asmita0009
28 February 2012 at 18:48
Dear Sirs,
Just after one week of marraige my Husband had started mental Harrassment and sent me to my maternal Home. But as without taking advise of my relatives, i left the home and leave my all stridhan at my matrimonail Home. Appro 80% stridhan is given to me from my parents. We have Bills and evidances for the same.
Then after leaving the Home My Husband had filed Nullity petition against me and Now case is going on in court. From the 1st day i had clear the Hon court and Advocates of both sides, and councillors that i want to get back my stridhan first. It is my own property and as per Hindu customs and laws i am entitle to get them back. so, court should have to starts the hearing first on this Application. But the Judges and advocates and couincillors had the opinion that streedhan matter can be taken in at the end of case.
So, due to various reasons since last 3 years the hearing could be start on stridhan. Meanwhile my advocate had started cross of the petition and now it is in initial stage.
So, what is the actual truth? How i can get my stridhan back as soon as possible?
Ratnesh
28 February 2012 at 15:02
Can you please tell me if the computer is no more in use, I mean has been not in use for past 9 years, and some mails have gone from that computer with a server which was different and now longer is used, in that case can IP address from old mails can be traced?
Also if a service provider is no more there in the city, and hence services are discontinued by the service provider, can the IP address still be traced. Again the computer no more exist from where the mails had been sent.
It is relevant to the case of my cousin. Please guide us.
Thank you very much
JAYESH
28 February 2012 at 13:13
Dear Sir,
I need your sincere advice to clarify some of my doubts.
I was a widower with 2 kids (One boy is 5 year old and other boy is 10 years). After walking in a dark tunnel for about 1 years, I decided to get on with the life again and I re- marriged on 19/01/2012, who was divorcees with one daughter, aged 12 years, living with her and who has accepted all the responsibility of her daughter after divorced.
Now, my question are :
(1) Is it possible for me to put my name behind my new wife’s daughter’s name ? If yes, please advice, How ? What you advice at your point of view ? My daughter will get her school admission in next June, shall she get my name behind her name in her new school ? Please reply.
Regards,
Jayesh
(Surat)
K.padma
28 February 2012 at 12:12
Respected Sir,
My Grandfather had 2 sons.my grandpa expired 5 years back.my father had one site with his name but the site documents are with my uncle. without my father signature my uncle sold that site.
Now,we want to go to court. In which section and which case we file the case in court . pls kindly give suggestion ...
Maitri Gda
28 February 2012 at 11:39
What proof required to proove adulteration of wife with other man?
wifebetrayed
28 February 2012 at 10:49
hi
medition over in family court, it failed now case would start.
Can i file CRPC 91 requesting for certain document on first date of hearing which are nesccesary to prove false petition given by wife in court.
document like travel ticket booked by FIL. It is allged that she was force out of house my parents, while her travel was well plan in advance around a month back time, husband and wife were living in a different city.
document like payment details by husband for wife higher eduction. Husband is accused of treating wife like maid.
document like visit to dr in hosptial, where husband was called to sort out any difference bw him and wife, but in chargesheet it is mention husband came to her home and demanded huge dowry and informed in law that he does not want to continue relationship.
Ranganath
28 February 2012 at 08:46
Ld Counsels,
In counter to the impotency allegations husband had complained that it is the wife who is responsible for non Conssummation of marriage. Wil this undisputed position of non-conssumation of marriage irrespecive of who is the reason for it rise a presumption of impotency against the husband if he is set ex parte.
There is no medical evidence except the statement and counterstatement.
Thanks.
ram
28 February 2012 at 06:36
Dear Sir,
I had filed a RCR case against my wife in June, the ex-partee decree was passed in my favour in Oct-2011. I received the Judgement copy only in Feb-2012 which was served to her. Now she has wants to reopen the RCR case. Is it possible? what is what is the re-appeal period time limit.
If there is a provision for her to reappeal what is the procedure that she has to follow so that I can be ready for anything.
One more question if the Decree is passed in Oct 2011, is she supposed to be in her matrimonial house by Oct-2012 failing which I can apply for divorce or is it from the date of serving the judgement copy to her.
Thank you.
Ranganath
27 February 2012 at 23:08
Ld Counsels,
The court had set husband ex parte in the OP filed by wife but no ex party orders are passed. Husband filed IA to strike out pleadings which is also dismissed in default due to non-appearance.
Will Order 9 Rule 13 be applicable when the final hearing is over after setting husband ex parte, taking documentry evidence and the OP was adjourned for "perusal and orders". SC had held that if the proceedings are adjourned for orders the cause of action for order 9 rule 13 wont arise which will only arise after pronouncement of ex party judgment. Is this relevant in this cse.
