Anonymous
05 January 2012 at 20:17
a divorcy wife failed to get maintainence in 125 crpc , rivision & 482 then how can she get maintainence decree in hindu marriage act 25 (1)
is it bared by resjudicata ? if yes plz give any cytation regarding this
Anonymous
05 January 2012 at 19:40
RESPECTED EXPERTS,
ONE OF MY FRIENDS IS A MUSLIM WIDOW, SHE HAS NO SONS, OWNS TWO HOUSES ONE IN A VILLAGE AND THE OTHER IN THE CITY. HER ONLY DAUGHTER RESIDES IN THE CITY HOUSE. SO SHE GIFTED HER VILLAGE HOUSE TO THE SON OF HER LATE HUSBAND'S BROTHER AND SHIFTED TO THE CITY HOUSE TO LIVE WITH HER ONLY DAUGHTER.SHE HAS EXECUTED A NOTARISED GIFT DEED IN FAVOUR OF THE DONEE.
IMPRESSED BY HER ACT OF GIFTING THE VILLAGE HOUSE TO THE DONEE, THE FATHER OF THE DONEE HAS out of his free will, so as to help HER (THE DONOR)construct a second floor on HER existing house IN CITY. SHE HAS ACCEPTED THE CASH AND EXECUTED AN ACKNOWLEDGEMENT TO THAT EFFECT.
NOW WHAT IS THE EFFECT OF THE SUBSEQUENT RECEIPT OF CASH ON THE GIFT EXECUTED BY HER?
IT IS LOOKING LIKE A TRANSACTION WHERE SIMPLE SALE IS GIVEN A COLOUR OF GIFT, I.E. VENDOR GIFTING THE PROPERTY TO VENDEE AND SUBSEQUENTLY THE VENDEE GIFTING CASH TO THE VENDOR.
PLEASE ENLIGHTEN ME WITH YOUR VIEWS AND COMMENTS. THANK YOU SIR.
Anonymous
05 January 2012 at 18:37
hi sir/mam
i have got divorce papers alongwith vakaltnama.v have been remaining separate since 4 yrs.he has remained all through out a voilent n abusive person .he mentally tortured me for the whole life.wz not gud with kids too n got involved with one or the other lady since yrs.
now in his petition he is putting all false things.hardly anything is found to b true.i was not expecting this so i m shocked n dont know what to do further.
actually i dont want to give him divorce .he is in govt job n will be retired in 2015.his salary is more than 1.70lack n is staying in his own separate flat.but in his case he has told his own flat as rented.i am also staying in my own flat with joint name my husband as the 1st owner.my kids r adult.one is married n other is with me .he has done his graduation n is in search of a job.hope this much will help u .
thanx in anticipation but i request u to kindly advice me
Anmol Gautam
05 January 2012 at 15:44
Hi,
I wanted to marry a girl from other caste and my family did not agree to it. They forcefully put me under house arrest for two months since 17th Oct, 2011, in my hometown in Bareilly and various other locations. I underwent a lot of physical and mental torture.
On 4th Dec, 2011 few police men came to the house where I was kept captive in Aligarh in the evening. My marriage was fixed on the same day and in the police station with the help of the police, the girls father threatened to put a false dowry case on myself if I dont agree to marry.
I repeated my entire story of being already married to a girl in front of police, the girl's father and also to the girl herself. All pleas felt to deaf ears and I was forced to marry.
This all has been printed in Amar Ujala paper of Aligarh on 5th and 6th Dec 2011. Post which I requested the girl to help me and she finally let me go back to Bangalore on 11th Dec, from Delhi as she had never a wife to me.
They came after me to Bangalore and tried trailing me again with false police cases. Many media coverings have been made here as they had created quite a lot of scene around.
I have made a police complaint in Bangalore seeking protection and also through registered post in Aligarh and Bareilly, I have lodged a complaint against my family.
Next, I want to file for annulment of my so called marriage in Aligarh or through mutual consent I want to get a divorce from the girl.
I have been committed, in relationship with a girl in Bangalore for two years and was always transparent of my intentions from the very beginning.
Need a lawyer in Aligarh as Bangalore does not hold jurisdiction to file it here. Can you please help me out in this situation and give advice.
Contact for further details.
K.Swaminathan
04 January 2012 at 23:15
Dear Sir,
I need your legal advice at the earliest. My nephew aged 29yrs, is being blackmailed and pressurized by a girl as well as her parents, to get him married to this girl for the last six months.My nephew had lost his father when he was in college due to medical Negligence of doctors after a simple Appendicitis Surgery.He hails from a Hindu brahmin low middle class family, has his 56 yrs housewife mother and a younger college going sister to support.
