Anonymous
05 November 2010 at 00:10
3 months back i got married,my husband is into business[shop of hardware & woods].We got married through jeevansathi.com, and there my husband had mentioned that his annual income is between 2lakhs to 4 lakhs. After marriage lot of problems arised,as my husband is into drugs[bhang, charas & weed] he consumes alcohol regularly, & due to excessive dominance & interferance of my mother inlaw,our relation spoiled, I didn't wanted to break this marriage & therefore suggested my husband & motherinlaw that me & my husband should shift to a rented accomodation near by, so that my husband can take care of his parents aswell, but my husband & motherinlaw refused the idea, and thrown me out of their house. I was helpless and filed a complaint at social welfare & justice department,for a reconciliation & counselling because i didn't wanted this marriage to break,i wanted to help my husband to come out of all his evil habits,but all in vain. Counselling was done by protection officer, but later on my mother in law filed a case against me at woman's cell that i threaten them that i will commit suicide etc so they won't take my responsibilty in future if something happens, and basically they don't want me back, so now i have filed section 125 crpc case against them,as iam totally dependent on my father, and i have joined MBA college, so all the fees and everything is done by my father, i have the proofs that i tried to make this marriage work, but my husband didn't supported me,so in this situation,what are the chances. Can my husband defend himself? and on what grounds he can defend himself???? plz help me
Anonymous
04 November 2010 at 16:45
Dear Experts
if husband shows too many deductions in the form of personal loans etc. how the interim maintenance would be decided? Often it has been seen that many men manipulate to lower their incomes to a very ridiculous extent, like reducing the income of 60,000 per month to 14000 by showing too many deductions. In that case how interim maintenance for wife and chid/ren would be decided?
Regards
Sanju
04 November 2010 at 12:21
My brother filed divorce case in 2000 and got divorced in 2007.His wife filed an appeal against lower court judgement.The appeal case was admitted and the stay for his remarriage was awarded.The appeal case may take around 6-7 years and he cannot marry again.In the meantime,he is involved with a legally divorced female and both have agreed to stay together after performing unregistered marriage without any proof.His first wife is staying in her parents home since 2000 along with their son and he has been sending them the maintainence vide registered dd at her parents house.Now my question is can the first wife walk into my brothers house at any stage under DV or any other such law or can she create any legal trouble for my brother once he starts living with the other female.If a child is born,can my brother be in a legal mess?..can the second female,at any stage,create problems for my brother even in absence of any proof of the marriage?please advice.
Member (Account Deleted)
04 November 2010 at 11:25
dear experts
i am a student of MCA.NOT EARNING ANY THING.MY WIFE FILE A CASE OF 125(MAINTENANCE) AND 12 OF DV ACT. I HAVE A VIDEO THAT SHE IS WORKING.AND A BILL IN HER QWN WRITING(REPARING BILL OF WATCH).SHE IS DOING
JOB IN A WATCH COMPANY. IS IT SUFFICIENT TO PROOF THAT SHE IS WORKING.AND ALSO SHE HAS ACCEPTED THAT SHE HAS A 50 YARDS PLOT IN UTTAM NAGAR(DELHI).I HAVE A BABY FOR HER I PAID 1000 PER MONTH IN A COURT ORDERED BY THE COURT. BUT I AM NOT IN SUCH CONDITION TO PAY THE MAINTENANCE FOR HER.IT IS BIG TROUBLE FOR ME. AND I AM NOT WANT TO LIVE WITH HER.IF COURT GIVE ORDER FOR MAINTENANCE THEN HOW MUCH THE COURT ORDER FOR MAINTENANCE. PLZ. GIVE ME REPLY AS SOON AS POSSIBLE. I HAVE NO PIECE OF LAND ON MY NAME AND MY FATHER.
Anonymous
04 November 2010 at 08:43
Dear Experts,
My friend's husband has filed divorce on the grounds of cruelty. 2 decades old marriage. Wife mostly housewife but for past 4 years some irregular work which fetched her renumeration much much lower than her husband. No work was available last year. Wife completing 50 years. One girl child. Husband's gross salary is 18-20 lakhs per year with good prospect of increase in salary every year.
Wife stood by him in the times of his struggles but husband started distancing himself once he started travelling for his work, reduced the quantum of money he was sending his wife and child. As a result wife has to sell off a major chunk of jewelry to manage the monthly expenses as well as broken some small savings before the maturity period.
Please advise how much wife and child can expect as a final settlement money. And how much can be reasonably expected as interim maintenance. Wife has not yet filed the petition for interim maintenance.
Thanks in advance for sparing your valuable time for this query.
Regards
Member (Account Deleted)
03 November 2010 at 23:47
i want a expert layer in matrimonial field for getting divorce from my wife. i want expert lawyer of district court -. PLEASE CONTACT ME IMMEDIATELY AT MY EMAIL ADDRESS-
ksvrajuadv
03 November 2010 at 23:31
Hi Experts,
I am going to cross examination,this is my totally new experience.I watched number of times my senior to cross the witness but as an independent advocate it is new to me.I need ur valuable help in this field.under section 13 HMA,where petitioner is husband,he performed 2nd marrige,I am from respondent wife.husband put general allegations like cruel,harash behavior,tried to attemt suicide,not prepare food,short tempered,insult him(husband) in front of others.They have two sons elder living wid father who is 1994 born,younger living wid mother who is 1998 born.we have documents like panchytnama where written dispute arise in husband & wife due to second marriage of husband & other school certificate of elder son where mother name is different from her mother .they are living separately since october 2005.Husband earlier filed divorce petition in march 2006,& withdraw it on 30/10/2008 before cross evidence of him.persent petition is different allegation from previous one.Now they tender three affidavits one husband,2nd his father,3rd mediator,in all these affidavits they repeat same allegations.
plz guide me what could i ask witness during cross examination?
thanks
varinder
Anonymous
03 November 2010 at 20:48
sir, what are the rules with regard to Will under the muslim personal law or shariyat?
Whether, women could make Will for her adopted childrens?
Anonymous
03 November 2010 at 15:14
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)
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guide me, section 125 crpc maintenance
I want to ask something more, as i said my husband is into drugs, he takes charas, ganja,bhang, weed. i didn't knew this before marriage, and moreover if i want to prove that he really takes all these things, will the court order for a medical test or something??? And i have heard that charas, ganja & bhang,weed can't get detected in blood, it just showx excessive of smoking,but the truth is my husband consumes charas, ganja n bhang from last 10 years, so how can i prove that, and how court helps with medical procedure ???
and suppose my husband doesn't come on date of hearing & make excuse to court,how long can court give them time. And if they say that i have joined MBA,and my father is financially gud,my father got retired this year but has joined another office,so it is sad that at this age instead of getting comfort he is troubled. so i want to know that what are the chances of my maintenance????