Further there was a IA filed by husband pending in the same OP, which is also dismissed in default. In this case could the IA be restored and considered for final orders in OP even though husband is set ex parte in the main OP. Husband had also obtained a direction from HC to consider all points rised in the IA by husband during final disposal susequent to this direction the IA was dismissed in default.
Kindly clarify.
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Divorce - wife having heart disease which their family kep hiding
I know this could be too much of details, but still..........
I got married in Rajasthan in Feb 2012 and got the marriage registered under Special Marriage Act in Mumbai in August 2012. I am currently working in pune and my wife stayed at Mumbai at my parental house. I used to be traveling to Mumbai on weekends, other offs and working from home at times.
We had a good news - My wife had got pregnancy in July 2012 and since August 2012 she was at her parent’s residence. Unfortunately, in the last week of September, my wife called me up and said that she has been advised by doctors to get the pregnancy terminated due to increased pressure on heart and low blood pressure; otherwise her life would be at risk.
Due to these complications involved, I (while in Pune) asked them to go ahead with pregnancy termination but at the same time take advice from more doctors, if required.
Considering the complications my father-in-law got her admitted in Bombay hospital and later on her pregnancy was terminated in the first week of Oct 2012. I was present at the time of hospitalization.
While discharging her from the hospital, my father-in-law asked me to comply with the Medical Insurance formalities (which he had taken for his family since 2002) and while doing so, in a hurry he gave me a paper, which said that -
“The lady has got Dilated Cardio Myopathy (heart disease) since 2002 and has been under treatment since then. She took the medicines for 6 years but since last 4 years she has not taken any treatment. It further mentioned that this case has reached second level and the Left Ventricular Ejection fraction (LVEF) is working at 30% (normal range 55-84%) and also she can’t deliver a child in future too, unless the LVEF improves significantly”
I was under complete shock for many many days that my wife and their family did not disclose the facts with us at the time of engagement/marriage. After 15-20 days of recovery, I asked her to bring all the papers from the past hospitalization and only then could she enter my house.
She did that and now I have got all the papers and evidences with me which I got them verified by couple of cardiologists. According to them, the disease can not be cured, but with precautions in lifestyle, she can live a little longer, but always has the risk of Heart Failure at any time.
I asked her to tell me the truth, but she still doesn’t, she says I haven’t taken any medicines in the past and I don’t have any disease and didn’t want to visit the doctors as well.
Despite all the evidences in my hand, her family says that they were completely unaware of the fact. (the irony is that my father-in-law has done Pharmacist course and they are rich and well-educated family, they cant be ignorant as well since they have visited at least 15 times in the past to the cardiac institute in Mumbai). Post that, in the month of November, we asked her family to take her back to her parent’s home since you and your entire family have cheated me and spoiled my life (which they don’t agree).
In the month of December, they brought a medical report that showed everything normal and had LVEF as 50% (i.e. an improvement of 20%) in less than a month. We all were so agitated that we said this can not be true and since your family has hidden all the facts about the disease, I don’t want to be in this relationship any more.
I took a photocopy of the report and later on after 3-4 days, I got that verified from another doctor who said this radical improvement is not possible at all. There could be following thing the other party must have done:
1. might have done medical examination of a different person under my wife’s name
2. doctor/his assistant making the report might be financially benefited.
3. doctor might have been knowing the party well and he might have done it for sympathy/help sake.
We haven’t visited to that specific doctor yet.
They don’t want to end this marriage and want to harass my life by all means.
Now I want to know:
1. Can I get a divorce as I was cheated in the entire case and the disease is not curable, though she can survive with medicines, but can have heart failure at any time? How many months/years this would take?
2. How can I prove that the report presented by my father-in-law is false? Can I make an affidavit of what all things he is saying and ask him and his family members to sign and then get my wife checked-up with the Govt. hospital under vigilance of a court’s appointed person?
3. One mistake that I realize is that – I had booked an under-construction flat costing 35L in August and got that registered. I have paid the booking fees + stamp duty + reg. fees of Rs. 7.5 L and the balance is on loan. The property is in joint name and so is the loan. The premium is yet to start but I am paying the pre-EMI interest since last couple of months. If at all the mutual consent happens, what should I do to get her name removed from the document?
4. My earning per month is 55,000 and have a running personal loan (for 4 years) EMI of 20,000. She is BCom topper and files her IT return as well and had been earning before the marriage. But I don’t have the details of her exact income. What could be the maintenance amount that she might claim?