Anonymous
08 October 2011 at 17:08
Respected Sir,
I superannuated from a PSU in Dec.’2010. In Aug.2009 I posted resume for marriage of my daughter (then pursuing PG in Retail Mgt. 3rd Seem) in Shaadi.Com. One NRI boy from Muscat staying in Mumbai for treatment of his ailing mother approached us with proposal which we rejected but he kept on pursuing my family including daughter to influence with all possible modes and even involved his parents too who contacted us for permitting them to visit India from Muscat for negotiations and his father came to us on his own on 18th Oct’2009.
The way he represented himself and keeping in view the opinion in general of my own people we could not deny and engagement was performed hurriedly on 29.10.2009 and marriage fixed up after the completion of daughter’s education.
Later his father visited again on 16.11.2009 before leaving for Muscat and stayed with us upto 19th Oct. only to get early date of marriage. We expressed our concern for her 3rd sem Exams. scheduled in Dec.’2009 and mandatory requirement of the completion of on the job training during 4th Seem to complete her Course. He then proposed to get her training arranged at Muscat itself in better way and perform marriage in Jan’2010 after her Exams.
However the marriage was performed on 20th Jan’2010 and Marriage got registered at my place on 23.01.2010.The couple stayed in India uptill 26.02.2010 (to attend marriage of my son on 09.02.2010 and also for getting Visa for my daughter) and reached Muscat on date.
The behavior of the boy from the very next date of the marriage was entirely changed with us and we could hardly get chances to talk to our daughter. The scenario was unexpected after their arrival a Muscat too. The real picture there as against the exposure given by them to us was just different & shocking for my daughter. On 7th March’2010 we got a call from her mother in law to call the daughter back home and on 17th March’2010 she was handed over an air ticket by her father in law with a sms to me to receive her at airport next day.
On 26th March’2010 her mother in law attempted to commit suicide with some inflammable material when the son & daughter in law were inside the home and husband was outstation. The mental torture to my daughter reached at the extreme when her father in law held her responsible for the incident and she ultimately busted out and insisted to send her back to India or she would cry & attract public & police. Ultimately she was given air tkt and dropped at airport and thus she alone landed in India on 2nd April 2010 barely with 2 pairs of apparels, her documents.
Later on 4th April we got a sms that her mother in law could not survive and expired in hospital on4th April’2010. We kept on trying to contact them, their relatives at Mumbai thr’gh mobile & net but no response and everybody kept mum. On 18th April they picked phone from airport and straightaway asked us to send them the divorce documents.
The boy has never responded to calls of my daughter and always her father in law comes in the way repeating the same demand of divorce. We have been trying to contact their relatives for mediation but no response since then and every now & then his father in law is calling with threats for divorce. Neither they are giving the reasons nor accept mediation.They are not ready to return her belongings, compensation or any thing lying there except few apparels sent through one of relative Mumbai.The boy has responded call of my daughter two times since April’2010 and sent one mail msg asking her for Divorce.
Now at this juncture when more than 18 months of their separation have passed we too have concluded that there are zero chances for any positive result hence thinking of divorce but due to being in small city, financial constraints besides un-predicted period for disposal of case ,lengthy process in judiciary and fear of social defamation, not getting solution.
May I request honorable experts to help & guide me course of action.
Thanks & Regards
Lakshmi
Knowledge Gainer
08 October 2011 at 16:39
Dear Experts,
Petitioner wife filed divorce case. As the case is in evidence stage, She has to file affidavit and produce evidence. Suppose wife files affidavit which subsequently proved to be wrong or her affidavit don't stand in the court then wife has to face action for perjury as well as filling false evidences. Counsel is also knowing this.
I would like to know that in this case her counsel is also equally guilty as facts mentioned in the affidavit are verified by counsel? If yes, than under which act and section?
I know giving answer to this query is tough for all experts and against professional ethics, but there are some counsel such as my wife's advocate who do wrong inspite of knowing the fact that whatever they are doing is false or has no legal validity. It is wasting of Court's valuable time also.
