lancy
17 April 2012 at 12:56
thax for your reply for my previous query.now i clealry mention my application,as i filed divorce petition in 2010 sept on cruelty and deserted ground.and sent notices to my wife after 2 reminders she didnt reply anything,and i appeared in court in sept 2011 that is after one year of divorce petition.and after my statement the order passed and in the order judge cancelled divorce and on pen she has wriiten seperation and signed.and until now my wife doesnt know it nor they appeared in court.but before one week of judgement order she filed false 498A case on me and all my family members.and during that time i was in india only but the police tried to arrest me but as i had no leave i back to abroad same week,if i apply for bail n all it takes many days so i didnt go for all.and now that case transfered to my area station from wifes place as she filed it in her place.last week my wife appeared in police station and now she told only my husband n my brother harrased her.but its all absolutely false also she told we filed case coz he filed for divorce but police not recorded it.butmy question 1) wen i go to india next time is it possible to ask for anticipetary bail from abroad thru my advocate there or i have to be there in india for it? 2)if the order is only for seperation then after one year of seperation order that same case will be considered as divorce r i have to file one more for divorce? 3) as i had doubt over that order so my family asked many other advocates but all say this is divorce only how? really i am confused.4) even i reminded my advocate saying this is not divorce only seperation but he says no yu can remarry after 3months of getting this order.but next i go india after 1year of this order so what will be my next step? i am really worried.plz advice
ankita slot
17 April 2012 at 11:42
I m going to tell the fact of my case 1. My marriage was intercast love marriage after marriage for 6 months I live with parents as they are not aware of the same.
2.after some month my in-laws arrange an seprate room for us.we live there till 18 April 2008 my husband asked me to go to my parents home for some days and he went to his parents place by promissing me that he will agreed his parents to accept me.
3. On 18 may 2008 he told me to come with my relatives for meeting when we reached there my mother-in-law shut the door and started abusing us so we file n/c in police station then he filed counter N/C against me and my relatives.
4. On 21 may 2008 he filed divorce petition under cruelty ground.
5. On 5 July 2009 balif had served summance on me when I asked about the same to my husband he told me that it is not courts papers these papers are send by his father with hirelings to thretend me and he tored the same papers when I asked about the same to my in-laws they also told the same and till.March 2010 and my as my parents building went to redevlopment so we changed our residence but till I have each and every relation with my husband and he shows every concern towards me so I never come to his bad intention so didnot appears in court.
5. On 23 Dec 2009 family court pass an Ex-party divorce decree against me
6. I get divorce order by post on 9 Feb 2010 then I asked to my husband about the same as we meet each other on day to day basis this time also he told me that these are not courts papers and don't worry about the same
7.but this time I contacted the Adv for the same and as per there guidance on 3 March2010 I filed set a side application against Ex-parte divorce order and on same day I informed to my husband and in_laws about the same they told me that when they will get papers from court then only they came to court when I came to know about the date of my proceeding that is 16 April 2010 I informed the same to my husband and he told me that as he had work pressure when he will get paper from court then only he will attend the proceeding
On 5 May 2010 court served summance to him but by the time on 1 may 2010 he performed his second marriage
My set-a-side application is rejected under section 5 of limitation act that though summance was served ...
I filed appeal against both that is Ex-parte order and another on dec 2010
My äppeal is addmited by consent my matter is restored on 26 April 2011
Now I want to declare his second marriage null and void. In my privious qury I have attached order copy of high court as my financial condition is not proper that's why in family court I have not äppointed Adv now my sister is helping me in this matter so I want the citations to prove his marriage null and void and from last 4 years he had not paid me single rupee so please guide me in my matter
lancy
17 April 2012 at 07:27
sir i have got mail from experts saying seperation is not civorce and its permission to stay seperate through judiciary,but again when i asked my advocate he is saying as in catholic christians judgement cant be given as divorce so they given seperation,but i have no problem to remary he told.but i doubt is what if they dont appeal until one year for my seperation order and how i go ahead with this order to get mary again and>i have reciedved order thru senior sessions court,and where they can apply against this order in high court or same court?even after i got this order and before one week she has filed false dowry harrasment case against me and she doesnt know my seperation order yet,so how i proceed as i am in abroad and what step i have to taken as i still not appeared in police enquiry as i am in abroad.plz advice
bhanuvkk
17 April 2012 at 02:15
Hi i am bhanu, married for 8 months but problems started from 1months aftr marriage.
