Jyoti S. Ansari
11 January 2011 at 11:16
I am Hindu Girl and got married to a muslim boy on 18.05.08
This marriage was arranged by my parents. We do have marriage photographs and it was solemnized in a Community Centre in Delhi
I am resident of Delhi since my childhood and my husband belongs to Bihar.
At present we are staying in Kishangarh, Vasant Kunj from past one and a half year.
I would like to know that procedure for getting marriage certificate under special marriage act.
And if someone can help us in this, then please let me know
Thanks
Jyoti Ansari
Anonymous
11 January 2011 at 09:29
sirs,husband filed for rcr.she filed under 125 of crpc.in the notices she stated the total false allegations and also vague.in conciliation process under 125 crpc she demanding a statement from me that i wont do any thing.total mistake of her &parents revealed in front of councillor.
1)why should i write the statement with her own mistakes.
2)"without giving the statement and asking for conciliation without conditions"is it my refusal for conciliation?how should the court take?
3)"she is taking the advantage of her own wrong"on this point can i contest in higher court as i am not refusing her only as i am asking dont put conditions.if they desire i am ready for trail after conciliation also.
pratap reddy
10 January 2011 at 21:54
I am an husband married on 8th November 2009. I am suffering with my wife tortures like she want to separate me from my parents and want all her control on my earnings and also threatening from her and her parents that, if i don't come into her grip she and her parents will file cases on me and my family members. I am facing this type of mental tortures from her since the 4th day after my marriage. She also not agreed for sexual intercourse.
For the last 14 months she is residing in her parent’s home in Suryapet, with out taking visa to join with me in Italy and also not living in my house in Macherla in India with my parents even though I requested. She told that, she do not want to stay along with my (husband) parents and also she told that, since last 5 years prior to our marriage she loved a boy but her parents denied to marry her with him and her parents further searched for a rich orphan well settled boy to marry, after she completed MCA degree in 2004(this she told me within 10 days after marriage). This shows that clearly her cruel mentality and cheating nature of her parents.
I totally cheated by her and her parents as they told during marriage discussions that, she is good girl well co-operative and adjustable girl, and even i informed her and asked for co-operation agree during the engagement day itself that, my parents will stay with me only instead of my brother as my brother is economically week. Then she agreed but after marriage is over, she started the torture which is actually her real character. Even she did not tried to complete VISA procedure to get Visa in India to join with me after my several requests.
Now i am in very disturbed state of mental condition, and i am unable to do my research projects also not in a well concentrated mind in the university in Italy. Her behavior and threatening in phone conversations till the April 2010 end (later i stopped phone contact conversations with her cruel way of thinking and mental torture to me) made me totally mentally disturbed.
I am working on scientific project in Italy, these tortures are very much disturbing me and causing threat to my scientific future. I decided to take divorce as I think I am unable to continue marriage life with her. She is staying till today in her parent’s house and she only stayed 1 day in my home during marriage reception.
Sir recently on 25th Nov. 2010, my parents had discussions with her parents among the sacred mediators in my sister and brother-in-law house (it is the same town of wife). During the discussions my parents brought the issue what I am suffering and my family suffering with her attitude and her talks with me in telephone conversations (like she do not like in-laws and wants to separate me from my parents and demanding my salaried to transfer into her accounts instead of my parents etc.,). And my parents requested o stay with them coming to my home in my town, and also requested assurance bond from her parents and from her, that she has changed completely and behave in good moral value girl and mingle with in-laws and co-operate with our well reputed (in my town) family and system.
But her parents denied and moreover threatened in an abused manner that, their daughter won’t come to our (husband) parents home and also they denied to take the chance to keep their daughter with my parents home for the betterment of her change in mentality. Moreover they immorally demanding that, I (husband) have to bear all her tortures and behaviors as I had tied the sacred thread to her neck. But sir really speaking she never co-operated for the costumed family way of living in the days I stayed in India after marriage, and even not behaved in a decent wife way of talks in telephone conversations. Sir I am severely suffering with her behaviors as my profession highly needs a peace of mentality.
