Anonymous
05 December 2010 at 21:40
Respected Experts,
This has relevance to my previous question on when can a husband who has filed for divorce when his wife was pregnant claim for the child born and whether he can file a petition for the same, irrespective of th fact that he did not take care of the wife or his unborn child (during pregnancy) and also after pregnancy.
NOTE: The wife does not wish to give divorce or ask for maintenance but wants to rejoin her husband.
It is understood that the experts have responded to the same by saying that eventhough a petition can be given by the husband for the same, but the same will not be accepted by teh court,as till the age of 7 the natural guardian of the child is the mother .
Given the above situation, if the husband wants a child LESS THAN ONE YEAR to be brought to the court (Family Court during the conduct of the divorce proceedings ) and he wants to have the child, can he obtain orders to have the child (within the court or anywhere he wants with the permission of the court)
Experts, need your opinion on the same
Request you to please analyse the above situation in the light of the facts mentioned above both in the aspect of humanity (that no care was given to the pregnant woman, unborn child and also the new mother and new born till date) and also as per law (he is the biological father)
I have one more question on the above :-
What should be done, if there is an order passed by the judge to bring a new born baby to the court and give to the husband
The case here is the baby is suffering from cardiac ailment - congenital heart problem and requires open heart surgery and is very small and should not be taken to a place which is prone to infections
Further the judge who has passed such an order did not give a chance to the wife to explain the case to him and also he does not know the facts of the case (As he is a new judge) facts being - wife was sent out of the house during pregnancy, divorce was applied when the wife was in her 4th month of pregnancy and wife wants to live with her husband and has come to the court for 10 hearings during her pregnancy for counselling to rejoin her husband. and husband has not taken care of his wife or unborn child and also post delivery. No emotional, monetary, moral support was given to the wife by the husband instead he has made her suffer during the entire pregnancy. Also, the wife has tried several ways to communicate to her husband during pregnancy and after that too, to the extent of going to his house, but her inlaws have refused to permit her to enter into the house.
What i want to know is - wife is willing 100% to rejoin her husband and she will not file any allegations on her husband or his parents or relatives , but the fact is the relatives and parents of the husband want to do something to the child (that might harm) this is without the knowlege of the husband and they are using the husband as a tool to take their vengeance on the girl and her baby.
The judge who does not know the facts , has passed an order to bring a baby less than one year to the court to be given to the husband - when the baby is still being nursed by the mother. what are the remedies to the girl.
She wants to rejoin her husband but not with the same illwill present in him. please advise the remedies atleast by which she can protect her baby from being given to her husband in a public place.
The wife is willing to have her husband either take her separetely with him with the kid or by asking him to come to her parents house to see the kid and hte husband is refusing either of these two as his parents do not want him to be a husband and a father and have inculcated their thoughts onto him.
Please advise
Anonymous
05 December 2010 at 21:27
I have filed a PWDV case. i don't want divorce, but my mother in law is forcing me. My husband's brother in law and his wife also live at a seperate accomodation just 40 kms away from my matrimonial house due to my mother in law's behaviour. She has illtreated and humiliated me alot.
So i don't want to live with her anymore, i want to live with my husband at a seperate accomodation. But i have a question that my husband can say that my parents are old and remain ill,are diabetic and have bloodpressure, so i cannot shift with my wife, as i need to take care of my parents.
Can my husband say this to avoid me ??? and just to avoid to shift at another accomodation if he use all such excuses, can court accept his wish and ask me to stay with my mother in law in that same house????
On such kind of situation what does court decide ????
Anonymous
05 December 2010 at 16:21
I have been desterted by my inlaws and husbnad,basically my mother in law has illtreated me,and have forcefully pushed me out of her son my husbands life & house,and she also doesn't allow her son to communicate with me. I have tried hard to patch up but my husband is not cooperating me as he is scared of his mother. Now i have filed a PWDV case,and i want to live with my husband but not at the matrimonial house with my mother in law.I don't want divorce, but my mother in law wants that me & my husband get seperated. But my question is -
1) In PWDV act, will have to stay in matrimonial house or i can ask for another shelter where i can live with my husband peacefully. ???? Can court grant the permission to stay at another accomodation,not with my mother in law and not in the matrimonial house ???? I want to live in a seperate accomodation with my husband. Can court grant this permission ???
