Anonymous
07 September 2011 at 02:09
Wife is suffering schizophrenia disease since 2005 and at the time of marriage in-laws family members suppressed the same and took marriage of their daughter and after nine months of marriage wife's in-laws came to know when she showed her disorder behavior and on query, thereafter she is living with her parents but her in-laws do not agree to accept her and so also her husband. But in intervening of relatives of both sides for settlements, her parents agreed for mutual separation by writing only on stamp papers. They don't agree for mutual judicial separation on the ground that they have no hope on her daughter whether she agree for mutual divorce before the Judge at the time of conciliation due her disease. I want to know whether simply writing a mutual agreement for separation on the stamp paper is acceptable in law or not? Her parents are also not agree for notarization of such mutual agreement for separation due her daughter's disease. They are only agreed to sign in presence of the witnesses who were present at the time of family conciliation. Please guide me........... AMAR
Anonymous
07 September 2011 at 00:54
Hi
My younger brother who is about 30 and he got married some 4 years back with a girl at first he wasnt interested in the marriage bcoz the girl was not that good looking due to my mothers pressure he was forced to marry her and was happily living with her and had a kid as well.
The girl is not so matured and create a mess about almost anything and everything to which my brother looses his temper and start fighting with her or sometimes he will fight with my parents or couple of times he had fought with me as well listening to his wife backbites.
3 weeks back my brother was caught having a relationship with a girl and he was seeing her for sometime like 4 months.
He has told my mother that he doesnt want to live with his wife anymore and he wants to get an divorce from her and live with his new found girl (which my mother completely didnt accept and told my brother to leave the house if he has any such things in mind , my mother also insisted that he will not inherit anything if he is going to do any such thing and she will take care of his daughter and wife)
My brother went and told the same thing to his wife and she brought her family which is quite a local notorious one ( due to the previous friction created by my brother wife between me and my brother we dont speak much ) and iv told them you can ask and do whatever you want to we will not involve in this subject as me and my mother were already against my brothers activities .
last they came to my brothers place and beat him up and took him to the police station , and his wife and uncle called his work place and told them that he has
stolen gold and cash from house and ran away with a girl ( the boss immediately fired him from work) they took him to the police station and handcuffed him for two days inside the police station ( The police station doesnt belongs to our area ) my brother wifes uncle is a watch man in the local court and he used his influence along with some of his accompanied rowdies . i was about to hit em when i heard that they hit my brother but my mom stopped me coz somewhere we knew that he had to learn some lessons but now im feelings very bad that they have overdid it, from our place they took my brother saying that they going to take him to the police station around 12 in the midnight , but they took him to their place and beat him up till 3 after that they brought him to the police station which doesn't belongs to our locality.
they also made him write and got his signature saying that he has got 100 sovereign from his wife as dowry ( which is a lie ) and god knows what all they have done. Then the second day after getting all the signature from him in the police station they brought him home back to live with his wife, now his wife is threatening everyone at home that if anyone else in the future comes for support for him they will do the same as they did with my brother.
Me and my mother knows that my brother was wrong and wasn't in the right path but still the punishment , harassment he got is just too much.
Now my brother has realized his mistake and feelings sorry for whatever has happened.
Never take a girl or a boy from a cheap local family who don't know how to speak decently.
Id request you all to help me sort this legally.
im planning to call all those who were involved in this over the mobile phone and record the conversation to prove my brothers innocence. Since they have some influence in local court and some cops know them they have taken too much of advantage.
i know some might not like this due to my brothers wrong doing , Hey im sorry . He is my brother and im feeling ashamed of myself that i have let them hit him.
kindly help me take legal action against them so that this doesn't happen again in the future. i do not exactly want to take revenge , i just want to be safe that this doesn't happen again in the future.
They all hit my brother including kids who were 15 and ladies and they took him to another place and all of them hit him there for some time .
They took him to the wrong police station in-spite of knowing the it doesn't belong to our locality.
They kept my brother in station for 2 days hand cuffed in the station.
They have taken his signature on false documents admitting things which are totally baseless.
Kindly help me save my brother from these people.
Im sure that my brother has realized his mistake and wrong doing but he is scared that these people will again take advantage of what they did , and her uncle pretended as a cop and called my brother work place and told him that im speaking from the police station due to which they fired my brother from work.
Now my brother is like half dead and have not been speaking to any one from the past couple of days.
Thanks and i appreciate your response
Anonymous
06 September 2011 at 20:32
I have imposed conjugal rights case on my wife and the case is on evidence now. When My wife stays with me, we both are earning hands, Then we thought that we have to buy a car on loan. My wife says that you should pay the instalments of the loan from your salary and I would bear the expenditure of home. No, without reasonable cause she leave the home with child. Can I impose maintenance case on my file on the ground that with his concent i had purchased the car on loan, and now i bear the expenditure of car loan and other expenses of the house. Please guide.
