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Kamranmulla   18 August 2018 at 14:33

Divorce

I got married on June 30, 2018 it was arrange marriage; She is the cousin of my sister-in-law.

Summary:

The engagement happened in the month of November 2017 wherein sister-in-law exchanged numbers; my work location was Saudi hence we started talking and chatting on what�s app during all the conversation she confirm me her future plans and how she will stay after marriage she had promised me she will be understanding partner after marriage and used to send me videos and photos of her house hold work and cooking habits. Her family and She was assured me that she knows all house hold work and a good cook, and wish to be a good house wife.

In the discussion of engagement we learnt that girl is pursing MBA, me and my family declared and confirm marriage only after her studies are completed. Through the mutual discussion with both families it was decided to keep marriage in December 2018. During my interview of her parent and relative its was informed to them that due to present situation of Saudi groom (I) will leaving the Job and will settle in India.

All of a sudden her parents started showing so much of urgency in keeping marriage early try to dominate us. We tried to explain them that it is too early and we require time to prepare, even we request and scheduled a meeting at their location. In the meeting we again tried to convince them that let girl complete her study and till us also get the time to prepare. We also requested her family that girl finish her exams and give her some time of own to understand responsibilities as marriage is bigger step in life. Her parents then came up saying exams will be finish in may itself and they want to keep marriage after Ramadan to which we again clarified will her exams be finish they said yes and everything will be completed .They forced us to keep marriage on June 30th 2018 since they were too pushy we agreed I applied for leaves which were rejected so for marriage I resigned and came back to our country in May .The girl family demanded us to be present from 26 June since they want perform some rituals we agreed booked tickets and also return tickets sent both to them which included brides ticket while returning they acknowledged it as well .

We reached there on 27th June evening the bride�s mother came to us and said we will not be able to send the bride after nikah as her last vivah is balance and scheduled for 4th July we were shocked told them we had specified while agreeing to date of marriage her exams are finished to which they said yes now how all of sudden this vivah came in to the picture and if it was balance what was the need of hurrying so much for marriage it could have been scheduled after Vivah as well as far as leaving bride and going is concerned we cannot allow this as after nikah it should be on her husband�s concern whether or not she should be staying here and as far as exams go we will see what we could do and when you guys knew the Vivah is balance why kept mum even after looking at the return tickets we had already shared with you guys well in advance a week back why were we not informed why this was kept complete secret and brought like a shock to us .Her mom after listening to this left from there .

One more shock is that they have expressed that after Nikah bride and me will stay in hotel and were dropped in a hotel without our consent we allowed as they were too pushy and adamant .we were dropped there in night at 3.30AM and the brides brothers came in the morning to pick her .they took the bride to her parents� house not even bothering to ask me or my parents and by keeping me waiting in the cab outside their house .I was neither invited nor given glass of water I was later on dropped on a road nearby the hotel wherein my family self-arranged for their stay .Then after reception of our side my wife insisted she wants to be dropped to her parents� house for getting ready for mumbai to which I agreed and dropped her to parents house .Our leaving time was informed her I called up 2 hours prior to leaving time and requested her join . A shocking answered received from her, she disagreed to join us for matrimonial and informed is that she would stay until her exams are over here only, even though I promised her that it�s my responsibility to do arrangement for her exam and insisted as its not good to stay after marriage like this to which she kept on repeating the same statement in hindi it goes like this �main nahi Aaogi Nahi aaongi main nahi Aaongi nahi Aaongi �after which myself and mom went to girls parent house to convince them to send the bride along her parents refused to send her stating her study will be affected and they don�t want to send her so with most disappointment me and mother expressed our feelings�It is so disheartening the girl after marriage is not ready to accompany groom first day of marriage at our house � and left from there .after Coming back to mumbai we kept on waiting neither the girl nor her parents called or messaged about her exams they kept mum 10 days passed no info and after one fine evening all of a sudden to our surprise we were in receipt of ticket send by her and said that she is coming to mumbai. We were surprised by this type of act however still welcomed her and picked her from the airport .The girl from day one started acting over smart her way of living completely came as contrast from what she portrayed she was not able to perform any obligation of wife and it looked from her she wasn�t ready for marriage and parents forced her into it .If I ask for a cup of tea she used to fight and angrily come to hit me .I had performed my obligation of providing a shelter comfort and food. She was only had interest in going out and staying at home at all it was not even two days of her staying in home .She never used to care of listen of anyone at home in my absence she used to go down in buildings garden alone and talk to someone for hours even she didn�t give her ears on my objection .after week again her parents asked her to come stating the date of exams have been released as per her request I booked flight tickets from my expense and dropped her to airport as I was not getting leaves from work .after she left from house only once she called and messaged and after she stopped messaging or calling her parents were least bothered from the start only .after week a messaged her asking her how she is and how were the exams instead of replying to that she started fighting and arguing after this the call from her stopped and her mother called up my mom stating whats the issue my mom said very politely when there no issue or problem why you guys insisting there is one we don�t have any problems .after this for week no call no message and suddenly one day her mother called 10 times and mentioned in a message I was out with some work so couldn�t answer as I had forgotten the phone at home .I replied politely her mother read the message but didn�t reply for a week she again called on working day Monday while I was driving and called only twice and she was mentioning about problem and was asking us to come to Hyderabad all the way from mumbai to their house I replied politely y couldn�t pickup call and why they didn�t try calling on Saturday or Sunday I also meniotned we never called and told them we have a problem they are the only one finding issues so if they have issues they should only come and sit unnecessarily keeping bride at their house they are making issues then for a week again her mother didn�t respond and then directly she messaged asking y we were not answering call to which I replied she was blaming her daughter has completed all the obligations to which I replied with correction I replied and ever since there no response from them I am mentally getting harassed by this and wanna end this marriage what should I do

