Anonymous
02 November 2010 at 22:10
I went to an High court lawyer with a 125 Crpc case.I asked him initially what could be the expenses i have to bear.He doesnot say anything.He asked for 5k, which i gave.This man lies a lot.After that he is saying that i have to give money to the police for your protection and to find out whether any 498A filed against you.I do not have any 498A case against me, nor i do need any anticipatory bail.He again asked 10k, which i gave also.Till date he has not done any work for me.I have my hearing on 22nd november.I asked him to give the break up for the money he is charging me.But he hesitates.
How do i deal with such a person.I only filed a divorce petition on cruelty grounds.
Anonymous
02 November 2010 at 18:11
Suppose if a father doesn't want to give anything to his son from his property and wants to distribute it among the others do the son have an right to appeal against it in the court
Gaurav
02 November 2010 at 17:08
Hello experts,
I am applying divorce before completing one year on cruelty basis.
I need HC or SC citations for this.
Under Section 14(1) waiving of mandatory one year to apply for divorce. Please help me and provide me with these judgments.
Anonymous
02 November 2010 at 15:25
the husband was a mechanical engineer in HONDA COMPANY.. and the girl
is M.SC maths but she used to live at home. the girl child was born in
sept 2006 out of this wedlock.. the nature of wife was not good as she
always had some problem with others.. she even used to fight with her
husband on small issues. eg i'll not prepare food or always order from
outside, never gave breakfast to her husband after having three
maids.. but the husband always had a compromising nature and never
said anything to her.. he just wanted to live happily with her at any
cost.. but she always used to fight on petty issues.. she even don't
like his parents and other members of the family.. she just wanted to
live alone.. she was not happy to see anyone from her husband's
family. the husband's family never interfered in their matter and were
not aware of the issues between their son and daughter-in-law ..
the disputes heightened b/w husband and wife and finally the husband
left his job in 2008 and started living at home and the wife left her
matrimonial home and went to their parental home.. the boy's parents
came to know about their fight but they managed to bring them home in
bhiwani and asked them to live peacefully.. but again after few days
she started fighting with her husband and now also with in-laws
without any reasons but the boy's parents never said anything as all
members of the the family are highly educated and reputed too.. but
she was not ready to live with them and again left her in-laws home in
april 2010 and filed a case under domestic violence Act,2005.. the
in-laws even don't know that on what basis she filed the above said
case. they went to girl's home and asked to live happy with her
husband wherever she likes but she refused..
the husband tried alot to solve his marital dispute but still she is
not agreeing to live with him..
she is asking for property out of her in-laws property and want to
live alone in that house without her husband but now after filing a
false case against all of them, the in-laws are not ready to take her
back home .. but the lady want to live there only on the first floor
of that house without her husband.. the wife, at present is lecturer
of mathematics in college and she get this job because of her
father-in-law as he is the head of that college, he also helped her in
studies of M.PHIL but she can never understand the value of family and
family relations.. her parents never said anything to her even on her
mistake and used to abuse boy's family.. now the husband also don't
want to live with that lady and want to take divorce from her.. as he
don't want to let suffer his parents anymore because of that lady..
please tell me what are the remedies available to us..what we have to do?
how can i help my aunty, uncle..??
thank you.
Anonymous
02 November 2010 at 14:09
Hi,
Need your assistance, we have a family run business (started by grand-father to my father then it is handed over to me) and I have a sister and she is married in 1997. Now, she wants a share in the family business. Can she claim for the business share (including earnings, firm shops and licence).
Suresh
Raju
02 November 2010 at 10:49
Can anyone tell me what happen if i marry a 15 year old girl.She is ready to marry me & my age is 25 year .Her mother is treating me like that I'm terrorist or something else.she(mother) is frustrating me all the time when she saw me.So I am to depressed or may be I'll do something wrong with me.So Please tell me if we both marry after that any thing wrong happend to me or that girl.Please inform me.
I'll be very thankful to all of u who is giving response to my query.
Anonymous
01 November 2010 at 23:05
My wife left to her parental home taking most of her jewellery &belongings. Even after repeated calls, she is adamant for divorce and cites incompatability as the reason. We had enough fights , but I would like to make things right and live with her. I am not able to talk to her at all. I have filed for a RCR. Will I get to talk to her during mediation ?
Factually there is no other issue between both of us, but her parents are saying that I am very cruel,drunkard etc to friends and relatives. Can this become a ground for divroce.. How much rights will I have to defend myself if this comes to court ?Can somebody help me ??
