rsraghukumar
22 April 2012 at 20:52
sir as you all said that even one day when a man and wife lived to gether it comes under cohabitation, then i got a doubt where i saw in one of the SC judgments it is written as follows sir:
"where the partners lived together for long spell as husband and wife there would be presumption in favour of wedlock
. The presumption was rebuttable, but a heavy burden lies on the person who seeks to deprive the relationship of legal origin to prove that no marriage took place".
Sir from the above lines it is stated by SC that Long Spell. Then SC is saying that if man and wife is living together for long spell then only presumption arises that marriage has taken place.
in my case the girl stayed with first husband nearly 3 months. then above SC judgment is suitable for me. can i file in my present case.
Sir moreover the girl is also denying the first marriage in the court. she has also avoided to enter into witness box. but she is denying inthe counter filed by her.
will the above said SC judgment is suitable for me to prove my case?
Deepika Rana
22 April 2012 at 18:42
Dear All,
If I want to get divorce through mutual concern, please let me know the procedure for the same.
1.Do i need to file the petition in the court for the same?
2. Do i need to hire a lawyer?
3. How much time will this take?
Thanks
paresh zatakia
22 April 2012 at 17:59
Mrs.A ,has two flats (one self acquired & one inherited from her mother in law).she has 3 sons &1 daughter.she wants to transfer(before her death) both the flats to the youngest son to which other sons & daughter have no objection.
1)whether it will be gift deed or any other deed?
2)can society refuse to transfer,despite proper stamp duty payments etc?
3)suppose other sons & daughter object, can they object?
Regards
c.a.paresh zatakia
9833855518
rsraghukumar
22 April 2012 at 17:26
sir if wife and husband lived to gether for short period i.e for 3 months, will it comes under cohabitation?
Sir is any specific period is there according to supreme court of india to say if man and wife stays for specific period then it is called as Cohabitation?
Shweta
22 April 2012 at 17:19
I have married in 2004 and we have 3 kids ( elder son is 8 years and younger 2 twins are 6 years). We both are working. After marriage about 2 to 3 months we stayed happily. After that, he real harassment started like beating, mental harassment and even he stopped taking the financial responsibility of the family. Even I came to know about his illegal relations. The major part in this all problems is he, his mother , sisters and his family. He is having 2 sisters who were not married that time ( Now one sister is run away with one guy and one more sister is married). They are very money minded people and they were expecting my salary always. His both parents are working and mother is a headmistress in school. His sisters are not willing to work and they need my and my husband’s salary for their lavishness. As I denied to give them the money they spoiled our family life. Along with the bad habits like illegal relation my husband behaves like what ever his family tells him. In 2007 he left me and started staying with one woman with whom he had illegal relation. I waited for 6 months then consulted some counseling centers to make him good, even Bangalore commissioner office woman counseling centre has called his keep and warned. Nothing helped out. Then I fired conjugal rights case, then maintenance case on him. That time, I was fully struggling with my small 3 kids. But I had a job. So god saved me. But, I have taken loans and although I had job, I suffered financially because my basic expenditure for me and 3 kids + the loan amount was much more than my salary. Then in 2008, I fired 498A case on him and his full family. About 2 years the case run and in 2010 is family elders came and negotiated with me for rejoining. I agreed as I was expecting good life with him and as per there condition, I have with drawen all the cases on him. With in few months of with drawing the cases, he has shown his real face again and started beating and all the harassment started. Even he is not doing any f is duties towards kids. Slowly without my knowledge, he has taken all his things back and now since 5 months stopped coming home. His sister and her husband are also staying in Bangalore and he is the financial care taker of her family.
Now , I am completely fed up with him and no hopes of improvement. As, I have seen only pain in my 8 years of this marital life, I don’ have any emotion on him. Now I need advice on what is the best law or step in this situation for me. My main concerns are, I need financial support from him for my kids and the child custody should be with me as I do’t want my kids to grow in his bad environment and I want to know which is the best and quick law for the cruelty happening from him , his family and his sister’s husband and even his keep. Is there any legal way to inform in his office so that he can get warnings from his office also.
rsraghukumar
22 April 2012 at 08:29
sir good morning. sir i lost one judgment copy of Supreme Court of India. that judgment is about "heavy burden lies on the person who dines the marriage". It is 2010 judgment. If that judgment is available with you sir, please tell the citation address. its very urgent sir.
gourav arora
22 April 2012 at 07:10
i want to marry a girl. she is fighting a divorce case in panchkula court. her case is pending. but can i marry with her without any difficulties. Her parents want to get loss from their house. she is alone. she cant fight above said case without my help. she want to live with me.
Narayan S G
22 April 2012 at 01:13
क्या कोई भी पुरुष अंतरीम पोटगी केलीये न्यायालय मे दावा पेश कर सकता है की नही
जैसे की उसकी बिबी तो काम कर रही है लेकीन बिबीने जो झुठे मुक्कदमे कीये है उस मुक्कदमे के चक्करमे उस पुरुष का काम बंद हुवा है तो वह पुरुष अपनी बिबीसे अंतरीम पोटगी केलीये न्यायालय मे दावा पेश कर सकता है क्या?
Kamesh
21 April 2012 at 16:28
I have been separating from my wife for last 8 months. My lawyer is suggesting me to transfer or Gift my property to my parents before my wife send any notice to block me to transfer or gift. There are not single case from any side yet. But threatening from my in laws. So I put ‘NC’ in my area local police station.
Property was bought before marriage
She has not contributed in this property and has stay with me for only for 3 months.
She is earning and more educated than me. But less salary (10 k) than me( 25k).
My problem is that if I close my home loan by repayment and gift to my parents. My in hand salary will be increases and I have to pay her more Maintenance. So I’m little bit hesitate to close my home loan.
She really can block me to transfer or gift to my parents by sending any notice?
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Maintenace u/s cr p c 125 - i am filing petition against my son
Respected sir,
I, S P Goel, 57 years, not earning and working from last 3.5 years, wish to file petition against my son 31 who is earning Rs 2 lacs p m, not married, living with his mother, who lodged a Domestic Violence case on me and is going to claim Interim Maintenance from me thru court. Younger son 26 is student.
Sir, I request , pls give your opinion that if court order my son to give me maintenance , then after my death, my property will go him only or my wife or my son or as per my registered will.House is in my name, they all 3 are living separately sir
Pls help me sir
Thanks and best regards
S P Goel
Delhi 9810101999
spgoel118@yahoo.com