My nephew was initially working as a software person in a company in Madras for few years and then moved over to another company in Bangalore. He had developed friendly relationship as a office colleague with many of his office girls in
the work place. Subsequently three of his office friends also moved over to Bangalore a year back in some other software company, and my nephew seems to have helped these girls to secure jobs in Bangalore in some other company as well as getting suitable accommodation in Bangalore, for them. They have been meeting as friends. One of the three girls, belonging to some other community
seem to have proposed to this nephew of mine a year back for marriage in presence of the other two girls, (one of them being a spinster till date older aged 36yrs, and another a Christian girl having had a love marriage with a Iyengar Brahmin boy), and my nephew also seem to have accepted it at that time in presence of these girls.
Subsequently after moving close to this girl, my nephew seems to have found that this girl is very arrogant, stubborn, dominating type and very demanding, and realized that this girl will not be able to fit into the family or she will be compatible. He told her plainly his feelings and told her that their married life cannot be smooth as her temparament does not go well him and their family life will be miserable and might land in divorce only, and hence it is better that they part as friends. Initiall she resisted this move. Many atimes she used to call him on cell phone and forced him to her at her beg and call by threatening him that if he does not come and meet her she will end her life. My nephew out of this fear met her and tried to explain to her the real problem. This girl six months,one day went to my nephew's house and met his mother and expressed her intentions to marry her son. The mother categorically told this girl in plain terms that she will not accept her as her daughter-in-law and they do not want her including religious grounds of non vegetarian etc and no one in our family will accept this including her son also told that he does not want to get married to this girl. She tried her level best to convince the mother and failed The mother advised her not to entertain such thoughts any more.
Having not successful in her attempts, the girl told my nephew that she understands, so let us be friends and she will marry some body of her parents choice in the days to come as her parents in Madras were looking for suitable match.
Suddenly on 10th December, when I was visiting my nephew at Bangalore in trying to find suitable alliance for him, this girl suddenly barged into my sisters house without notice at night and created a scene in front of the house, and shouted that my nephew had promised to marry him and she will not let him marry any body else and she will do anything to screw his life. She used all sorts of indecent words, and pushed my sister down on the floor.At that moment I tried my level best to cool the girl, but she was very rude. When things went out of hands, my nephew slapped that girl, when she pushed his mother down. She said that she has sufficient evidence to prove to put my nephew into jail etc.When I tried telling her that he is not interested and even if married the marriage will end in divorce, she said not she is not worried ,but wanted this boys life ruined.
Somehow she left after shouting a lot threatening that she will not leave him under any cost.Next day her two other friends seem to have screwed her up to call her parents from Madras and they landed into my sisters house uninformed and wanted my sister to promise that she will get her son married to this girl, inspite of my sister and nephew saying that it was a fact that he had told her that he accepted her, which was one year back and finding that life will be miserable with her and will land in divorce, he tried to tell her, but she is adamant.
The parents seem to have told my sister they also understand the position but are helpless that their daughter is pretty adamant of marrying my nephew and they want this marriage otherwise they may have to take other extreme measures.They have a months time to think and come back to them only with a positive decision and do not want a negative decision.
This has put my sister in a fearing position, all of us being afraid of the consequences.We are still saying as and when they call us on phone every alternate day that we cannot accept this girl, but they are threatening us on policeaction etc, which we do not know what are the implications.
My sister is staying alone in Bangalore with her son, and she is scared of these people visiting her any time during day time when son is not at home and threatening and pressurizing her for agreeing for marriage.These two girls say that they will evidence of the promise made by my nephew a year back to this girl on marriage.
Under these circumstances, an alliance has come from a decent family for my nephew, and we told all details including the girl's creating a scene etc and my nephew's involvement with that girl and her parents threatening us etc.The alliance party said that they are not going to be worried on this, and have suggested an immediate marriage in a temple under Hindu Act Section 7/A, and get the Marriage registered with Registrar of our locality and get the needed marriage certificate to avoid further complications thus get out of this problem once the boy is legally married to this alliance party girl.
1. Kindly Advice us as to whether any police action possible from the other demading girl side or her parents
2. Can the police arrst ny nephew on false charges of promising of marriage and breaking relationship now.
3.Can my sister be arrested and pulled to Police station.
4. Will there be any further complications if we get my nephew married immediately in a temple and get the marriage registered legally with the Registrar
5.What preventive actions we should take legally and with police.
6. The girl also seems to be threatening her parents saying that if they do not get her married to my nephew she will commit suicide leaving a suicide note that my nephew is responsible for her death. Can this drag my nephew into any problem of Police arresting him.
7.My nephew is not been either meeting this girl or talking to her or her parents for te last one month. The girl has been trying to call my nephew on his ceell phone and sends SMs ion his ell, which my nephew never replies or attends. This girl also has been desperately trying to call my sisters house land line many times during day all these days, in a effort to see whther my nephew picks the phone , and if my sister picks the phone she just hangs it over.
