Asghar
25 October 2011 at 16:40
Hello Everyone,
I’m Asghar Ali working for MNC in Bangalore. I got married 2 years back and I’ve daughter who is 12 months old. 3 months back my wife applied for Khula (Divorce) in local Jamat (Mosque). She has given in petition that she’s not happy with me and she went through harassment and torture. Last week my wife’s petition came for hearing in Jamat (Mosque).
The first question was raised by Jamat (Mosque) that if she’s not happy then how come you delivered baby girl. Love and affection should be both the end (Husband & Wife), if you love your husband you shouldn’t have submitted the petition in Jamat (Mosque) seeking Khula (Divorce). She kept quit and she didn’t respond to jamat (mosque)
The second question was about harassment and torture. When she was asked to tell some instances where she faced harassment and torture, she was not able to tell anything instead of keeping silence. Her family also not able to tell anything about it
She also blamed that once she saw I was sleeping my sister-in-law’s room. For that Jamat (Mosque) asked whether my sister in law was there in that room when I was sleeping. She said no
Also when the final conclusion was asked with my wife’s uncle, he made the statement that “Knowingly or un-knowingly we put our leg in mud and we don’t want repeat this at any cost” which was directly harassing me and my family.
After going through the discussion I was asked by Jamat (Mosque) to submit the petition from my side against these allegations, hence, I submitted the petition by giving the clarification against these allegations. For few instances (like my wife’s silence on harassment & torture and my wife’s uncle hurting statement) I’ve mentioned the jamat (mosque) is witness for the same. If my wife file the false dowry case against me, Can I take jamat as a witness for the same. Can jamat deny becoming witness in court?
Please suggest me the best according to Indian law!
Thanks in advance!
Anonymous
25 October 2011 at 15:57
A (Woman) is married to B (man) in 1977. They are living separately since 1978 after 8 months of marriage. B had earlier applied for divorce but never granted till date. B is paying Maintenance to A regularly. A is having a daughter (C) from B in 1978. A is living with her parents since 1978 till date. Now the present query is that if father of A wants to transfer/gift some of his assets/bank balance/property in his will in the name of A, will B have the right/ ownership on that received assets by A from his father through will. I am the daughter of A and my Nanaji (father of A) wants to write a will in such a way that after him a proportion/ share of his assets will be in the name of A for her livelihood and survival and after that all the assets of A will transfer to her daughter (C) and B will have no right of use or ownership on the assets of A. Please suggests me if it is possible and if yes then how? I will be obliged.
Fighting for a cause
25 October 2011 at 15:56
Hi,
Diwali greetings to all of you.
I am defending a case of 125. The women in her evidence has said "that I am lying that I have left my job, I have kicked her out of my house (Maar Pit Kar Nikal Diya), I have never sent any money to her after she left. I refused to pay the school fee of my six year old daughter, my daughter is now seven +.In the year 2008 my husband salary was 14000/-. I have threat to my life from my husband. I am jobless though I am educated".
Facts from my side.
Love marriage in oct 1996. Not a single person from any of the parent side was present. I am BSc and she is MA BEd. Pay in slip for amount transferred to her account is available, school fee receipt are with me, video recording from my mobile when she left for her native place on 27th Sep 2010 is with me as I went to see her off and she travelled in 2nd AC. Experience letter from my company after leaving the job available. She is presently teaching in a public school.
She has not mentioned in this case that earlier in april 2009 she has filed a case for Divorce and under oath her evidence read (Main apni swecchha se talaq le rahin hoon aur meri daughter ki palan poshan ki zimmedari meri hogi), however this divorce petition was rejected and I brought her back without any condition on 21st Aug 2009.
Now my question is that the burden of proof for her job, bank transfer, and her leaving my home in a cordial environment is on me. Will my job experience letter can be accepted as a proof. How to get her bank statement, proof that she is working and how and on what stage these are to be produced in court. She has given her evidence, her cross examination and my evidence are not yet done.