Further her parents also threatened my parents that, if I (husband) do not obey her (wife) all desires (which are actually abnormal) they will do dharna in front of my sister-brother-in-law home and demanding my(husband) immediate return to India. If not they will files cases on my family and myself. Also her (wife) father called to my mobile in Italy and threatened me the same on the same day after the unfruitful discussions and warnings to my parents by them (wife parents).
Sir immediate to the next day (26th Nov. 2010) her (wife) uncle (age is around 45) intimated to our relative at my sister and brother-in-law home that, they will file a petition in the court against my family and myself.
Sir here I once again request you to keenly observe her and her family behaviour and talking’s and their moral values and the way they resolving the issues (very immoral and arrogant and torturing way) in the discussion meeting with my parents. All these things highly disturbed me mentally and all my threshold limits were broken. Being my self cheated by her and her parents and her family non moral values and their tortures since last 14 months. Hence now I decided to get separation from her from the marriage bond, otherwise it (wife and wife family) will totally spoil my mental piece, bright scientific future , totally me and my well reputed family system .
Kindly also suggest me filing the divorce petition, that would protect me by dissolution of the decree of marriage certificate to relieve from the cruel wife and her parents.
Thank you very much
PRM
Kartik dhar
10 January 2011 at 21:43
Hello Xperts!
Sorry for not being in touch for a long time!
I would really appreciate if you cud help me on this.
My wife has taken my 9 months old child and has abandoned me since 3 mnths and I am planning to go abroad for 1 year.
1. What if she does not file for a divorce?
2. What will I loose if I file for a divorce since she is not making her move first?
3. After more than a year of non co-habitation can we get a divorce automatically or she can ask for maintainence at ant time?
Much appreciated!
Anonymous
10 January 2011 at 17:47
Can a second wife claim interim maintenance from husband under Hindu Adoptions And Maintenance Act 1956.
Kindly give me citations in this regard
Anonymous
10 January 2011 at 17:22
One expert advised to file An application for a decree for dissolution of marriage by mutual consent under section 28 of Special Marriage Act read with Order 23 Rule 3 of C.P.C. / HMA 13
I want to know what is the effect of Order 23 Rule 3 of CPC in connection with Section 28 of Special Marriage Act.
If the portion 'read with Order 23 Rule 3 of CPC/HMA' is not mentioned what is the disadvantage ?
Pls. clarify
Anonymous
10 January 2011 at 13:43
Marriage was solemnized following Hindu rites performing saptapadi. This marriage was also registered under Special Marriage Act.
Now the question is whether marriage requires to be nullified under both the acts ? I mean once get diverce under 13B and again under 28 of Spl.MA (in case of mutual consent)
Pls. clarify
Anonymous
10 January 2011 at 13:03
wife is trying to take divorce in UK and husband in india. not living together for last 2 years. after marriage she went with her husband and after a child is born and after one year she complained to police on dv alongwith her mother who joined them a fortnight ago. police filed a criminal case against him and actually collaborated with wife and he was kept in jail and the case was decided since the husband pleaded guilty and wife pardoned him and ultimately he was awarded a fine and 2 year community service and forced to quit uk since he lost his job.
wife told later she will go for mutual consent divorce and husband insisted it should be taken in India as per hindu marriage act but she nicely alongwith her lawyer she put a case of divorce in uk court.
pleae clarify
whether the divorce in foreign court is valid or not if so or not so under what sections of the act.
she is trying to get citizenship of uk by showing this. she has taken away the child to uk after she visited india without informing the husbadn. is child allowed to get out of this country without huband's consent? the child age is 3 years
Anonymous
10 January 2011 at 12:55
sirs, court ordered intereum maintanance u/s 125 main petition without taking my money obligations.as a result i am facing financial problems.
1)can i file for revision in my jurisdiction
2)or i should file in the same court which she filed?
3)any chance for high court of ap to stay?
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Divorce pending
Pending divorce case where husband and wife stays away for more than 8yrs.The husband is not paying maintenance and is staying with another woman and has got a kid of 9 months.Not read to pay alimony and the case is pending?Like in one query will there be any legal action if it is more than 7years and what will be the best solution to dissolve this marriage.The property is attached by the court (husbands)and the settlement negotiation is not done yet.Pls give a genuine answer.thanks