Anonymous
15 October 2011 at 09:46
R/Sir
One of my friend's father had illicit relation with a lady. lady had filed a petition U/S 125 Cr.P.C., court ordered maintenance to children only later on my friend's father died in road accident .The lady & her children now claiming as wife & children share in( CPF ,GPF etc.) property .
Please give your valuable suggestion .
Thanking you
Advocate Abhijeet singh
14 October 2011 at 07:23
respected sir if wife of a husband has been left home of her husband from last 3.5years and now till date lives her mother home. tell me is any time she can suit husband under dowary case or other under 498a. also tell me after a long sepration is husband suit for nullity of marriage . plz tell me prospect those benificiary for husband in this condition. what would do by husband wait or case .
Anonymous
14 October 2011 at 01:38
Hi,
My friends father has been threatening his mother and his wife of 21 years with divorce.
His father has no job and all his life has worked for only a few months a year.He is also addicted to alcohol and has been forcing his wife to sell her jewelry since the past few months since my friends grandmother expired.
He lives in a flat left behind from his grandmother.His father wants to sell the flat so he has money to retire on.
I wanted to know whether his mother has any option of legal recourse to ensure she is not left destitute in old age.
What kind of legal help can she hope for?
Thanks in advance
Amy vadesa
13 October 2011 at 21:10
Hello i m a student and i need the drafting of deed for partition of H.U.F. properties among its members.please if any one have it so forward me.
Anonymous
13 October 2011 at 18:18
In the RCR and Interim Maintenence petition filed by my wife, she has not mentioned that she needs a separate accomodation so as to live with only me (husband) and not my joint family. She has just falsely blamed me that I have neglected her and she wants to join me.
But in the first counselling session that we last had, she was arguing that she needs separate accomodation, then only she would join me.
I explained in the counselling that I had not neglected her and want to take her back to my house. Even the Counsellor was insisting her to join me and my family again but she refused on that. I cannot leave my parents and have told this to the counsellor also. Now there would be a next counselling session in some days as the Counsellor has asked her to think and make up her mind on that.
In fact, She herself is not sure about her requirements and has filed a false petition against me. She is an immature girl and just arguing for separate accomodation.
My question is that what would be the output of this Petition filed against me? In past cases which were similar like this one, what was the judgement given.
Anonymous
13 October 2011 at 13:51
It started one and half year back, my friend stays in chennai and the girl in pune...my friend and the girl(Married) was chatting regularly on gmail and they also chatted on sexual topic, they used to flirt each other in almost all the topic, they even talked on phone also, then last year in may the girl visited to my friend place and stayed there for 1 day, next day her husband hacked girls' gmail account and retrieved all the chat history, and with this evidence he lodge the police complain against both and filed a divorce petition. the girl gone back to pune next day itself and after that my friend has not talked to that girl since 1 year....my friend has received the courier FIR letter and divorce petition letter... also recently he has got a mail from pune police station to report....my question is
whether my friend will faced some trouble or not in this regard.
If yes then what kind of ?
Gajender sharma
13 October 2011 at 11:50
what is procedure for registering the marriage which was solemnised in 2006 i.e. before passing the rule in 2008.
Anonymous
13 October 2011 at 10:55
Dear Experts,
Following are the facts of the case:
---------------------------------------
Petitioner allegations:
Marriage took place in august, 2004 under hindu customs. Wife last separated on 30,apr,2006. I filed a divorce petition in family court july, 2007 under cruelty and desertion grounds. The cruelty side is, she is not allowing consummation and belittling me and my family in front of others and desertion side is, she is not willing to stay with me and each time I request her to join she never shows interest to join with me out of 18 months till the separation, she stayed only for 4 months and these 4 months were not continuous days (only sum of her stay with me).
Husband (petitioner) Cross-examination:
I told in the cross-examination that after the final separation on 30-4-2006, I have not approached her to comeback, but sent a legal notice before filing a divorce case. She is responsible for non-consummation, as she was not ready to co-operate with me, this fact I didn't disclose to elders because I wanted to solve this problem mutually with discussions with wife. Also, told that i'm not impotent and ready to face medical test to prove my potency.
Respondent (wife) allegations:
In her counter to my divorce petition, she says, I am impotent and knowingly, I and my mother suppressed this fact and so amount to biological and mental cruelty and her pleading is that divorce be granted on her grounds but not on the petitioner grounds. She also counter-claimed for Rs. 50 Lakh as damages for suppression fact of impotency before marriage. Also, she said, she stayed with me more than a year. Immediately after marriage stayed for 9 days and left for her parent house. Again from 15-04-2004 to 26-01-2005(42 days) and left for parent's house. Again from May, 2005 to till final separation on 30-4-2006 (1 year).
Respondent (wife) cross-examination:
She said, she came to know of (realized) my impotence only after I (petitioner) filed for divorce i.e in 2008 january, by that time it was already 18 months, since separation. She came to this conclusion, after discussing with her parents and grand-father and because petitioner filed for divorce and since no consummation happened. She said, she never discussed anything regarding my impotency with elders. She never approached any doctor nor asked husband to visit any doctor. She also said that even if husband proved to be potent after the medical test also she is not willing to join with him. She also said, during her 1 year stay with me her parents never visited her matrimonial house as she was happy with her husband and never complained anything to her parents. She also said, she has not filed any civil or criminal cases against me except maintenance after I filed for divorce.
Now, she filed a IA petition for my impotency test, which is allowed by family court. The current stage of divorce case is all (petitioner/respondent)evidences are closed only the report from this medical test is remaining to pronounce the judgment.
Currently I'm without job for the last 2 years and studying MBA (student) with no scholarship. Relied on mother for the current sustenance and to pay fees.
My questions are:
-------------------------
case (a):
If medical test proves that I'm potent, then I have not doubt in my mind that I will get divorce on my grounds. But, what will be the quantum of maintenance awarded, she filed for maintenance u/s 18 HAMA?
case (b):
If medical test proves that I'm impotent what might be the judgment be? will the divorce be granted on her allegations? Will the court not view that she never faced problems with husband's impotency and brought this ground only as a counter to husband's divorce petition and also when said she is willing to join husband irrespective of the result of potency test?
how much maintenance be granted, in this situation.
Please comment and advice.
Thank you.
Anonymous
13 October 2011 at 10:44
Dear Experts,
My wife and I are staying separately. I am in A.P and she is in Delhi with her sister's family. We have a son, 6 years old, staying with me. My wife refuses to even talk to our son over phone. If I leave him with her, my wife's sister treats him very badly. She has told her relatives that the child is possessed with evil powers and he may harm them.
As I understand, parents have the right to see and spend time with kids even during separation. Does the child have such right to see and spend some time with his mother?
Can I file a petition with a court to make my wife to spend some time with the son? If so under what section? Can I file a child abuse/ cruelty towards child complaint against my sister-in-law or my wife? I have the proof to show that she has propagated negative feelings against my son.
Thank you !
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Family court counselling results
If nothing gets sorted out in the counselling session, then will the counselling session conversations and status would be passed to the Judge for Hearing or the counselling status would be kept private and confidential?
In the counselling session my wife has denied to join me and has demanded for a separate accommodation though she has not mentioned about her need for separate accommodation in her RCR and Interim Maintenance petition. I am ready to take her back.
Now if the case goes beyond counselling and enters the Hearing phase, then what can be the possible outcomes. What should I possibly expect from her in the Court Hearing date?