ZAHEER HAMID KHAN
23 October 2018 at 12:50
Dear Experts,
Please hep me with information on rules for filing divorce if the marriage is performed under special marriage act.
1. Is there a separation period necessary if the divorce is to be filed on the grounds of cruelty.
2. Is verbal abuse, physical abuse by wife to child in front of husband and thrashing husbands parents out of the house comes under the cruelty if proven with evidences such video/audio recordings.
3. If the parents are separated by wife as a condition by wife then can the husband desert the wife and accommodate with parents and file for divorce immediately on grounds of cruelty.
4. If the wife is beating the child and abusing the child in front of husband can be termed as cruelty.
Please provide your opinion I want to file a divorce petition on the grounds of cruelty, we got married under special marriage act in 2012. Currently I have moved my parents as it was demanded by my wife. My wife currently blackmails me and threatens me to harm my 4 month old daughter if I decide to accompany my parents. Now she is not even allowing me to visit my parents and take my daughter to meet them. Please provide me your opinion as to how should I proceed to file a divorce.
Thanks
Zaheer Khan
V.N.K. MENON
23 October 2018 at 07:43
HISTORY OF THE CASE
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A false d/v case was filed by my son’s wife. I, as R-3 (Party in person) submitted several evidences, like Police Control Room Report, telephonic conversation about atrocities committed by her father including bundling her into an asylum – which are incontrovertible and unimpeachable evidences. Evidently the d/v is by indoctrination and conspiracy with her father. She became greedy and filed the d/v complaint.
1) I had submitted an application for dismissal of d/v complaint on the ground of being time-barred, meaning filed after more than 1 ½ years when there was no domestic relationship in existence. Whereas S-468 CrPC and case laws, the complaint should have been filed within 1 years. [ STATUS: PENDING].
2) I submitted an application from exemption from personal appearance due to my age (70 years) and asthmatic problem. [STATUS: LISTED FOR DECEMBER]
QUERY:
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if I file application for PERJURY & DEFAMATION before reaching finality, can it stand.
A considered opinion and guidance of experts shall be of much help to decide my next course of action. Opinion of experts had been of much help in the past. I am an advocate, but cannot be a judge in my own case and third party opinion is of much help.
Ghanshyam
21 October 2018 at 02:59
In a matrimonial case, IO has seized some personal items, clothes, documents and utensils from in-laws house without any stridhan articles list or bills and put charge of 406. Now the charge of 406 has been framed in court. These articles has been handed over to the complainant by court. (1) What will be the further course in this case. (2) Is this case still open. (3) What steps to be taken by respondent side to safeguard themselves
Anonymous
20 October 2018 at 22:42
Dear Sir,
We have a land property which is in our mothers name.Can my mother give the land through gift deed to my brothers without my consent.How can I get my share only.
kavkaz
20 October 2018 at 18:22
Respected Sir / Madam,
My wife has approached RTI w. ref. to her DV suite filed against me in Mumbai district court. In the proceedings, Honorable court has passed an order of Interim maintenance before 3 months. Since past 3 months, my wife (or her advocate) has not submitted any evidence / affidavit and thereby in the last hearing, honorable court levied a minimal penalty to my wife for delaying the court proceedings. My wife stated to the Honorable Court that she has approached RTI for collecting evidences against me and has asked for 1 month's time for submission of the same.
My Queries
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1. As per my understanding, filing of evidence / affidavit means submission of proofs that Domestic Violence took place. Am I wrong in this understanding? If I am wrong, please let me know the meaning of evidence / affidavit in this context.
2. Which kind of information can RTI provide to my wife as I am NOT a State / Central Government Employee?
Thanks and Regards.
