Member (Account Deleted)
02 February 2012 at 09:36
Dear Experts,
I have removed my query as in hindsight I feel that for this particular query a personal discussion is needed.
Warm regards,
Anonymous
02 February 2012 at 09:14
I happened to read the new resolution taken by this forum members not to answer any anonymous queries. http://www.lawyersclubindia.com/experts/Guidelines-to-be-followed-275156.asp
So, why do you keep the option to post the queries as anonymous user? Some members might not be aware of this new resolution while posting queries...
Shonee sir, I think now its a useless provision like RCR
Anonymous
01 February 2012 at 23:08
sir recently my OP which is filed for matrimonial issue to declare my marriage as null and void u/s 11 of hma was allowed. it is senior civil court in one district. now i want to fill kaviat. will kaviat will come for null and void marriages, appeal is there for null and void marriages, and i should file kaviat in highcourt only.
vijayakumar
01 February 2012 at 21:41
Sir, It is strange. The man can be punished for the relation - but the woman cannot be punished for ADULTRY ? Why the law is not Gender neutral?
Pran
01 February 2012 at 20:29
can girl's family file a dowery case,just after engagement. marriage date is still not fixed,
girl's family is very demanding and dominating .I want to breakoff from this engagement.kindly suggest the legal aspect of breaking off the engagement.
girl's family is threatening us of legal consequences.
Anonymous
01 February 2012 at 19:57
I AM SHIVENDER SINGH, A DEFENCE OFFICER. I AM A DIVORCED HINDU INDIAN BOY.I WISH TO MARRY A MUSLIM BANGLADESHI GIRL WHO IS ALSO DIVORCED.
FEW QUETIONS THAT I HAVE ARE:-
1. WHAT IS THE PROCEDURE REQUIRED AND WHAT ALL DOCUMENTS ARE REQUIRED TO BE PROVIDED BY ME AND HER.
2. SINCE 30 DAYS NOTICE IS REQUIRED, DOES SHE HAVE TO BE PRESENT HERE FOR THE ENTIRE PERIOD OF NOTICE SINCE STAYING MORE THAN 30 DAYS AT A STRETCH ON VISA IS VERY DIFFICULT.
3. IS IT POSSIBLE THAT NONE OF US HAVE TO CHANGE OUR RELIGION AND CAN FOLLOW OUR RESPECTIVE RELIGIONS?
4. HOW LONG DO SPECIAL MAARIAGE ACT PROCEDURES TAKE PLACE AND DOES IT HAVE TO BE IN DELHI ONLY OR ANY OTHER CITY IS ALSO POSSIBLE?
Anonymous
01 February 2012 at 18:09
1. The background is that we are married since the last 14 years , and both of us are working and have 1 son who is 5.5 yrs old. In-laws shifted in with us since 5.5 years and they look after the child in our absence. Overall, ever since in-laws have shifted in with us, in the last 5.5 yrs, they have been poisoning my husband’s mind against me, and we ended up just living under the same roof for the child’s sake, but not really on any normal terms since the last 3-4 years.( though many times I have pleaded not to stay together with them, none of them are agreeable to that)
2. Around 4-5 months back, things had reached a peak , by which time:
a. my husband started using abusive language
b. him as well as them always saying it is his house , whenever there is any argument…
c. mental harassment by complaining about me such as saying things like I don’t wear bindi / don’t wake up early…
d. ganging up together i.e. all 3 of them shouting at me at the same time…
e. household matters: direct interaction between husband and in-laws bypassing me many times.
f. He even started asking me to buy my own veggies and get my food alone cooked by maid etc. Cutting off usage of his money, credit card, and sending me the bill etc, asking me to take care of my own expenses.
g. Finally my parents had come over to Mumbai to decide what to do…one friend of mine said her husband had a law background , though not directly practicing, so me & my parents met him and he took the 3 of us to another lawyer he knows…while we were going with him, someone spotted us and told my husband, Now at a later pt in time…I have been taunted by my husband linking me with that husband, which is totally absurd!
3. Somehow , by around October, things improved , we started off trying to stay on, for the child’s sake…but things improved between us, we were becoming gradually like a normal couple. Though in-laws were still causing problems, but I was somehow tolerating that.
4. But now there was again one episode which I feel was mental harassment for me…and I wanted to know what I could do…
a. Of late, because my husband’s office timings are such that my son is just waking up when he has to leave, and also in the evening when he comes in, my son is v sleepy , tired by that time, so the child sometimes tends to tell the father to go away, not to come and hug him etc. but on the weekend he is perfectly fine towards my husband..But my husband is forcing the child to be nice to him even when he is not ready at that moment, sometimes he hits the child, if the child hits him, and trying to emotionally force him to be affectionate to him.
b. Also, he is accusing me that am trying to deliberately cause the child to be closer to me , and less close to him…that am ‘usurping’ his tasks with the child etc., and that I deliberately make him sleep late in morn so that he doesn’t meet him etc, though that is absolutely not the case.
c. One such argument broke out in the above context, and when this issue was becoming too much, I told my husband, we can see a counselor…as we are again starting to argue etc. he was saying counselor is useless, and as useless as that guy ( he referred to the above guy whom he linked me with). So I again felt mentally harassed.
d. Further, when the child told him to go away, when he was v sleepy at dinner time the next day, it again started one fight…and my in-laws also joined in…and all of them ganged up and shouted at me, that am not letting our child be close to my husband, and they also taunted abt this guy, and blamed me that I have ruined the child..made him adamant.., whereas it is they have ruined him in his food habits etc. they were abusive about my parents, and said we were a ‘gutter family’ etc. my mil kept trying to control/dominate my child etc. She already dominates on all other matters in the house.
