Member (Account Deleted)
08 December 2011 at 17:29
Dear experts pls reply.
If my wife says that we did not consummate then how can I prove that.I have only some photos taken in my room.I truly say we have consummated even before marriage (Two years consummate) but it was secret pls suggest me how to prove.Is there possibility of medical checkup.her parents may say her not to say.She is with her parents so they may ask her not to say about it so pls advice how to prove it..............
Anonymous
08 December 2011 at 16:10
My husband has applied for divorce and he deserted me. Can i claim the amount for my expenses for this case? (under 26HMa or any other) . Note: I am workin women.
Anonymous
08 December 2011 at 15:49
Being pressurized by my family emotionally i hv to do marriage. my marrigae was done on 19/05/2011 in chhpra, bihar. i am nt living with my wife since then. i dnt wnt to stay wid her anymore i wnt a divorce but she is nt ready. as dis marrige was done against my will. many times i requested to my wife for divorce but she is nt ready. her fmly threating me for 498 case n presurizing me to live wid her but i wnt a divorce any how. please help me in this regard how can i get divorce wid what are the steps to be taken.
Manav Kalia
08 December 2011 at 04:27
498a as described in penal code: “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The offence is Cognizable, non-compoundable and non- bailable." Now I had posted this question about why can't MIL file a case against DIL. Since the DIL is a relative of MIL's husband. The argument that DIL cannot harass MIL for dowry, is not valid, as 498a by definition is not dowry specific as given in the definition above. There are many other acceptable forms of cruelty that are non dowry related. But the generally accepted view among lawyers is only wife or DIL can file 498a. But the definition does not mention wife, DIL or dowry at all. Then why is this massive inconsistency there? Is this a badly worded law, or is the Indian legal system very flawed, or am I missing something from the picture completely. Since I asked the same in general forum, yet could not get any concretely satisfactory explanation there. I am asking this to the experts in law over here hoping some esteemed luminary of LCI must be able to shed light on the matter. Thanks in advance.... :-) This might seem a very redundant question, but the implications are enormous, if even one court in India allows a 498a case against DIL or wife by MIL, going purely by the very definition of the law, then I am sure ninety percent of the false 498a cases will be withdrawn soon after. It might not happen ever, but raises an interesting argument in the higher courts by MIL accused under 498a, that accuser culpable of same offense under same section as accused. For right now it seems to be an unassailable weapon in the hands of the wife / DIL. Which is harming Indian family life beyond repair. Please comment..
Manav Kalia
08 December 2011 at 04:24
498a as described in penal code: “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The offence is Cognizable, non-compoundable and non- bailable." Now I had posted this question about why can't MIL file a case against DIL. Since the DIL is a relative of MIL's husband. The argument that DIL cannot harass MIL for dowry, is not valid, as 498a by definition is not dowry specific as given in the definition above. There are many other acceptable forms of cruelty that are non dowry related. But the generally accepted view among lawyers is only wife or DIL can file 498a. But the definition does not mention wife, DIL or dowry at all. Then why is this massive inconsistency there? Is this a badly worded law, or is the Indian legal system very flawed, or am I missing something from the picture completely. Since I asked the same in general forum, yet could not get any concretely satisfactory explanation there. I am asking this to the experts in law over here hoping some esteemed luminary of LCI must be able to shed light on the matter. Thanks in advance.... :-) This might seem a very redundant question, but the implications are enormous, if even one court in India allows a 498a case against DIL or wife by MIL, going purely by the very definition of the law, then I am sure ninety percent of the false 498a cases will be withdrawn soon after. It might not happen ever, but raises an interesting argument in the higher courts by MIL accused under 498a, that accuser culpable of same offense under same section as accused. For right now it seems to be an unassailable weapon in the hands of the wife / DIL. Which is harming Indian family life beyond repair. Please comment..
Anonymous
07 December 2011 at 20:52
Hi All
I have filed a divorce case in x place where we were staying.but now she is studying BE in y place & but her native is z place.Whether she can transfer the wherever she want.or she can the transfer the case to only one place.I dont want to transfer the case to her requested place how can i fight against this.