Anonymous
01 November 2010 at 16:54
wife has filed a false case under the Domestic Violence Act 2005, against the husband and in-laws.
the marriage was solemnized on 9.2.2004 and after marriage, the couple starts living in noida as a nuclear family..
the husband was a mechanical engineer in HONDA COMPANY.. and the girl is M.SC maths but she used to live at home. the girl child was born in sept 2006 out of this wedlock.. the nature of wife was not good as she always had some problem with others.. she even used to fight with her husband on small issues. eg i'll not prepare food or always order from outside, never gave breakfast to her husband after having three maids.. but the husband always had a compromising nature and never said anything to her.. he just want live happy with her at any cost.. but she always used to fight on petty issues.. she even don't like his parents and other members of the family.. she just want to live alone.. she was not happy to see anyone from her husband's family. the husband's family never interfere in their matter ..
the disputes start raising b/w husband and wife and finally the husband left his job in 2008 and start living at home and the wife left her matrimonial home and went to their parental home.. the boy's parents came to know about their fight but they managed and bring them home in bhiwani and asked them to live peacefully.. but again after few days she start fighting with her husband and now also with in-laws without any reasons but the boy's parents never said anything as all members of the the family are highly educated and reputed too.. but she was not ready to live with them and again left her in-laws home in april 2010 and filed a case under domestic violence Act,2005.. the in-laws even don't know that on what basis she filed the above said case. they went to girl's home and asked to live happy with her husband wherever she likes but she refused.. the husband tried alot to solve his marital dispute but still she is not agree to live with him..
she is asking for property out of her in-laws property and want to live alone in that house without her husband but now after filing a false case against all of them, the in-laws are not ready to take her home back.. but the lady want to live there only on the first floor of that house without her husband.. the wife, at present is lecturer of mathematics in college and she get this job because of her father-in-law as he is the head of that college, he also helped her in studies of M.PHIL but she can never understand the value of family and family relations.. her parents never say anything to her even on her mistake and used to abuse boy's family.. now the husband also don't want to live with that lady and want to take divorce from her.. as he don't want to let suffer his parents anymore because of that lady..
please tell me what are the remedies available to us..what we have to do?
how can i help my aunty, uncle..??
thank.
Anonymous
01 November 2010 at 13:03
hindu,only two months of cohabition,desertion by the wife one and half year ago.filed for rcrsix months ago.may be it would be exparte decree.i am a govt employee.recently i live together with a widow in unknown place.my motherb is sick.she is at my grandmas village.i need a woman for house hold work.thats why i keep her.
1)is it comes under penal code?what is the code?
2)if it is matrimonial offence.what are my loses?for ex:maintanance or fine right of divorce to her etc?
3)difference between adultery and voluntary sexual intercourse?
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Help Required
Dear Professional,
I request you to suggest a way forward for me. Scenario is as given below.
Date of Marriage:- 25 Nov 2005 ( Love cum Arranged)
Though it was a love cum arranged marriage, we had numerous issues between us since 15day of marriage (All due to Ego Problems from both of us). However we were able to manage the same till Sep 2008. We have filled a Mutual Concern Divorce petition in the dist court in Sep 2008. I was not willing for that however due to force from my in-laws that they will file a DV/498 if I do not sign the petition I had to forcefully sign for the same. Well after 6 month we were called for trials and my wife was not attending the sessions, After about 3 hearings my wife appeared in front of the Judge and stated that she is yet to decide on taking divorce. Post which Judge has counseled both of us and stated that a divorce cannot be given for ego problems of the spouses. He has also mentioned that we should not be spoiling the life of out Kid (who was born in June 2008) and asked us to lead a happy matrimonial life for which both of us have agreed after many argument and the next hearing was scheduled after 3 months to get a feedback from both of us . After leaving from court I have not heard anything from my wife and when I tried reaching her I was not allowed to speak to her by her parents. After 3 months I went to the court and submitted that my wife has not joined me and the advocate from their end has stated that they want to withdraw the petition for which Hon Judge has agreed and dismissed the petition.
After a Month of time I have filed a RCR in Oct 2009, Initially my wife came to the court for 2 hearing and has taken time to submit Counter for my petition. In the month of Aug/Sep 2010 she has filed a counter against my petition. Few points in the counter are correct and most of the other points are base less. She has also mentioned that I have been harassing her for dowry and jewelry which is not a fact. She has also mentioned in the petition requesting the Hon Court to take a affidavit from me that I will not harass her in future so that the court can order me to lead a happy life with her. I have taken this positive and submitted a rejoinder to the Hon.Court stating that I have never harassed her for Dowry and will never do that in future. Post submission of rejoinder, Hon Judge has given a date for Reconciliation and the same was informed to her council as she has not appeared for the hearing. On the date given by the Hon Judge, neither she nor her advocate has not appeared to the court and the date was again given post one month. For the second date as well she didn’t come to the court hence another date was given by Hon. Judge after a month, she has not come for the third hearing as well and the Hon Judge has now given a date post 2 month for submission of Evidence. When I spoke to my wife to re-think , she clearly stated that she doesn’t want to thing anything about it and she has left everything to god.
I request your suggestion on the below points.
1) Divorce is not a criteria for me to post this. Please suggest is there a way to get my wife and child back to me.
2) I am not afraid of DV/498 even if she wants to go for it now.Will Fight back in court of LAW
3) What if she is planning to go abroad to peruse higher education, she will not be available for any hearing hereafter if she goes away.
4) I am planning to file a Visiting Rights petition to see my Son ( of course my wife as well)