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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Anonymous   21 December 2011 at 21:35

Out of matrimonial

Sir,
I am mentally and physically tortured by my husband and his family. They sent me to my parent home now Whether I can file a case against my husband and his family from out of matrimonial home city to another city for above act done by them.
Please suggest me.
Thanks

Anonymous   21 December 2011 at 18:25

Regarding divorce......

One my friend 3 months back got married with a Girl, whom he was just friend for few years. Though they were just in talking terms it was not full fledge love. We were looking a suitable match for him since last 1.6 years in he used to visit his native place and was whole heartedly willingly was seeing the matches which their parents used to refer him. Suddenly he told us one day that he got married in Court in Bandra. We tried to call him and also explained him about the match he has chosen and that he will not be able to adjust to her because of his nature & behaviour and other social factors. The process of marriage was carried our as follow.
The girl was converted to Hindu Religion through a priest (Affidavit available with us of the priest).
Girl Changes her name to Hindu Name (Affidavit available with us).
Declaration of Marraige (Affidavit available with us). Marriage Certificate not received yet my friend says it is under process.
I came to Mumbai & with his family along with me explained to him as well as girl about their implication on their family as well on them. My friend was to some extent convinced that they have made mistake hence he was ready to back out of marriage, even Girl was ready partially to back out (But her friends and colleagues influenced her decision not to back out) and her friends threatened my friend with bad consequences (i. e Complaint with police of Cheating and Girl threatening with Suicide& legal action) Hence my friend there on left home for her. It has to be noted the explanation that My friend gave for taking such drastic (getting married) step was that he was feeling lonely and was frustrated, and was also visiting a Psycatrist for this. His mental condition was also not Stable, and was under medication as he was alone and was under treatment for depression. Hence his family members thought it wise not to pressurise him more at that point of time, as he was under depression. Hence they left him in Mumbai to be with her Spouse. The Son never used to call his parents after Marraige which was strange, and parents conditions was totally Worse as they have to face this society with such stigma. But when ever few times they used to call their son he was under depression and used to cry on phone.

Suddenly when his parents visited to Mumbai after 3 months, the son (my friend) inspite of knowing that his parents are in Mumbai not even felt like meeting them, which his parents felt very strange. Hence his mother used to call him, suddenly one day he came to us and we felt he was still under pressure and depression was reflected on his face. We just requested him to visit his place(residence) & home which after many request he agreed to allow us to show where he resides. After visiting his place we felt his behaviour very strange that he was feared of Girl and his behaviour and used to tell us not to discuss any matter related to visiting of him to us and many other family matters, as she was very insecure of our presence.

Few days back he called us an told us that he is not happy with her and want to get separated from her anyhow and to advise him how to proceed. His parents called him to come to them, but he said he can’t come as she will doubt his absence and will threaten him with suicide & running away from home. When we asked him the matter in details, he told us that though she is Good Girl and Takes cares of him, but is always threatening him if he leaves her, or calls his parents, not allows him to send money to his parents or any help or any mutual discussion, or any meeting. He says he cannot carry on this type of life forever insecure & fear. He always has arguments with her; he never has peaceful or sound sleep. He fears to go home. He is also visiting Psychologist & Counsellor, where in the counsellor has also advised him to move away from this relation and get separated for his betterment even i also visited the Psychologist with him and he also told me about his situation and i explained him about his behaviour and past and changes there in. My friend has told me that if the situation carries on the same he may give up his life.... I am just concerned about him.. and about his parents..... The girl is Stub born in nature & Clever but is weak in terms of family back ground. She emotionally blackmails my friend. They are still staying together as he is feared that any hint to her will make her anger or worsening the situation.

