Ajay
17 June 2011 at 09:00
I am a married for last 7 years from May2004.My wife is only staying with me intermittetly.First she stayed away for her higher studies and later now for her Govt Job in UP.We have two chldren.She had styed not more than 18 months with me during all these 7 yrs of mrriage.She last came to stay with me in May2009 at Haldwani and left me again in Mar-2010 for her Govt Job in UP.Now she is pressurazing me either to get me transferred to UP or leave my job if i want to stay with her and family.I am working with a Bank and am liable to be transferred every three years.My suggestion to her that she should join a job, which is near to my posting but she is not ready for it and want to stay only at Lucknow with her parents and family.Even i and my parents have visited 5-6 times to my wife and counselled her to return, she is not ready.
When i am advising her that either she should stay with me or get DIVORCE she and her family is threatening with DV Act and 498 etc and falsely allegating me.I have already filed a RCR in 2009, which is pending at Baroda.Now my question is
1)How can i proceed for divorce on WiLLFUL Dessertion/ Mental Cruelity(As she only stayed with me 18 months out of 84 months and because I am the only son of my old aged parents, her above actions caused my father got heart attack and my mother got depression and Schiznophrenia and thier treatment is on. My parents are not getting any comfort of seeing their grand chidren and are deeply sad.Bcoz of her My children are forced to stay away from their father and their upbringing is affected.My general reputaton in society is adversly affected and bcoz of this my performance in Job is decresing and i could not get promotion.)
2) She did not mention my name as father's name in my daughters school and her name doesnt carry my Surname rather shows "Priyadarshini".
3)Can she still file a case against me under DV or 498 as she is not staying with for last 15 months and marriage is more than 7 years old.
Please ADVICE and SAVe MY SOUL..PLZZZZZ..It hurts a lot..
Anonymous
16 June 2011 at 22:02
my wife had made allegation of dowry of Rs.5 lakhs in FIR under 498a CrPC and 3/4 DPA. allegation of damand of Rs.3 lakhs, land in reply for divorce petition submitted by me. allegation of demand of Rs.3 lakhs, car, land, gold under application for maintenance under CrPC 125. Wether such allegations come under contradiction of statements or not and if comes under contradiction under which rule/section. pl. provide information.
Anonymous
16 June 2011 at 19:16
In a situation where the father has married second time, after the death of his first wife. IF the brother of the second wife marries the daughter from the first marriage of the father then the following may kindly be answered:
(i)Shall the relation of the couples are now, after the marriage of her father and second wife, be of Maternal uncle (mama) and niece?
(ii)Is a marriage of Maternal uncle and niece vaild under Hindu marriage Act?
(iii) Can the daughter claim property and service benefits, pension etc. from this sort of marriage?
(iv)Are the children born out of marriage illegal or illegitimate?
(v) shall the children born out of this marriage of maternal uncle and niece have benefit to their father's property, if illegal?
(vi) kindly quote relevant case/ judgement of Supreme Court or High Court?
Anonymous
16 June 2011 at 18:11
I am going through divorce filed by my wife. I understand that I will have to pay alimony even after divorce. However I want to protect my property (inherited or self acquired) from her.
1. Can she claim my property (inherited or self acquired) during my lifetime either before or after divorce?
2. Can I make a will donating my property to charity so that she does not get anything?
PRADEEP SAMANT
16 June 2011 at 17:59
My Nephew got divorced after 3 years of separation and exparte.. Eevn after the divorce by court three years have been lapsed.. Can he go for remarraige and what precaution he need to take... What is his legal postion in the event that the divorced wife come back once again...?
Anand Kumar Mishra
16 June 2011 at 17:21
I have been staying away since 16 yrs along without divorce, my all children are staying with my wife without my consent.
Now I wish to make new marry sothat I can live rest of the life, what should I do ?
Anonymous
16 June 2011 at 17:06
My deserted me since 4th Jan 2011 as she do not want to take responsibility of our home and my unhealthy parents who has blood cancer. i tried a lot to get her back home but her father refuse to send her and says they need 6 to 8 months to think. At last i have no option to file RCR. Now my questions are :
1) If court pass decree to me what should i do to execute RCR?
2) If my wife still refuse to cohabit what should i have to do?
Anonymous
16 June 2011 at 15:07
Its been 2 years that i am staying separately with my kids, i have filed for divorce but my husband is not ready for it. Can i get ex partee divorce on the basis that we are staying separately from 2 yrs, how long will my divorce take?
Anonymous
16 June 2011 at 14:00
will i have to pay maintenance to her as the sons are with me and under my care?
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Family Agreement
We r in the process of finalising our fathers probate.
There r issues that will remain to be sorted once the probate is complete. Accounts form income and other expenses etc.
We do not want to delay the probate.
How does 1 go about this?
And what is the proper legal procedure?