Anonymous
11 December 2011 at 19:34
My wife has left her matrimonial house herself and had then filed an RCR petition against me, with only 2-3 petty allegations - My father not allowing to go outside after 9 PM, my father shouting at me, etc.
In my reply to that petition, I have denied all those allegations and have demanded to produce proof's/evedences for the same. I have also stated in my reply that I was and am always ready to take her back to my house.
In the counselling session, she verbally told the Counsellor that she doesn't want to stay with my joint family. She wants to stay with me alone. But the same demand she has not mentioned in her RCR petition.
She is ready to stay with me but not in my joint family. I am ready to stay with her but along with my joint family.
She has filed this petition after just 50 days of our marriage. We are just 4 people family and she is the fifth one.
I had also sent her two legal notices asking her to come back at her matrimonial house, but then too she has filed this petition.
I am worried and the counselling is now over and the case hearing is going to get start soon.
In the above circumstances, petty allegations and demand to stay separately, what can most probably be the court's judgement.
Anonymous
11 December 2011 at 18:41
I am a NRI residing in Canada, I am having my father’s property in Delhi. Still in his name only. No other legal heirs except me. I want to dispose the property.
1. I want to sell the property. Should I get succession certificate from the court or legal heir certificate from the Govt authority is sufficient?
2. For getting the succession certificate should I pay the court fee depending on the value of the property?
3. Should I personally come to the court for any reason (I am going to appoint an advocate)?
4. What are all the documents should I file for getting the succession certificate?
5. There is no other legal heir, in this case, who will be my respondents?
Harsh
11 December 2011 at 12:59
If hindu wife left the her husband place and leaving separately after 3 years of marriage along with 15 month old baby since last 2 months.Reason is their thought not matching and she is not ready to adjust and usual small common quarrels between husband and wife.Now from her unusual behavior it is possibility that she can file criminal case that her husband tortured and exploited her and demanding dowries and or any so false allegation.So is there any possibility that husband can suffer from these totally false allegation and he can be legally penalized or jailed ? To avoid such things what husband should do in such case in this period where they are staying separate should he send any legal notice to her wife please comeback and will it be better to prepare for bail if anything wrong he has been accused by his wife?Please guide.
Anonymous
11 December 2011 at 12:18
Dear Sir/Madam,
I was married in 26th Jan'2008 no dowry exchanged.Wife suffering from Bipolar Deficiency.
Gone to her house in aligarh from Lucknow in aug'2008.Had two meeting with my Inlaws in year Dec 2008 and Jan'2010. After no answer sent a legal notice thru my advocate .They filed False 498a,406 and Crpc 125 at Aligarh.Case was transferred to mediation cell. Settlement was reached in aug'2010 .According to settlement divorce could be taken .But till date they are not ready to give divorce.
I filled for exparte divorce on 31st Oct'2011.The dates were 2nd Dec for Ws and 9th for me to appear .But on 9th other side
had taken date of 3rd jan'2012.
Kindly let me know what should be my next step and can i file breach of contract.iF yes then help in drafting the petition of the same.
Rgds
Anonymous
11 December 2011 at 01:26
Dear Experts
Please let me know.
Regards
ks_8080808
10 December 2011 at 20:56
I got married in the month of july 2011 in a hotel as per hindu marriage and marriage was conducted by pandit. But after the marriage nothing went right:
1) From the day of marriage to till today she don't allow me to come closer to her and don't allow me to even touch her. Hence there is no physical relationship yet with her.
2) We went for honeymoon but in honeymoon she don't even wanted to talk to me and always was busy in messaging to her friends.
3)After honeymoon period ( about 20 days) she went to a different city ( she works there) and don't even pick my phone calls and also don't reply to my missed calls.
4)Her parents also stay in the same city where i stay. She use to come to her parents house but don't come to my house.
I ask her alot why you are doing all these things but she don't reply any thing or some times she says it will become alright. But 6 months have passed and nothing changed. We did not live together for more than 20 days ( only during our honeymoon period).
Her parents as they are also staying in my city, use to ask her about her behaviour and sometimes they use to scold her. But still she did not change her attitude towards me. Once she told me that she was not ready for the marriage.
Her parents use to talk to me initially but now they have also stopped talking to me for the past 2 months. I think they also lost hope.
Actually in my case i don't know why she is doing all these things or why her behaviour is like this. I also took her to two different councellors but they also failed to understand her behaviour towards me.
Now i am thinking to take divorce but i want to know that since i have not completed 1 year in marriage can i get divorce immediately? If yes then how?
Is out of court settlement possible?
Regards,
ks
Anonymous
10 December 2011 at 17:39
Whether a will prepared in own handwriting and attested by a Notary Public is a valid will?
Anonymous
10 December 2011 at 16:21
Facing 498a, divorce case filed by me in tis hazari court, maintenance decided for minor daughter as wife is employed as govt employee.
Petition filed by me in Delhi High court against maintenance order. The idea of going to high court was to somehow go to Mediation centre of high court for settlement. The petition of Delhi high court was dismissed with the directon to both the parties to go the Mediation Centre.
In mediation centre after 6 months, a settlement agreement was made and signed by me, wife, both side lawyers and mediator of high court.
As per agreement I prepared the Demand draft and wife was asked to take the money and sign the mutual divorce consent petition. She refused to comply with agreement.
Filed Contempt petition in Delhi high court. The matter was heard and following emerged :
She took the plea that the agreement was signed in pressure.
No money has been paid so far, but judge said that is immaterial.
She said that there is no contempt on her part as no undertaking was given before any court.
Judge has asked us to examine the legality of the issue.
Members please advice on the issue regarding legality and if possible related judgement may also be quoted as it will be a great help for me.
Anonymous
10 December 2011 at 15:44
In a matrimonial case petitioner wife want to settle the case. She want Divorce but I don't. The case is going on and I told her that now on wards at least 2 years will be there to decide the case. Instead file declaration in the court and join the matrimonial life for 1 year and we will see that we can adjust with each other or not. If yes no issue else we will move to court and get converted present petition into mutual consent divorce and the court will give divorce immediately as already 17 months have been completed to present case. I would like to know that whether this is possible or not? I mean if in future we have to take divorce under mutual consent then we have to wait for a period of six month or court will grant divorce in next hearing after MCD petition?
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Can rcr contain allegations also?
If the RCR contains silly allegations like the wife ignored the husband, not loved him, wife was not much interested in sex, etc. would it be taken as misuse of RCR? During mediation, if the mediator askes me why you force her to come back as you have such allegations agains her, how can I positively answer it.
Is it like that I should file for divorce if i have any allegation aginst her, and if I file for RCR I should not have any allegation her?
Whatif there are some allegations against her, and I want her to correct her behaviour and come back? Can't I make use of RCR in such a situation?
What is the difference between allegations and statements in a petition?