I have following queries regarding issue i had discussed above with you. Plz advise thoroughly wat can be done, and legal remedy available with us... he wants divorce anyhow.... as he is continuously living under fear and stress, mental pressure...( He fears to such an extent, that he is unable to come and meet his parents, and says that girls threatens him with suicide). She is very hyper... an controls him thoroughly... he cannot even call his parents when he is at home....
1. Can divorce be granted within 1 year of Marriage?? I have learnt Divorce can be filed after 1 year of marriage.( But i have learnt it can be granted in other cases to within 1 year by High Court)
2. Following are reasons for seeking Divorce.
a. Continuously threatening him with Suicide & running away from Home and responsibility will stand on my brother for her act of disappearance or any Suicide.
b. Constantly suspicious about my brother’s act & behaviour i. e he is communicating with his family and she felts insecure, checking his mobile phones.. Telling him not give money or salary to his family etc...
c. He is taking Psychologist & Counsellors help for resolving this situation and to stabilise his mental situation. ( Mentally he is down with low confidence) Even Psychologist had advise him to go for separation if he is not happy with her..
d. He has been feeling uncomfortable with her behaviour and her threats... unable to have peaceful sleep since last 3 months inspite of us not contacting him or any interference from our end.

Anonymous   21 December 2011 at 16:24

Maintenance to child

Dear all,
I had done marriage agreement with one women (x age at the time 22 & myself 24- Same community ) on April 2003, also Registered . After agreement we lived separately. In the year of 2004 (07-09-2004) the lady Registered marriage done by another man (Hind Marriage –Register Documents available Bothe- Both are different community) . In the year 2005 the lady came to me and their reactive forced to me marry to that lady, I am also married to her (compel by relative mid-night) . I am also accepted , afterward I am demised from my job. I stay the lady from 12.08.2005 to 10-10.2005. At the time I have no job so that lady and her parents not provide any accommodation. so leave the that please. In the year 2009 I had marry with one lady. Now old lady have one female.
She also file suit for demand Rs.5000 , her self and Rs-3000/- child.
1. I am ready to give maintenance to child Monthly Rs-300*/- up to 18 years (now 4 years old).*Because Tamilnadu Govt Provide so many welfare scheme - Free Education up to Degree /Free Books/ uniform/ Meal/ Scholarship (Backward)
2. The lady also having income from salary (6000 Pm, Own house – land , Residential Plat etc).
Please your openion the above.
1. Also pls inform my second marriage is valid.
2. Can I demand any fine from that lady. (without Divorcé to marry me)

kalpana   21 December 2011 at 13:56

What r the rights of a wife?

what r the rights of a wife?i ve been married for last 1 & half month.my husband never listen to any of my suggestions nor tell anything to me.he only discuss the matters with his mom who is staying with us and with his sisters who all r married.always tries to insult me.never cares for me nor gives emotional& financial support.many a times i had to borrow money frm my frnds.whenever i ask for money he gives a bad gesture & comments.he is a surgeon & of good financial background.i ve just completed mbbs and working as an intern.initially his mom tried to mentally harass me & now he himself.what should i do?i don't want to stay with him but don't want to get divorced.or should i go for marriage counselling?

Anonymous   21 December 2011 at 11:59

Fir related

IF police file an FIR where a person falls under 375 420 and 415,how much time needed to call that person for investigation..

will they just let him go after the questions or take him in custody?

what are the chances of that person getting bail on the same day of an arrest?

can a person take anticipatory bail in advance knowing that he may get arrested?

HERE the women has asked for justice as she has been cheated by her lover and betrayed her by getting engaged to someone else...

Anonymous   21 December 2011 at 11:13

Urgent regarding adoption rule

Before 9 years My dad was adopted by their uncle who has no son he has five daughter. They execute a will of adoption that time. That all assets of him will be transferred to my dad after their death. But now property values has been increased so they have decided to fired out my dad and they execute a will that all property of my fathers uncle will transferred to his daughters after his death.

My dad has incurring all expences of their living and medical. My dad also beared marige expenses of their one daughter. We constructed a House on their land. now my questions are....

1. If my dad's uncle are agree to transferr (to made registree in the name of my dad) his all property (All property is Immovable Land and Houses) then he acan transfer it ??? His daughter's signatures are required for it??? it his daughter's are not agree but my dad's uncle is agree then How can we register this property ????