My husband mentally harrassed me and threatended and forced me to write note that i am willing leaving him (whereas he forced me for to leave); and later was showing that he is wanting to tk me back but i am not going (he n his sister created fights again the same day i told i will come to live with him); later he said he will go legally; n now he said he will tk me along as he is going onsite (he knows very well that his company wont give me work permit; so i cant come onsite coz i cant work n i hv finacial commitments here) n that he is also selling his property. He even sent tranferred 3,000 to my bank acount without my knowledge after i last spoke to him and said that he was giving for my expenses, but since our marriage we were living in different cities n he never gave me any money - LITERALLY not even a rupee. Also, i strongly feel that he has a psychological disorder ( i have seen his depressions and also his mentalness - shouting and screaming and doing/saying things in rage)
I spoke to him abt going along with him onsite; he denied all the options that will workout for us to be togather; so i finally said tht i agree wht you said last time of you going legally; then he said ok then we both agree for mutual consent - i said yes for that. He was supposed to come last week but dint come n he is not picking my calls and haven't returned them its been 2 days.
My questions to experts:
Can i get divorce///MC within 1yr of marriage as i am sure that he is only playing games with me n to show everybody that i am not going to him (which is nt true) and also the fact that he will be leaving abroad for 4-5yrs now; slim chances of he coming back.
If yes, what is the process and any lawyer from Hyderabad can help me on this.
Vivek
17 April 2012 at 00:06
Hello, I need some suggestion which I am facing in my family. I have a love marriage and my father was opposed to that and even my sisters. We have registered our marriage in a court too. Now the issue is I am single son of my family and I have 3 sisters. 2 Got married and one is unmarried. We tried to convince my father about our marriage but he still not agree with us as my father listen from the start of my elder sister. The intension of my elder sister is to get the house on her name of divide the property between 3 sisters. My father listen to her always. I stayed away for my home aroung 15 years for studies and all. My elder sister telling to my father that ur son got married he will not take care of you but I wanted to take care of my parents but my father is too much influence with my elder sister. all members my sisters and father harrasing my mother and the reason behind that I will take home my mother and my sister can stay at my home and also she can use my fathers pension too. She is saying after marriage also I belongs to this family. To make this house i did work and i have rights on this property. As one day my father said to me please come here and devide the property as my sister told him like that and my father listen to her. I told to my father you are still alive and why you are talking like that. I am so much caring about my parents but because of my elder sister only my father not listen to me. My mother realise my sister's intesion about the property and thats why they harrase her. Please let me know what should I can do as a son. As I cant believe that sisters also can do like this. Oppose to my marriage is only for property nothing else otherwise for a single son no one father behave like this. Please suggest some solution on this.
radha raman karmakar
16 April 2012 at 20:33
LOTS OF THANKS TO THE SENIORS THOSE WHO SHARE THEIR KNOWLEDGE AND GUIDE ME
i am realy shocked after getting married and came to know from her behaving that my wife having a mental disorder problem . actually the parents of wife made it cunningly and hiddenly.but got her treatment with Professor, Deptt. of Psychiarty I.P.G.M.E. & R.KOLKATA and also M.D. of Psychiatry,during treatment of the patient, written the consent of my wife, my mother in law and me too in his letter pad(Dr.prescription form) and then prescribed medicines which is applicable for mental disorder as per medical science.
Is it sufficient applicable ground for suit of nullity of marriage?
SUNIL GEORGE
16 April 2012 at 19:35
Dear Sir,
Let me introduce myself. I am working in Kuwait Ministry of Electricity as Engineer (on contract basis) since Jan 2010. My marriage (christian) was on April 30th 2011 (last year). She is MSc in Microbiology. After marriage we stayed there in India together for 35 days (upto June 5th). Then I cam back to Kuwait. During that She never allowed me to touch her from the !st night itself. That time I thought She like me later on and will agree for sex. So I waited. She kept all her ornaments at her mom's locker. After 1st week of marriage she started to ask me a plot in bangalore in her name (arranged by her uncle- the plot belongs to Trust by church in bangalore in which her Uncle is a member) . AS I was not having much balance after marriage I refused. Then she asked me to get bank loan. Then to win her heart I tried but as the bank took much time I cancelled the loan request. Then I had to join duty in Kuwait. Before marriage we were engaged for 2 months. After very few days of knowing each other she asked about my bank details and I told her everything. There was not much money was there. I spend lots of money to look after my grand mother and my parents. As I was working abroad I had given my ATM card to my mother. I told her everything. Then she asked me to stop giving money to my parents as my father was having pension. But as it was not enough I was giving money to my parents. But never they miss used any amount. So I refused and continued paying money. She never liked that. Before marriage (4months back) I had bought a new car (Fiat Linea). I took it with loan. After