P.C. Joshi
06 September 2011 at 19:51
Dear Friends,
I need your advise on the following matter.
A having a residential House on 500 mtrs plot died survied by his wife B and two sons C and D. D has died two years back leaving behind two adult daughters.
B is living with surving son C because d's family is not in a position to look after her.
C has already one owend house where he is living with B. D's family lives in the house left by A. B has influenced his mother and got the house transferred in his name and issued a notice through court to D's family to vacate the house.
Is there any remedy with D 's family to apply for partition/injuncton against the vacation order.
Just small reply with applicable law will help me to go into detailed provisions.
Pls help.
Thanks
P.C. Joshi
Anonymous
06 September 2011 at 17:00
Mine was an arranged marriage and i agreed for the marriage on the terms that my husband would settle alongwith me in Mumbai. Inspite of having a good job here in Mumbai, my husband abruptly took a decision of shifting to Pune to stay with his parents and left his job in Mumbai after the birth of our son. He was working in Mumbai for 3 years and when he shifted to Pune, he was jobless for about 13 months. I was totally unaware of his decision, as i had come to stay with my parents for the delivery period and he told me and my parents about shifting just five days prior of the shifting, expecting me to come alongwith him to Pune. He left the place where we stayed on rent, he cancelled the flat which we had booked in Mumbai and left his job also without even informing me. This decision of my husband was indirectly taken by my father in law. My inlaws behaviour towards me is not good and moreover my husband also blindly listens to them and tortures me mentally. He had also demanded money from me oftenly. So i don't want to stay with them in Pune. Also my father in law has taken away all the savings of my husband and made him financially dependant. They now say that they never had any intention of settling in Mumbai. They have cheated me.And now they are harrassing me by sending their relatives and sending some formal/legal letters blaming me and my brother/mother for not coming to Pune. Its now almost one and half year i am staying at my parents house. In between i had consulted a lawyer also but my father in law met my lawyer and told him some other story. I had a good running business here in Mumbai but now i had to close it and do a job as i have to look after my child. What should i do?
seema
06 September 2011 at 15:55
Petition for RCR filed by the wife. now both the parties want to put an end to the marriage by mutual settlement.please advice the steps how it can be done??
Anonymous
06 September 2011 at 14:29
one party is NRI and second is INDIAN so under which act they can register their marriage ? (both parties are hindu)
BJM_BJM_BJM
06 September 2011 at 11:37
Learned Sirs /Madams ,
The forum has been guiding me with the valuable advices .I request you all to advice me as my case is becoming complicated:
@ My husband(army officer) and me lived in the house provided by army authorities on rent at Ludhiana in the year 2007 where i was thrown out in Sept 2007. I came back to dehradun to my parents. He got transfered to Hyderabad and then to Meerut meanwhile.I kept trying to go back home but I was denied residence there .
@ In Feb 2009 I applied for Residential orders under DV act . In jun 2009 my husband produced expartie divorce decree from vishakapatnam family court who had no jurisdiction over the issue and I was shocked . Meanwhile DV court at dehradun was confused to give me Residential orders and finally giving me interim orders to residential stay with my husband at Meerut cantt house injuly 2010.I went there and stayed there for 3 days .Meanwhile judge got changed and my husband too got posting at Ambala. I literally fought the expartie divorce and it got set aside in 2010.
@ Now even after winning the cancellation of divorce DV court denied me the residential orders as it said that Ambala army house is not mine shared household .
I donot know ---which is my home .? Please tell me that why my husband's house is not my home . All my belongings and stridan is in the house ....my kitchen ...my mandir ....tell me why it is not my house ????????
pls guide ....can i file any writ
or only appeal ---it will agin take my few years .....i feel harrsed at the hands of law ...
Pls guide
Bharti
Venkatesh G
06 September 2011 at 10:54
How can I transfer funds from my individual account to my HUF account where I am the Kartha?
Is there a limit on the fund transfered in a financial year?
Should the funds be transferred with a gift deed to the HUF?
The purpose of transfer of funds from personal account (Tax paid on income already) to HUF account is to accumulate for son's education by way of FDs and other investments from the HUF account. The motive is to reduce the tax liability in the hands of the individual and use the eligibility in HUF.
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Judgment on reconciliation of marriage
1. Is there any such judgment available that court has directed few days holiday trip for both husband and wife with protection of police force during the process of reconciliation of marriage (RCR Execution proceeding) to start conjugal life again? Court will arrange or fix the destination but expenses will bear by the parties / party.
2. If a wife submitted her reply to the Ld. Court that she want to stay with the husband during the execution of RCR ex-parte decree and surprisingly outside of the court threatening her husband to get agree for divorce on mutual consent (13B). If the husband proceeds the instant case will face music of the court/ jail along with bundle cases which makes his life measurable. Under these circumstances is there any such judgment available that if wife try to lodge false FIR on the same day or later against her husband u/s. 498A of IPC etc. police will investigate first before arrest.