Anonymous
04 December 2010 at 20:34
My wife has agreed to give mutual consent in divorce and file an affidavit stating that she filed false case in DV,498 A etc., I want to prepare the document on this lines... how to prepare it.? can u throw some light... is 1 document itself enough or should I prepare document for each case
Anonymous
04 December 2010 at 17:40
dear all of you,
whether women can plea to get share from her deceased husbands undivided share in HUF under protection of women from domestic violence act, 2005 under maintenance case?
Kindly clarify with recent citation
thanking you
selva
Anonymous
04 December 2010 at 17:00
R/Members
My friend's wife has filed a petition us 9 of HMA now my friend wants to file divorce petition as counter claim in same petition us 9 of HMA,is it permissible,kindly suggest.Thanks
Anonymous
04 December 2010 at 13:35
Dear Sir
The case is purely of Joint family properties and Partition . Partition process of Arbitration is pending and going on - before the elders , there are written representations , claims and counter claims for only partition between the Widow of deceased son and his minor sons , another son and sister and mother - pending such partition process , a Domestic violence case can be filed by Widow and apparently for partition and share by widow and her minor sons - Whether the FJCM can enter in to the jurisdiction of a Civil nature claims for, partition otherwise-Jurisdiction of JFCM /Criminal Courts and Civil court for Partition suits- with reference to Proviso Sec 36 of DV Act. The DV Act is in addition to other Acts /Statutes not in derogation of other Acts / other substantive law/Statute . I request the learned friends to consider this point and to express their valuable view /opinions to have clear picture to me on the subject !
Thanks in advance !
Rakesh
04 December 2010 at 11:38
I M doing LLM ,plz. give me a detail of "Reform of family law"
thanks.
Anonymous
04 December 2010 at 00:25
Its 6 months of my marriage, i have been deserted by my inlaws and husband on petty household fights,although iam ready to go back to my husband but my husband is not cooperating at all,he ignores my calls,emails and messages. I don't write abusive things,but request him to accept me back. RCR, reconciliation didn't work, so now i have filed a case for maintenance 125, but iam afraid my husband might inflict charges on me and can file false cases of cruelty,dowry harrasment on me & my family. The fact is i have never ever complained anything regarding dowry that my inlaws tortured me for dowry or something. I have filed a case that my inlaws had mentally tortured and illtreated me for household petty things.
But now iam scared that my husband might think of revenge and files a false case. Can he do such a thing ??? The fact is i have never mentioned anything about dowry ever. but still can he file false case on me ????
I don't want divorce, i have just asked for maintenance,as i have been deserted.
But still Can he file false case of dowry harrasment on me and my family??? can i be in trouble ???
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If wife does not want divorce, & husband wants then how much time it takes for decision???
Iam the deserted wife, iam not ready for divorce.I tried RCR but it has failed. Now i have filed 125 crpc for maintenance, and PWDV. But iam afraid that my husband can file for divorce. But iam absolutely not ready for divorce. because we had no serious issues, on small household petty fights, my mother in law accused me,inflicted alligations,she influenced my husband to leave me and she wants my husband to remarry. But i love my husband and iam not ready for divorce.
So my question is :-
1) If my husband files a divorce case on me, will i have to appoint a lawyer for me or i can get a govt lawyer, i cannot afford a lawyer,my father has retired. so i don't want to give him so big burden. so can i get a lawyer for free or very minimal govt charges ????
2) My inlaws have no proof about me,beacuse i have no such default,no disease,no Boyfriend,no such relationship.no cruelty,nothing. But i have a cut mark on my arm[ nerve cut]. This is the only weakpoint, and iam scared, coz my mother in law had threatened me that they will try to prove that i tried to commit suicide in past when i was not married, so iam mentally sick and i might again try to commit suicide in future and as i tried suicide that means i have bad character. And as a prove they will show the cut & stich mark on my arm. So my question is can this mark create big problem and divorce ?????
3) If iam not ready for divorce, then how long time can it take for a decision. i don't want divorce. And iam afraid how will i afford the lawyers expense for so many years ???
Please help