Family Law queries [Resolved] [1530]

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Anonymous 03 December 2010 at 09:47

AB when case is in CAW cell

Hi,

My wife has filed complained against me and my family members at CAW cell and i have to appear for 2nd date with in a few days. Now i want to know that how should i proceed for Anticipatory Bail for all of us? On what grounds, it will be accepted/rejected? Should i request IO at CAW cell to postpone the date?

Pls help.

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Anonymous 03 December 2010 at 00:37

If husband wants divorce but wife is not ready at all for divorce,then what ???

My brother in law married year a go.it was arrange marriage and it never went well from the beginning mainly due to vast culture and social difference between him and his wife. she is from small town with very typical thinking and behaviour of in laws and she has no interest in trying to get along with husband, taking any interest in learning modern way of leaving or have any conversation with anybody around her. it seems, there is no hope to change her attitudes and way of thinking. basically they do not fit each other at all. it is very difficult to convince any outsider that this could be the reason to get separated. but beyond that, i learnt that unless his wife agrees, he can not get divorced. also, she can put him and his widowed mom behind the bars by simpling accusing for harassment with out any truth. i can not believe that one can live his entire life with wife like her where there is no hope for love and affection and only thing you have is sens less fight, arguments,mistrust and disrespect. if my brother in law leaves india for couple of years or more leaving her behind in india, can he file for divorce based on leaving separate for 2-3 years and can he get divorce even if his wife does not want to????? please bring some advice or information or suggestion before his life becomes unbearable and he does something serious with himself. But his wife is not ready at all for divorce, she has said that she will never ever give her consent, she is adament and sure that she will never give divorce to her husband, her character is good, so nobody can blame or say anything wrong about her character,she is mentally fine,she is a normal lady with no default. So in this case how can my brother in law get divorce??? will court consider him or his wife ???
And is such case how much time will take for a decision ???
And in such case my brother in law will have have to spend alot , but what about his wife ??? she will also have to appoint a lawyer and pay the expense during the case, or she can avoid expense of lawyer ???
Even she is not ready to accept allimony,she is not ready for divorce.

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Anonymous 02 December 2010 at 22:25

family law - child care during divorce proceedings

If a husband and wife were seperated when the wife was pregnant and the husband has filed for divorce , and does not communicate or take care of the wife and his child during her pregnancy and after that also.

The wife does not wish to give divorce.

In the above circumstances, after the birth of the child,

1. Can the husband, ask for the child through a petition to the court?

2. When can the husband ask - that is what age of the child can the husband ask for the child ?

Under which section of the family courts act or hindu marriage act are the provisions under these covered

Thanks

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Anonymous 02 December 2010 at 21:40

Moving to other accomodation with husband

I have been deserted by my inlaws & husband, its 2 months now iam living with my parents, iam not earning,not working. I want to live with my husband but at a seperate house, not at my matrimonail house with my mother in law as she has tortured me alot,under mother's influence my husband has also ill treated & tortured me alot.I have tried my best to patch up with my husband, all counselling has failed.My husband is not telling me his intension,but wants a mutual divorce. Iam not ready for mutual divorce, iam ready to live with my husband but only if he shifts to other accomodation. Now i have filed a 125 maintenance case on my husband as he is not supporting me at all. My lawyer said that court will give me & my husband an opportunity to talk and try to settle things,and if it doesn't work only then court will decide about maintenance. Iam not earning a single rupee,not working,iam studying have joined a course,and its fees for two years is 1,58,000.My father is paying my fees. Iam living with my parents, and my father is working again after his retirement,he is 61 yrs and earn around 60,000.My husband is not supporting me at all, and he is ignring my calls and messages,he never tried to patchup with me.
Now my question is :- 1) Can my husband say this that i won't shift with my wife to another accomodation and nor i will give her maintenance, because iam ready to accept my wife only if she stays with me in the same house[ matrimonial house with mother]But if she is not willing to stay with my mother at her matrimonial house,i won't give her any maintenance ??? Can he say this ???

2) Can my husband say this that i can't afford other rented accomodation. {Altough the truth is he can afford}, And therefore even if iam ready to accept my wife she won't come with me, so i won't give her maintenance. can he say this ???? And if i say that after completing my course i can help my husband financially,by joining some job. Still can my husband deny, that he doesn't want to shift with me ???

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manav 02 December 2010 at 13:32

dv

ofcourse she can file the complaint but its the duty of police before arresting the person against the copmplaint to make proper enquiry that he has actually done so. alteast he should be given proper oppourtinty to be heard before arrest.

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Anonymous 02 December 2010 at 10:01

125 maintinance

Kindly provide me basic reasons in which we can argument in the court to deny for maintinance like
1 I know that of wife is able to maintain herself
2 If she desserted her husband without any reason,

Please help me more ground which I can take in the case.

Thanks

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Anonymous 02 December 2010 at 02:25

Hiding Status

Iam getting divorced, now i want to pursue my studies further. But in the admission form i don't want to write that iam divorcee, because if i will write that in my degree it will be written as MRS xyz, instead of MISS, which will create problems in future, i don't want all that. I know hiding facts is not good,but here its about a degree and education ,iam not lying to remarry,or not fooling anybody. i just don't want to write that iam married because in some time i will get divorced.

1- so i want to ask that this can create any legal problem or not in my case???
2-can my college create any legal problem ????

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Anonymous 01 December 2010 at 22:21