Thanks
Prashant Shah
08 October 2011 at 16:21
I am Prashant Shah. My wife has done 8 false cases on me and my family as 498/DV/125/sec.9 etc. She had done 125 & sec. 9 in 2008 and at that time I had done sec. 9 in family court. At the same time 498 & DV were done by her in 2008. Due to section 9 done by both of us court has closed 125 and both section 9 and gave conditional judgments. Conditions are (1) She has to live with me and my family peacefully and don’t make quarrel. If she will break this condition she will not entitled to get maintenance. (2) I have to keep her happy and live peacefully. If I kick out her from home then I have to give her maintenance as Rs. 2000/- to her and Rs. 1000/- for my 3 year old son. My son is living with her since his birth. Court had given the above judgment in three cases i.e. 125, Section 9 (done by her), Section 9 (done by myself). I have taken her to my home on same Day of Judgment. After living with me for 20 days, she left my home without any reason and registered a false chapter case on me at police station that I have kicked out her. After that she has done application to court to start maintenance of Rs. 3000/- per month as per judgment of Section 9 which done by her. Same time she had done 125 again but it was opposed by my lawyer and then after 5 months she has withdrawn 125. After that she has done 127 to increase the maintenance due to inflation. I, my lawyer and her lawyer discussed the case out of court and we agreed to pay Rs. 3000/- per month since she left my home. But now in court they demand for Rs. 3000/- per month in three cases (125, my section 9 and her section 9) as all cases judgment is same. Judgment in all three cases was letter, word wise same we can say carbon copy. So now they ask for total Rs. 9000/- per month. Now I would like to know is it possible one can ask for same maintenance in three different cases. Is there any judgment from Supreme Court related to same maintenance in different cases?
Ramesh
08 October 2011 at 16:07
Dear Sir,
I had filed a divorce case in Hosur in 2006 and was set exparte in 2008. My wife reopened the case and transferred the case through High court order to the family court in chennai. High court set the deadline of sept 2008. Now we are in 2011 I have filed a custody of children case also in which IA enquiry is over order has not been passed even after 0ne year.
My Daughter is 19 years old and son is 15 years old.
Can I file a special leave petition in the high court for speedy conduct of case.
My wife is employed in a private school and did not file maintenance .
What is my liability with regard to maintenance.
Please advice
HAMIDA
08 October 2011 at 15:39
Hello friends
i am a teacher and working in state government secondary school.i got married last year.These are my few queries for which i want experts comment
1)i do not want to change my name after marriage is it legally compulsory to change name after marriage?
2)if i do not change my name will it in anyway affect my professional carrier.
3)Is it okay if my name is still miss professionally and not changed to mrs.
4)how could i change nomination of my house to my husband name if i dont change my name.
thankyou
Anonymous
08 October 2011 at 14:11
voidable marrige-decree of nullity granted by court-lateron wife claimed maintenance-whether it should be granted
Anonymous
08 October 2011 at 11:47
The Petitioner filed a divorce petition majorly giving two reasons 1. Adultery 2. Cruelty but finally he claimed DIVORCE under section 13(1)(ia)is it maintainable without making adulterer as party to the petition
Member (Account Deleted)
08 October 2011 at 07:15
Hi , I and my partner have filed for divorce under mutual consent. What if the other party does not turn up on the second/final date?
Anonymous
07 October 2011 at 22:22
My wife has put 498A case against me in Dec 2010 and the police has filed the chargesheet.
The vakalatnama of advocate of my wife was not signed by my wife but it was signed by her lawyer only.
will vakalatnama unsigned by my wife would be of any help to me in fighting my case.
Can I argue that case is itself not maintainable as her lawyer appeared before the court without her approval.
Thanks............
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
About maintenance case
hi
i got married on 19feb2009,applied for divorce as my husband and i couln't lead marital life as he was impotent,he agred to give me divorce only if i don't demand for maintenance and leave all my thing give at the time of marriage.
so my query is can i file maintenance after divorce. plz help me out if i can,how should i proceed