xxx
21 September 2011 at 14:23
1. I do not wish to claim alimoney/ maintenance for the child in divorce.
2. The point of argument in Mutual Consent divorce would be Access Terms of the child.
1. Husband is having unrealistic demands towards the access of the child.
I need your advise on -
1. Should I initiate Mutual Consent divorce to stop court visits? However, if we go for mutual consent divorce, life for my husband would be very easy as I do not wish to claim anything and at the same time, he would get Access Terms agreed very easily.
2. If it is ONLY Access that is going to get decided in mutual consent divorce, should I just leave the way it is happening and let my husband make number of applications for each and every request to the court?
3. If we go ahead with mutual consent divorce and decide on Access Terms for the minor child, what if the child refuses to go to the father?
Anonymous
20 September 2011 at 20:49
Hi,
My wife has filed a RCR and an Interim Maintenance petition against me.
My marriage is 8 months old. My wife doesn't like to stay in joint family and is also lazy of doing household work. Also she used to cry remembering her mother all the time. Because of all these reasons, she left her matrimonial house with her mother, telling me that she would return back in 2-3 days but since last 5 months she has not come back. She sent me a legal notice to arrange for a separate accomodation or pay Rs. 15000/- per month, with a false allegation that I have told her to go to her parents house and I would arrange for a separate accomodation and call her back. There were other allegations as well in that notice regarding cruelty.
I gave a nice reply through my advocate to her notice stating all her allegations as false and even stated the fact that I have not told her to go to her parents place and never committed her that I would arrange for a separate accomodation because I believe in Joint Family culture. I also stated in that reply notice that I am ready to take her back and fulfil my obligations as a Husband.
Thereafter, since last 2 months we are not in talking terms with each other. No contacts, no phone calls, nothing. Last month again I sent a legal notice to her asking her to come back out of fear that She may file a maintenance case against me. In that notice I have stated that She has deserted me without any reasonable cause.
My fear was not wrong as she has now filed a RCR and an Interim Maintenance petition against me and I need to attend the Family Court on the 4th October, 2011.
These days I am jobless and I was working in a multinational with good enough salary. So, she has an eye on my salary and have asked for Rs. 15000/- per month as maintenance.
Why should I pay her as I am willing to take her back. Also, within the span of last 5 months, I have sent 2 legal notices to her asking her to come back, so I am also not eligible for RCR petition against me.
Now I need to draft my saying for her petition and need a lawyer. Her petition has the same old false allgeations repeated once again. I need a best lawyer but my budget is too less. Can I get help in this regards from the lawyersclub.com community.
How much time it takes to come out of this court proceedings, once a petition has been filed?
Understanding my whole story above, would the court order me to pay her maintenance or order her to join the matrimonial house? Who will win the case?
I hold a Masters Degree and my age is 30 years, while my wife is an HSC and attended but failed in BCOM and her age is 25 years. Though my family is rich but I have just got my job as my asset and nothing else. I am jobless since last 4 months. Her parents were and are poor with a 1 room house. She has no source of income. In her RCR petition, she has stated that She is ready to live with me in her matrimonial house.
Thanks for your time and toleration, reading all the above stuff. Help me out as I am looking for a very good and a very cheap fee lawyer.
Aaron Smothers
20 September 2011 at 15:17
Hello,
this scenario pertains to a Hindu family.
Background:
-----------------
The elder father and mother both come from modest-to-poor backgrounds, with no inheritance from either side
father's income can barely make ends meet, let alone leave savings to acquire property
mother has never worked for wages, ever
They have a son and 2 daughters. One daughter gets married very young and leaves the house (to live in a different city altogether), the other daughter is unmarried for quite long, has a modest income (none enough to buy assets) and lives in the house.
The son gets a college degree, starts working when he is barely 20, for about 5 years in India, and then goes abroad to work. He works there for 2 decades. Several years after he starts working abroad, through his remittances, a flat is bought in India, BUT THE MOTHER IS NAMED AS THE TITLEHOLDER. (It is sold some years later, as mentioned below).
Question #1 : Is this flat legally admissible as a joint family property?
Some years later, the son, after more years of overseas work and greater savings, comes to India, and buys a plot of land and builds a house. The house is bought with his additional savings, pooled with the proceeds of liquidating the earlier flat mentioned above. This time, THE HOUSE TITLE IS IN HIS NAME, not in his mother's name.
Question #2: Can this house be claimed by the daughters and mother and father as a joint family property?
Background for question #3:
Around the time he buys the (second) house, he gets married. The couple mostly live abroad and visit India only for holidays. When they visit India one time, the son is hit with a terminal illness and dies after about a year.
He writes no will, and they have no childern. Mother and wife are alive, and are class 1 heirs according to Hindu law of intestate succession.
Question# 3: Is there a credible case for the daughters to posture the house as a joint family property and thereby dilute any share for the widow?
Much appreciate your insights! THanks!
Anonymous
20 September 2011 at 14:29
Dear sirs,interim maintainance ordered by the lower court for wife and CRP filed in the HIGH COURT for getting the STAY , High court order for notice for the respondent.can a wife insist for the interim maintainance? what is the remedy?Husband filed RCR before filing the DIVORCE petition by wife which is pending for disposal.
Anonymous
20 September 2011 at 13:33
hello sir/madam
my sister has filed case over her husband for maintenance n domestic violence.there is a locker on a joint a/c of both of dem.her husband is having keys now.so she put an extra lock over it to stop him to operate it alone.she informed the bank about case.now bank is asking her to come n dissolve d issue or they'll take some legal action.bt now in such circumstances we want to know that
1) wat can we do to avoid legal action of bank against her?
2)in locker they have the jewels which they get from both side.so does she has right over the jewellery which she get from her in laws side?
Anonymous
20 September 2011 at 13:25
Can a wife residing in US, having a H 1 visa file a divorce in US court against her husband who is residing in India.
Both are Indian citizens and the marriage was solemnized in India.
Anonymous
20 September 2011 at 02:40
In my DV case, wife's side chief/cross including all witnesses are over. On the next date i am supposed to give my evidence. Unfortunately i need to travel and will be out of station for a month on business contingency. Can I provide my evidence through an affidafit or is it necessary for me to physically present and submit my evidences? Please advice
Arvind Singh Chauhan
19 September 2011 at 21:29
Sir please is there any case law that-
Second wife who already has knowledge, that her husband is already married, can't proceed under DV Act against the first wife, husband and his mother in law.
Anonymous
19 September 2011 at 20:51
Hi,
I would like to know my rights.
My father passed away in 2002. I am the eldest son in the family of 2 children. My mother and my sister (6 years younger) has not been sharing matters relating to financial and legal issues with me and my family. I married in the year 1999. It was a love cum arranged marriage. My mother was not completely in favour of this marriage. It was an problem everyday. Post my father's death I and my family was treated like an outcast. I would not be kept in loop for any matters relating to the house. When I realised this I started asking things openly. But it was very cunningly potrayed as my ulterior motive. I just want to know my rights as a son. We stay at the house my father built. My sister is married and settled.She was given a dowry of 10 lakh from my father's money. She was also given to take the job in my father's company as he died in service although I was entitled for the job.
I am a syrian christian from Kerala. I have not been making a hue and cry about my state as it would disturb the famlily. But now I feel that I should know my rights along with my mother's and sisters. What does the law say? Does the house come to me. What is my share in my father's property and finance? Please advise.
Thanks,
Saju
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