Amit   18 August 2018 at 08:11

HMA 24 Maintenance

Kindly advice that if maintenance under HMA 24 is being decided for application filed by wife in divorce case filed by husband & later if husband withdraw divorce case then will that maintenance will also stop & wat reason to be given to court to withdraw case if OP want to contest it on merits

Kamal   16 August 2018 at 13:57

Name change in old property documents

Good Day Experts,
Myself Kamal Triloksingh settled in Virar Maharashtra for the last 30 years. All my documents, house etc. are in the same name.

However my parents had named me Kunwarjit and the 'Kisan bahi' in my village(Pauri Garhwal) bear the name 'Kunwarjit'.

I now wish to return to my village. Kindly advise what should be done to change the name in 'Kisan bahi', because when I submitted my aadhar etc. there was great confusion. There are no issues from my brothers, relatives etc., only the different name is creating issues.

Thanks for reading my question.

ANURAG   15 August 2018 at 19:38

Annulment of void marriage

Only 2 months have past of marriage and all sorts of compromises failed to protect marriage.NO registration of marriage has been done and both parties readily agree for quick separation for their future prospects as both are almost overage.Marriage is not consummated and bride is confident to prove that she is untouched(Virgin). She alleges that ceremony was done forcefully(emotional blackmail) and had married earlier with someone at Hindu temple but with little proof. Can we file the case of annulment on the ground forceful marriage, bigamy as it is second marriage? Second party(husband) have no objection and looking cooperative for ex parte decision in order to Avoid next long 18 months wait for mutual consent. Please guide in this matter for robust way of liberating both lives? Thanks again.

Anonymous   14 August 2018 at 23:27

Divorce case

After 3 years of separation with my wife i had filed a divorce case against my wife. i got divorce decree after 1 year as she did not attend court and became a ex-parte . later she filed high court case to nullify divorce case she won that case ,verdict was given in just 2 months as my lawyer also joined with her after taking huge sum of money from me.

Now judgement is case is disposed in high court and given to family court for fresh hearing. here my time my money is all lost with no results . law always favours women . she dosent want to stay with me and wants me to suffer,but in court she said she does not want divorce

What can i do? i have hard time trusting lawyers .. all lawyers are not bad . but iam kind of stuck should i withdraw case or pursue case. i dont want to waste time and money again.

Ashu   14 August 2018 at 15:27

Distribution of father's property and his liabilities.