Gulam Abbas Siddiqui
20 October 2018 at 13:45
I will give you a brief of my situation. I am a Sunni Hanafi Muslim who holds OCI as well as Australian citizenship. I got married on 16 July 2017 to an Indian resident girl. I stayed in India for 12 days and returned to Australia on 1 August 2017. My mother holds Indian Passport and my father holds OCI as well as Australian citizenship as they reside in Australia as well with me. The marriage was conducted under their presence. Once I returned to Australia my wife starting behaving very arrogantly and started demanding huge sums of money for her parents. I tried to explain to her politely the gravity of husband and wife relationship, but she never listened. On 28 January she cut off communications and on 1 April 2018 she sent a text message falsely accusing my mother of talking to her brother-in-law and making dowry demands. Then on 22 May 2018 she went to CCS Women's cell and made false allegations and lodged a false 498a case against us all accusing us of taking 18 tolas of gold and giving 5 Lakhs in dowry and non-consummation of marriage. This all wrong as she and her family lives in a rented house with weak financial background. I had married her without any demands and didn't make any even after marriage. The police officer there had filed FIR only and he is intentionally not filing any chargesheet. I will be thankful if you can please guide me as to how to divorce this woman under following proper Muslim Personal Law and how to quash this false 498a case altogether.
Saleem
20 October 2018 at 11:14
Hi All, I got married around 7 months back according to muslim culture. I came to know about my wifes affairs around 2 months back. I questioned her abt this. She refused saying all this as rumours. she went to her parents house and started living with them. Now she is threatening me and my parents with false dowry and domestic violence cases. I have a phone recording in which she has clearly said that we have not taken any dowry. Will this help me, if she lodges false cases against me. I am planning to give her divorce according to sharia law. I am sure she will lodge false cases against me. Can you please advise.
Arjav Mehta
19 October 2018 at 09:34
A lady who stay separate from her husband with her daughter, now husband continuous called him and asked him where you stay and give me the address, i would like to meet you and i want to see you that in which condition you both are stay, A lady already filled HMP 13 against husband and also filled Sec 125 for maintenance.
Husband also complaint in police station that his wife is missing and a lady present in police station and give the statement that she's independently take decision to stay separate without any help.
Husband continuous call him and disturbing on call ,,, please guide in this situation how to handle him
Anonymous
17 October 2018 at 22:50
Hello sir/mam,
Me and my husband have his marriage done last year.We are muslim and we do have our marriage registered with nikah nama and govt issued marriage certificate. He have his first wife too with him as i am his second wife they are not separeted yet and they both are in canada because his first wife was the one who was sponsoring him for canada so he would get separated from her in near future.me and my husband have a small 4 month baby so me and my baby wants to travel to him for tourist visa as of now and we want permanent residency later once back.my husband do have his PR card of there and i am applying for tourist visaa through a consultancy.Could you please let me know what are the risks for visa and would it create a issue on my husband's PR as his first wife is already there in canada.if yes is there any possible alternative we can try for now.
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Urgent helllp
Good Morning to All,
My situation is non tolerable. actually i have two friend (both are girls say 'A' and 'B'). i never met both 'A' and 'B'. i had just talk over phones and chating in facebook. both are my best friends. 'A' is my first friend than 'B', means firstly i and 'A' are friends then 'B' came into my life. later 'B' is too close to me, and we both are in love (i not met her, we are lovers but not had s*x, we have talks over phone and facebook chatting). all this things between us is know to 'A' also. unfortunately, 'B' is married with someone (out of her family problems). and after few months, 'A' proposed to me saying that, she loves me like anything. i just refused her, since i saw her as my best friend thats all nothing more. and she is my friend when i had a love with 'B', so i dont have that intension on her. it is worthwhile to mention here that, i not met either 'A' or 'B', i had just talks over phone and facebook chating. i never told to 'A' that i will marry you like that. i never given any promise to her. but now 'A' is telling that you just cheated be, you are a idiot person, i will go with law like that ???? can anyone tell me that, is it i done any wrong ???? do she has any right over meee ??? my stand is, i never met her, i never promised her (even over phone or in facebook), am saying it is just friendship but she argueing that it is love ??? my query is,,,, how a law will deceide our relationship is love or friednshippp ????
thanks in advance