Member (Account Deleted)
07 December 2011 at 20:40
Hi,
I am working as an engineer. I got married in Dec 2009. It was a pure arranged marriage.
Our horoscope didn’t match; even then we were ready for marriage.
Before marriage my wife was working in Mumbai. We got engaged in June 2009. She has lot of friends (Boys are more than girls). She is an extrovert person. I have few friends, I am very choosy person. Before marriage we were talking on phone. Most of the time I was hearing new friends name from her. “Aaj uska phone aya tha, aaj usne ye kaha… etc etc.” After few months, I started feeling very insecure. The insecurity was increased day by day. Because of two, three incidents, I stared taking doubt. I had panic attacks. I couldn't sleep at night. We were started fighting on this matter. I told this about her parents and my elder brother. Her parents said that, they cannot take backward action. They were confused. They said that, problem is in your attitude. My brother told that “you became very possessive about her. She has her personal life. You can not take doubt because of these events. Nobody came to you to say that she is characterless. So don’t think like that.” I tired to stop that kind of thinking. But whenever I tried to think on other matter, my mind came back to that point only. But I wasn’t sure, what I was thinking is true or just my misunderstanding. Between the time we got married. My insecurity increased. After marriage she was always on call. She was receiving sms at mid night also. I started to cross check her mobile. I got few doubtful information. But from that, I wasn’t able to prove anything against her. When I asked her some clarification. She got angry and told this to her parents. They called me and said that they will kill me if I will take doubt in future. Our daughter is an innocent girl. Her brother also called me and said that, he will give “Supari” to someone to kill me if I will repeat this thing.
I kept quiet thinking that I am thinking in wrong direction. Whenever any doubtful incident happens, I was telling my mind that, “it’s normal. You should think in other way. Think positively.” But one day I got roses in her notebook. I asked her, she told that these are from the bouquet which I had given to her before marriage. But the bouquet was also there in wardrobe as it is. I compared the roses, those were different. After this incident, I couldn’t tell my mind to think positively.
I went to psychiatrist. He said that I am not normal person. I have lots of prejudgments. He has done some psychiatry tests on we both. The report was that, I have a decease (I don’t know its name). That’s why I can’t understand her. He talked to us both. I had gone thru treatment for 8-9 months. But he didn’t believed that my wife also needs to change her behavior. He always wanted me to change. But I couldn’t change completely. Meantime, mentally I stared to hate her. Now, I am unable to open my heart couldn’t share anything with her. Uninterested to talk to her. Always trying to avoid her.
Now I am tired of doing adjustment. If I have a mental disorder, I am ready to accept it. I need divorce. I don’t want anything other than that. I am ready to give her my property. I will go to my native place; at least I can take care of my parents.
Is it possible to get divorce based on this mental disorder? What are the documents I need to submit? Do we need to stay apart for 1 year before applying for divorce?
Anonymous
07 December 2011 at 20:06
Is there any judgement in 125 crpc which says no maintenance to wife if she is older than husband and more educated also ?
Please provide me.
Thanks
Angshuman
07 December 2011 at 16:50
My Mom ( who is an advocate and pratising law from last 25 years)has filed a case U/S 125 against my father ( who is retired govt.employee and gets pension).
Me and my brothers are working and have no dependancy on them.
They are living in my Dad's house and my dad actually takes all cost of living of her except for those medicine which are not prescribed.
My Mom was under treatment of phsyciatrist from 1996 till 2006 and was fine.She stopped visiting him and stopped taking medicines prescribed by him with proper doses.but started treating herself on her own as advised by her brother and sisters.
We stopped giving her cash as advised by doc.she started selling gold ornaments and her brother and sister ( they are also advocate) encorouged her and filed a case of 125 for maintanance.Even though she is telling that she will withdraw but not taking any action since June.Next week is the first hearing.
Shall we go to high court to squash the case?
we have following..
1.evidence that she is working as Lawyer and practising law.
2.evidence that money was monthly deposited to her account from my fathers account.
3.Bills of the goods brought from last 2/3 years for her.
4.Doctor is also ready to give certificate but advised us not to use that until absolute necessary as otherwise it will be difficult convenience her visit him or any other psyciatrist.
Please advise.
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