Dear Sir
मै आशीष कुमार, मेरे पिताजी बैंक अधिकारी थे, उनकी दो शादियां हुई जिसमें से पहली बीबी की मृत्यु हो गई, पहली बीबी से तीन संतान (मैं और मेरी दो बहनें) दूसरी बीबी (मेरी सौतेली माँ) से चार बेटे और एक बेटी हैं, मेरे पिता जी का देहांत हो गया, उन्होंने मुझे अपने ग्रेच्युटी में 50% और PF में 100% nominee बनाया था, जिसको बैंक ने मुझे उनके housing loan, car loan and other loans का amount deduct कर के payment किया।
अब मेरी माँ (step mother) और उनका बड़ा लड़का वो घर बेच रहे हैं (मेरी बिना जानकारी के)।2lakhs का agreement भी किसी property dealer से कर चुके हैं। जब मैंने इसके बारे में पूछा तो वे लोग मुझे जान से मारने की धमकी देने लगे।

मेरा प्रश्न है कि-

क्या मेरा उस घर और कार पर पूर्ण अधिकार है। इसके लिए मैं दावा कर सकता हूँ?

Please guide me..
Thank you sir.

Saira Banu   14 August 2018 at 09:37

Wife seeking divorce

Muslim wife left 2 kids 10 and 12 yrs old and ran away taking all jewels and her certificates to her parents home in 2010. Husband was living with wife and 2 kids for 15 years abroad and had no job after returning from abroad and was forced to take care of the 2 kids without job. Husband married another woman to take care of the kids after the kids pleaded their mother to return and informed her that father will marry if she doesnt return. Husband's mother and friends helped in educating his children and has a huge debt to pay them. Wife filed for divorce in 2016 to marry her lover. Currently in the Draft Issues stage in court. Wife working in school since 2010 and enjoying her life alone. Husband wants ACCOUNTABILITY on the part of wife for neglecting the kids future, dessertion, cruelty, failing in matrimonial duties towards husband and kids etc. Husband is willing to give divorce on following conditions:
1. Return the husband's jewels given at the time of marriage
2. Pay the school fees of children from 2010 to 2018 or Disown the children if not willing to pay
3. Wife's father to pay back loan given by husband's mother for the wife's neice marriage.

Husband hopes for a judgement keeping in view whether his kids should be married if the judgement will favour the wife without making her accountable. What will be the judge's decision if the husband does not sign the divorce if the conditions above are not met.

Please advise.

Manikandan   13 August 2018 at 22:25

Register marriage

I am a widower and I would like to marry divorcee.We have proper document but both family not accept our decision. So we would like to do our marriage in temple and Register our marriage. Unfortunately no temple was accept to do marriage inside temple. I have approach some agent. They were asked more money. So please help me.

Shiv Gawale   13 August 2018 at 21:43

Guideline regarding 498a

Sir,
Me & my wife stay separately from last 7 years. In between she had filed dowry case (498A) in May 2016. Till date I have not received any type of samans, my lawyer told me about this case but my lawyer got information not on time. In between court decide a judgment against me & my family members on the basis of several reminders from court but no response from our side so, court order to arrest me and my family members. Actually I have not received samans or any type information regarding this case it may be intestinally hide by my wife & her lawyer.
As per my lawyer said me regarding this case I have filed reconsideration appeal (397) with reference to Supreme Court appeal no. 1265/2017 Rajendra Sharma vs Utter pardesh regarding guideline and misuse of 498A. But honorable court refuse my appeal, reason is no such type of guideline received as on date and reference case of Chandra dev vs prakash chadra \ghosh A.I.R. 1963 S.C. 1430 and Nageshwar Tiwari A.I.R. 2010 S.C. 2261 honorable high court matter is “where there was prima facie evidence. The Magistrate was bound to issue process and even though the person charged of an offence in the complaint might have a defense, the matter has to be left to be decided by an appropriate forum at an appropriate stage. It was further held that the issue of process can be refused only when the Magistrate finds that the evidence led by the complainant is self contradictory or intrinsically untrustworthy”.
My query is Can without any evidence filed 498A and what is the procedure of close down this case?
On my knowledge any type of order by Honorable Supreme Court to follow all the court for the date of judgment or order so, why family court not follows the guideline of Honorable Supreme Court in this case?
What is the revision procedure filed in session court?
Also guide me on what basis I have go to high court?

Dharmesh   13 August 2018 at 13:52

498a

Hi ..My case is going in Vadodara since 2015 for 498a and DV.

Can i apply for Quashing of 498a and DV .

Thanks
Dharmesh