2. If we make a adoption deed again then their daughter can challange our ownership after his (My dad's uncle) death?

Please advise me ???

Email - deepaksuthar12@yahoo.com

Member (Account Deleted)   21 December 2011 at 10:12

Pls experts answer me urgently

I and my wife have registered our marriage on 04/03/2011 under the special marriage act.But my wife was at her home but we had met in other places and in my room several times.We have lived as husband and wife.we loved for seven years.I have many photos taken in my room and public places and love letters.But her parents forced her to suit a complaint against me in the family court to declare as void and null..I could not contact her for three months her parents do not allow me.while we were in love We had been living as husband and wife for 3 years but all were secret.
The petition is as below
1)I forced her to get married
2)We didn't live together.
3)There was no sexual intercourse between us.
4)I tortured her.

But truly i say these are not correct.If i get a chance to talk with her she will come with me.Will i get a chance to talk with her on the day of hearing.Pls guide and advice how to get her back.What should i do on the day of hearing...If she says that we did not have intercourse also then what should i do.I have sacrificed many things for her any how i want her pls guide what should i do on the day of hearing.. As you all know my problem.I thing my wife will act as her parents say in the court.She is hiding our secret things (Consummate,lived together).The evidences are very confidential that as a husband i should not show any body.Before questioning me If i ask the judge to allow me to talk to her personally will they allow?I could not contact her for three months.The petition contains only the things what her parents know.Pls advice me

Anonymous   21 December 2011 at 09:40

How to let the court wait till the result of the medical board comes in maintenance case?


Dear experts,

I have a critical situation in maintenance filed by wife u/s 18 HAMA after I (husband) filed divorce u/s 13(1)(1-a) on cruelty and desertion grounds. Wife alleged, husband impotent and to confirm that I'm sent to medical board on petition (u/s 151 cpc in divorce OP case) by wife. All tests (physical & physhiatric) by Medical board tests are done. Only thing remaining is they(Medical Board) have to send result of the tests to court. I'm confident that the result will be in my favour :-)

Both divorce & maintenance cases are currently in the arguments stage. But in the divorce case before proceeding to the arguments stage, result of the medical board (to find potency/impotency of husband) is awaited.

But in maintenance case, though the impotency allegation is made by wife, she has not pleaded for the result of the impotency test done as part of the divorce case. As a result in maintenance case, arguments stage is proceeding, without confirming the validity of the impotency allegation.

In this situation I have the following questions.

(1) How do I ask the court to take the result of the tests done by medical board into consideration before delivering the judgment in maintenance case?

(2) Even after the arguments stage also, is it possible to request the court to take result of the medical board, if yes, how to do it?

(3) Normally after arguments, how many days it will take to give judgment?

(4) My lawyer says it is not required to get the result of the medical board in maintenance case!!! is it true?

(5) She in her maintenance petition says that only reason to separate from husband is due to his impotency, if that were so, I feel that the result of test is important to decide on the maintenance case?


Please advice me what to do?

Regards

Ashwini Acharya   20 December 2011 at 15:07

Registration of marriage

I Ashwini got married on 27th Nov 2011 my marriage took place in my native at karnataka but we both are domiciled in mumbai. The Problem i m facing is that the BMC official says my marriage cannot be registered here in mumbai as we got married outside mumbai so. My Question is then where should i registered my marriage in mumbai ? or it is not possiable ?

Anonymous   20 December 2011 at 14:46

Marriage certificate

If any male aged 36yrs  marries here an lady who is married to other person and migrated to foreign country and not got divorced with the first husband and also get an marriage certificate of second marriage as showing it as first one.no w both are living togethr and obtained an visa from tat countruy as  spouse,and now first husband here in india.tell me how legal it is or how can the second marriage is possible for which they have obtained an marriage certificate.also I am witnessed it.now i am in worrry it may happen any illegal procedures.
pls help me
also pls tell me how to withdraw my witness to this marriage second.