currently suffering from paralysis of both the legs and writer’s cramp and so unable to work and earn. We are already a burden to my parents though they never complain about it and meet all the expenses of our joint family. My both the parents are retired and meet the expenses of our joint family through the pension they get and interest on Bank FDs. As I am unable to work and because of my disability my wife has deserted me and currently staying with her parents. My son is also with her. Her parents are well off. She is trying for a job there. She wants divorce from me. I am under tremendous pressure since I can’t earn. How can I give her alimony and child maintenance? Please help me in suggesting a suitable solution!
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Nilesh dalvi - mental torcher from wife - seek divorce
Dear Sir / Madam,
Myself, a Maharashtrian boy got married in dec 2007 as per the Hindu Marriage Act.
now we have 1 daughter aged 3 years, we live in joint family ( with my parents ) in Mumbai – Thane.
but its been 4 years for my marriage, but we could not enjoy even a singly day of happiness. My wife had ruined our life. Myself, my father & my mother are suffering the pain every day & just waiting to either somehow get rid of it or die all together. It has been tremendous amount of mental torcher. Because of this my mother got sick, I got sick, my father had got paralysis attach recently & is due for angiography. We are dying day by day.
This is because my wife fights with me every day. she never respect me, my parents, my relatives, always insults them, very short tempered, extremely arrogent, egoestice, ghamandi girl. she did not marry me willingly. Actually she wanted to marry one person ( I dont know who was ), they fricked out together, spend lot of good time with each other. She proposed to him but he refused to marry her. As a result, my wife agreed to marry me just for the sake of marrying with somebody.
basically, she is from rich family where she always lived in comfort zone, happy life, big bunglow, cars, all sofistications in life. Whereas, i came up from a very poor family, i do not have even a bicycle. but with my education, hardwork & dedication i progressed & still progressing.
Previously we used to live in a small house in thane with a ICICI Bank home loan of 4 lacs. Since my wife was used to live in big house like at her mothers, she forced me to buy another house which was beyond my financial capacity. She made my life miserable till I bought this new house with another loan of 25 lacs. I was not in a position to bear this, at the same time lost my job, all worst things happened till I got another job. Inspite of this there is no peace of mind in our life.
I have been very honest with my wife & I had always been like that. I have never indulged myself in physical or any other relationship with anybody except my wife. In spite of knowing this, my wife torchers me every day, does not allow me have physical relationship for 3-4 months at stretch. What to do god!!!!!!!! as a result I get frustrated….naturally…but then she takes doubts about my honesty & insults in front of others.
my wife does not want to shoulder any responsibility, she do not even take good care of our daughter, always sleeping, always dausy, very dirty, in short she messed up my life. She is very selfish, cunning, cruel minded, extremely lazy, asks me to do all her work. More to this, her mother motivates her & all her parents & relates encourage her to such things.
Now my wife alongwith her mother have started some more mental torcher by forcefully coming & staying in my house & asking me to get out of my own house. My wife is saying she does not bother even if I die…. She did not cared right from day 1.
we all are now fed up of all this & want to get rid of it.
i want either judicial separation / divorce from my wife & also want to have the custody of my daughter who is 3 years old.
Please advise me on the following grounds:-
1 what is the best way for us to get rid of my wife?
2 what I need to do to get the permanent custody of my daughter?
3 I do not want to pay a single penny to my wife as alimony. Is it possible?
( this is because, in spite of being working & drawing a handsome salary, my wife did not contribute at all to our house for expenses & upbringing, medical treatment of my daughter).
4 I want to teach her & her in laws a real lesson for ruining our life &
making our every day like hell.
Please advise me what to do? Specifically on the above 4 points.
Please advise me step by step procedure to be followed.
Thanks & Regards
Nilesh Dalvi
Thanks & Regards
Nilesh Dalvi
9833085190