Kindly help us as to how to get out of this situation
I WILL BE GRATEFUL FOR A SPPEDY LINE IN REPLY AS ADVICE.
Thanks for the help.
Krishnaswamy
Anonymous
04 January 2012 at 22:11
RCR petition filed by wife - The wife is demanding a separate accommodation to join the husband. The husband though surrenders to the RCR and denies all the charges levied on him and also denies for a separate accommodation. Further, the wife cannot make her stand clear with respect to the petty allegations raised by her.
If the wife is not ready to stay in joint family even when the court order is passed, then how can a husband proceed further to getting divorce from her wife.
Also, please brief out the ways to get divorce if her RCR and maintenance petitions are dismissed.
Anonymous
04 January 2012 at 21:46
Sir,
My husband has filed a case under 9HMA at Gwalior but I am not in a position to appear there because my daughter is mentally retarded and get mental shocked many times in a day. I am also not in a position to bear the convenience/fair/lodging charges to go to there. Sir, I want to know whether the upcoming case may be transferred from Gwalior (MP) to Bilaspur (Chhattisgarh) Please help and suggest me.
Smt. Pratima Tiwari.
Anonymous
04 January 2012 at 21:09
what is the punishment in indian law for the husband who does not pay maintenace as ordered by the court
Member (Account Deleted)
04 January 2012 at 20:21
Hi All,
I'm Resident of Mumbai, I owned Room under Tenancy Law which is Under my name. I'm going through marital Discord which may end up in Divorce, Can My Wife Claim any rights in my Room. It is Under my name as Tenant. my Wife never stayed at my room (under my name) with me. She was with me at my Parents house and left within 1 month. I want to Divorce my wife same time I want to save my property from my In-Laws & Wife.
Can I Make Deed of Hiba under my mom's name?
or
Do I need to Transfer Tenancy under my mom's name?
I've already made one Power of Attorney for my mom for that home.
will that be sufficient or any other safe guard?
Please Advise
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Divorce after 6 months of marriage
I was married 11 months backs. After that some quarrels happened and on July 11 my wife doesn't responds to me and my family. She only said that she will not live with my family. I beg her lots but all worthless. Well.... She is ready to live with me only not with my parents else she wants divorce.
There is no physical relationship within us more that 3-4 time’s in four months. She never allow to sleep with me on bed. Sex is the husband’s need in married life and if she not allowed co-operating on the same where should I look for it. Can I ask for divorce on this ground?
On July her father came on her call and after lots arguments she left my home with her father afternoon with all jewelers & all her stuffs. Right now there is not a single stuff of clothe, book etc… in my home. Her father arrogantly said me & my family that “I will signed blank paper that I will never trouble you any way (Just tolerate not did).” Only the proof I has is Society watchman saw her when she left my home.
I requested her several times not to go, but she denied living with me & my parents. No phone contact in between me & her during this separation.
But after 5.5 months her father wishes to settle this matter & agree to send her in my home again. She now denied that she never refused to have sex with me.
Her father realized afraid that I'm not taking initiative so send some mediators and also called me any say " Either resolved issue by accepting my daughter (without condition) or ready to separate (just to afraid us). I will forcefully enter my daughter into your home by broking door.”
I’m also made a mind to break this relationship & we don’t want her in any case. I would prefer to be live single whole life without her. Then they threaten us to do something bad with me and family. But still they have not filed any case/ notice against me. As well I not did any. She is BE Electrical & now searching job at her parents’ home since 6 months.
I'm a person who has very patience. But this case is gone out of bound. As I have experienced a mild attack during my Honeymoon journey when she refused to have sex. It repeated the same in next 2-3 months many times till she left my home.
After her left I got affected my job, my Father got Major attack on 60 ages. We all are living like dead bodies in 4 walls.
We came to know from one their close relatives. That they wish to enter her daughter once & will keep quiet for some time……. then try to separate my parents from me by doing some unlawful (attempt of suicide)/threading us ….. things when she would be in my home & create trouble for us. Then I will suffer lifelong. As her father given a blind support to her daughter in any situation.
That’s why I would like to avoid her entrance by Civil Injunction.
I will be complete to 1 year to my marriage on Feb 2012 (NEXT MONTH). I was suggested for Civil Injunction to avoid her entrance than to send RCR.
We were separated before 5.5. Months, so sending any notice to her will become legal date of separation? Because I’m looking forward for Mutual Consent. So I have holds on to file any notice/ RCR.
What is Civil Injunction?
How to apply for Civil Injunction?
C.I. governed by which section?? What is the procedure ??
Can apply for nullification of the marriage?
Interesting thing is that she left in next the day after I got my marriage certificate. Will this affects my Mutual consent (if she agreed on any compensation) which I wish to file on March 2012?