marriage my wife and her dad asked me to sell my car as my car was used by my parents. Hoping that she will like me I agreed first. Even she refused to go for a tour. But still there was no change in her attitude towards me as I refused to buy plot in bangalore. So later I told her I wont sell my car as well. Mean time she asked me to buy a flat in Cochin so that when we come from vacation we can stay there. I disagreed strongly saying that I want to Stay with my & her parents during 1 month vacation every year. Due to all this differences we were not having any sex. Then in August 28th I take her to Kuwait. Even at 1st she refused to come saying that she cant part her mom. After my request she came with me. 1st day in Kuwait she didnt allowed for sex. But she had so may boy friends to whom she used to chat. So I was angry and questioned abt any affair. As she was also stubborn she refused saying that before marriage she can do anything of her like. In anger she cought my neck. Then I slapped her twice asking to take her hands from my neck. I had some scratches in my neck. I took some photo of that. Next day she called her dad and told everything. They told her to stay with me and clear the differences together talking. Then we agreed to stay together. After 2 days we had our first intercourse. It was a bit difficult first. But from the 3rd day we started good sex for about 12 days. Then came another problem. Before marriage they told they will give 20 lakhs including gold. I said infront of my parents that I dont want. After fixing marriage (before 2 months to marriage) we went to buy gold and dresses for our wedding. That day they give 5 lakh in cash. At 1st i refused to take then her dad kept the amount in my car saying that this is a custom. As my wanted to make grand marriage function I used all that amount for marriage. Even I had to spend 3 more lakhs from my pocket. When we were in kuwait living happily her dad again compelled to me to buy plot this time in thrissur saying that they will give 5 more lakh. But the remaining 6 lakhs I had to pay. As I had spend aroung 2-3 lakhs to set flat in Kuwait and to get visa & for her air ticket I told no. Then she started making problems then I strictly told her to do the house hold works (before we used to do everything together: cooking, cleaning etc.) Her parents used to call her when I go for my work. They asked her to come back. So she told me that she want to leave. I refused. At that time I didnt had much money to take ticket as well. Even she started not speaking to me from that day. Then after discussing with her brother and uncle I agreed as they to she will come back after 2 weeks. As I was not having much money her brother took ticket and took her back to home on November 1st 2011 (he send the ticket to my mail). After reaching home they refused to end her back. then I went in Jan 2012 for counselling. The doctor was arranged by her father (he is professor). As they knew the doctor before (I didnt knew that before) during counselling they never listened to me. Even they asked me to come early morning to hospital every day. As per them me & my mother went for 3 days. In that 2 days they came afternoon only (I had to wait from 8am to 2pm). Then I understand that they want to trouble me. Then from the 3rd day I stopped going for counselling. Bcos of thet Her dad was too much angry to me. Even he threatened to me saying that they will file CRPC against me & my parents. Due to fear next day I came back to Kuwait. After 2 weeks I send RCR to her through my advocate to come to Kuwait or to my home (in my mother's name) in palakkad. She reused through their advocate saying that I am doubtful towards her (affair), I took all her gold of around 640gms (they buy only 240 gms of gold with bill for marriage), I am impotent, used to come from office to check whether there is anybody there with her in the flat, I am mad like that. Now they want mutual content for divorce asking to pay 10 Lakhs as compensation. but agreed that gold was with them only. Even my gold (80gms) was with her. I also dont want to continue. I am ready to pasy the 5 lakhs I got. But I cant pay more. They are threatening to file criminal case against me. So what I have to do? My parents and younger brother is in fear of arrest.Please advice me. I have some proofs that she was happy with me in Kuwait (Some audio clips of he singing songs & photos taken together) Thank you so much for your valuable advice and support. Awaiting your reply.
B Pradhan Singha
16 April 2012 at 19:08
DEAR ALL,
FOLLOWING ARE THE STORY OF MY WON. I AM A HINDU BOY GOT MARRIED WITH A MUSLIM GIRL ON 27/03/2012 UNDER SPECIAL MARRIAGE ACT. BUT AS SHE MARRY ME WITHOUT HER PARENTS CONCENT, HER FAMILY FORCED ME TO RETURN HER BECK. UNDER GUN POINT I WAS FORCED TO LOOSE MY POSITION ON HER. WE BOTH ARE 28 YEARS OLD. AFTER GETING HER WITH THEM, HER FAMILY ARRANGE A MARRIAGE WITH A MUSLIM BOY ON 01/04/2012. NOW LET ME KNOW HOW CAN I GET HER POSITION. PRESENTLY SHE IS FORCED TO STAY WITH HER 2ND HUSBAND. I HAVE MADE NO FIR/GD AGAINST THEM BCOZ I WAS FEAR ABOUT THEIR THREAT. IS HER 2ND MARRIAGE IS LEGAL? WHAT SHE CAN DO TO GET RELEASE HERSELF FROM THE CUSTODY OF THE 2ND HUSBAND. CAN SHE SUIT A CASE OF RAPE/KIDNAPE AGAINST HER 2ND HUSBAND?
Member (Account Deleted)
16 April 2012 at 18:52
Dear Sir,
I am having queries regarding divorce case.
1)What is the procedure of counseling in the family divorce cases.
2)What is the duration of this counseling in non- mutual divroce case. ?
3) Can respondent request to the court for this counseling at home.
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Sir
my husbands divorce petition is restored at family court on 26 March 2012 from the stage of written statement filed by me.my husband had given consent to remand the matter back and with consent of me and my husband divorce petition is restored