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?
Bull Against 498A
01 November 2010 at 12:30
Hi Experts,
My wife registered 3-DPA, 4-DPA in addition to 498A & 34-IPC. My wife is a house wife.My FIL is working in UCO Bank as Ast. Manager & MIL is a house wife. Their family consists of elder daughter (married) , younger my 498 wife and one son studying Engineering in a private college.
In FIR my wife stated his father has given 10 Lakhs cash as dowry, 250 grams gold in addition to other fabricated allegations.
(Actually they had given 2 lakhs as dowry & 120 grams of gold which she already took away in addition to the gold of my mum & sister.)
As per the law giving/taking dowry is a crime. Kindly suggest me the steps to fight against 3-DPA & 4-DPA acts...?
Manoj Warrier
01 November 2010 at 11:56
Dear Sir,
Thanks for all the answers given by experts. My next query is .. I amworking in Salem ( TN ) for the last 2 years and I have filed a divorce in Salem FC. My wife is from Kannur ( Kerala ) . I filed the case in May 2010. She left my house in Feb-2010 and then in the mnth of May i filed the divorce. They eventually filed a 498-A, MC in my name in Kannur in the month of June 2010. The FIR was completely fabricated. Now what has happened is they have approached the Supreme court in Madras for a stay and transfer of case to Kerala.. The Salem FC is waiting for the order mean while the case has been posted on Dec-23. Now could you please suggest me if I could ask in for a stay order since working in Salem and the kind of resposibility I am having is huge. The next thing is they have attended the hearing only once in salem court.. but i have been going to kannur for all my cases.. expecting an answer from the experts.. They are actually playing with my life and asking huge kind of money from me to sign the divorce ( 18 Lacs ).. pls suggest...
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Family dispute
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