Now my learned members please guide me as I am quite sensitive and feeling the heat more than any other person in the same situation. Job lost, 15 years of efforts lost, health is taking a toll, affection of my most prized possession- my sweet daughter lost.
regards,
Aftab
Anonymous
25 October 2011 at 13:22
Hi,
My marriage was fixed on NOV 13TH 2011.Engagement was held on Aug 21st.But now I came to know we dont have compatibility so I being girl cancelled marrige but they started calling to my and mom's cell and threat us to pay money coz they had made expenditure for marriage purpose and we have cancelled marriage .Now he has also sent high court lawyer notice saying I cancelled coz i dint get dream boy and his prestige has gone down in society and mentally has got lots of problem .So claiming 5lakhs .What can be done for this???? please help me on this .....
Anonymous
25 October 2011 at 12:21
Respected Sirs,
Iam 36 years old female, i got married on 2004, me & my husband living seperately for the past 6 years.
After lot of hurdle & pain
we both applied for Mutual concent divorce,
through a lawyer at Trichy famil court (Tamilnadu)
the application was rejected by Judge,
Reason it was not drafted in correct format and some omission,wrong coding, errors etc.
The lawyer already charged Rs 20,000
For drafting,Court fee and for filling the suit
when we asked the lawyer he said half of the money (Rs 10,000) he had paid to the court as fee.
he also refuses to return any of the money we paid
After enquiring in the court, i came to know he is not a sincere lawyer,
1)PLEASE SOME BODY SEND ME THE CORRECT FORM FOR APPLYING MUTUAL DIVORCE IN Tamil nadu courts.
2)i know without lawyer we can apply for Mutual divorce in the court, we would like to apply ourself directly to the court, please EXPLAIN ME THE PROCEDURE & FEES.
there are Good lawyers,but my bad luck i ended up to the wrong person,
i Alredy wasted several years of precious life time, i donot want to waste anymore.
Please Help me,
Rukmani Priya.
Anonymous
25 October 2011 at 00:52
please make a gist of essential legal points on live in relationship
Vishwajeet Singh Bhati
25 October 2011 at 00:01
I am working on my college project on how the principle of 'justice delayed is justice denied' applies to the landmark case of Shah Bano. I have figured out two heads-
1. The case taking a total of 7 years to reach the SC.
2. Also, the bringing in force of a Uniform Civil Code in India which is still not in force after 64 years of independence.
Please suggest me about other heads I could put in my project.
sekar
24 October 2011 at 22:24
Now the Arya Samaj is required to give notice/intimation to the parents of both sides.this may hold for the Marriage notice also.
Anonymous
24 October 2011 at 19:20
I have been married and seperated in just 2 months of marriage and till now its been 7 years i am seeking for the justice. Mine was arranged marriage by caste gujarati christian.Wife is govt employee but she has an affair with another man and finally the fighting ended with stamp paper divorce in 2005. But this women has very revenging nature and she came to know from the society that i have find somebody for my second marriage so she is trying to create obstacles in my way. i have filed divorce petition in 2007 under section 10 special marriage act on the ground of adultery seperation more than 2 yrs and cruelty (by her criminal cases on me and my family after 5 years of seperation, DV,498 ,323 etc).i was not able to prove adultery as i dont have proofs.i have also witnessed notary in order to prove my stamp paper divorce took with her with consent. She has mentioned in family court that she was forced to leave the husbands house. and husband and family has harrassed her for dowry.Stamp paper divorce was also forcefully done etc. Family court judge has rejected my petition mainly on not proving adultery and lack of evidence.
My question is if a person is seperated willingfully with a stamp paper agreement which was purchased by her and signed in the presence of witnesses and since she has harrassed me and my family by false police cases around 8 -9 complaints and after five years DV,498 etc logded by her.Shouldnt a person get divorce on the ground of seperation and crulty since there is no chance of reconciliation. Please advise and also let me know how much time high court takes to decide the appeal.Or is there any possibilites to get the divorce order in this situation. Thank you
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Applicability of section 12 1 d of hindu marriage act 1955
I have a case where in the marriage has taken place as per hindu rituals. The women is now pregnant of 14 weeks where as the duration between marriage and date of medical test is 9 weeks (all original ultra sound scan copies, doctor prescription are avaialable). And now the parents of the women have got the womb aborted with domestic solutions with out any doctor consultations. Since the man was not aware of the details prior to marriage he now wants to file a suit for nullity of marriage. So will it be appropriate. And what are the consequences w.r.to Maintainence and charges that could apply.