5. Overall, I want to know what are the options such that I need not live with my in-laws…I think I can manage with my husband, as long as they are not there..because my inlaws are totally causing constant rifts between us and poisoning my husband’s mind against me…
Shantanu Wavhal
01 February 2012 at 16:48
in a matrimonial case,
is a witness officially allowed to access (read) the statement of the previous witnesses ?
if yes, next witness can always change his statement wrt. previous witness.
kindly enlighten.
Shantanu Wavhal
01 February 2012 at 13:00
Experts, please amend / provide further information.
what r the chronological steps involved in a matrimonial case ?
1) petitioner presents the petition.
2) Petition number is given by the clerk.
3) First date for hearing is given by court.
4) On the first hearing, petitioner presents his case & if the judge feels, case is admittable, then notice is issued for respondents, specifying the date on which the respondents have to be present in the court & file their WS.
5) Issue is framed.
6) Trial commences.
7) Evidences are submitted by petitioner.
8) Petitioner is cross-examined by respondents.
9) Evidences are submitted by respondents.
10) Respondent is cross-examined by petitioner.
11) Finally, both – petitioner & respondents are asked to submit any references / case-laws in the support of their contentions.
12) Judgment.
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Marriage issues
1. The background is that we are married since the last 14 years , and both of us are working and have 1 son who is 5.5 yrs old. In-laws shifted in with us since 5.5 years and they look after the child in our absence. Overall, ever since in-laws have shifted in with us, in the last 5.5 yrs, they have been poisoning my husband’s mind against me, and we (i.e. me and my husband)ended up just living under the same roof for the child’s sake, but not really on any normal terms since the last 3-4 years.( though many times I have pleaded not to stay together with them, none of them are agreeable to that)
2. Around 4-5 months back, things had reached a peak , by which time:
a. my husband started using abusive language
b. him as well as them always saying it is his house , whenever there is any argument…
c. mental harassment by complaining about me such as saying things like I don’t wear bindi / don’t wake up early…
d. ganging up together i.e. all 3 of them shouting at me at the same time…
e. household matters: direct interaction between husband and in-laws bypassing me many times.
f. He even started asking me to buy my own veggies and get my food alone cooked by maid etc. Cutting off usage of his money, credit card, and sending me the bill etc, asking me to take care of my own expenses.
g. Finally my parents had come over to Mumbai to decide what to do…one friend of mine said her husband had a law background , though not directly practicing, so me & my parents met him and he took the 3 of us to another lawyer he knows…while we were going with him, someone spotted us and told my husband, Now at a later pt in time…I have been taunted by my husband linking me with that husband, which is totally absurd!
3. Somehow , by around October, things improved , we started off trying to stay on, for the child’s sake…but things improved between us, we were becoming gradually like a normal couple. Though in-laws were still causing problems, but I was somehow tolerating that.
4. But now there was again one episode which I feel was mental harassment for me…and I wanted to know what I could do…
a. Of late, because my husband’s office timings are such that my son is just waking up when he has to leave, and also in the evening when he comes in, my son is v sleepy , tired by that time, so the child sometimes tends to tell the father to go away, not to come and hug him etc. but on the weekend he is perfectly fine towards my husband..But my husband is forcing the child to be nice to him even when he is not ready at that moment, sometimes he hits the child, if the child hits him, and trying to emotionally force him to be affectionate to him.
b. Also, he is accusing me that am trying to deliberately cause the child to be closer to me , and less close to him…that am ‘usurping’ his tasks with the child etc., and that I deliberately make him sleep late in morn so that he doesn’t meet him etc, though that is absolutely not the case.
c. One such argument broke out in the above context, and when this issue was becoming too much, I told my husband, we can see a counselor…as we are again starting to argue etc. he was saying counselor is useless, and as useless as that guy ( he referred to the above guy whom he linked me with). So I again felt mentally harassed.
d. Further, when the child told him to go away, when he was v sleepy at dinner time the next day, it again started one fight…and my in-laws also joined in…and all of them ganged up and shouted at me, that am not letting our child be close to my husband, and they also taunted abt this guy, and blamed me that I have ruined the child..made him adamant.., whereas it is they have ruined him in his food habits etc. they were abusive about my parents, and said we were a ‘gutter family’ etc. my mil kept trying to control/dominate my child etc. She already dominates on all other matters in the house.
5. Overall, I want to know what are the options such that I need not live with my in-laws…I think I can manage with my husband, as long as they are not there..because my inlaws are totally causing constant rifts between us and poisoning my husband’s mind against me…