Anonymous
24 October 2010 at 17:39
Thanks. But sir, even if he approaches for mutual settlement after my Maintenance case, there is less guarantee that he will change himself and make a healthy atmosphere in my maternal home for me to live in peace and happiness.Is there any procedure where he will assure of a bond of peace and good behavior in front of court i.e a legal assurance from him?
Anonymous
24 October 2010 at 17:22
I am a married woman (age 30, 2 yr old baby) have come to parental home since last 10 months because of husband & mother-in-laws mental torture. In addition, I am sure of my husband's extra marital relation with a married lady. But I don't have any proof. My parental family members have invited him to come for a solution by discussion.But he is using slang languages over phone and denying to come here for any kind of discussion. He is also challenging us to do whatever legal steps we can take against him. He wants the baby.
2 years back when I was in parental home, he filed a petition for RCR only after 40 days of my stay.He did this for his own safety as he assumed that we may proceed with legal procedures.I went back after 2 months.I did not contest him and we both settled the petition last year with a view of future improvements. But nothing has changed since.Now,what legal action can I take now in view of our reunion with a promise of husband's future good behavior.
I dont want 498 as it'll almost finish any chance of reunion.But he needs to be taught a lesson for his continuous wrong-doings.Please suggest.
Y Singh N Rajput
24 October 2010 at 17:09
One my friend here wants some legal advice.
His son(Age-40yrs)got married in India in 1999. They have a daughter(Age--8yrs).He was posted in France by his company.He is in France for last 7 Yrs.He took his wife & child also there.Right from the day of marriage,their relations were not good as she wanted him to snap all ties with his parents.With all problems,they moved to France with the hope that thing will be O.K. one day. But it did not happen. Nothing changed at France.Under the same roof, they were living separately there also.
Lastly he filed a divorce suit against his wife at France.She filed a counter case of maintenance & retention of child possession with her claiming as she had no earning of her own in France.
Authorizing her Vakil to contest the case on behalf of her in France, she came back to India .The case is on.
Suppose my friend's son wins the divorce suit ex-parte against her,will that judgment be valid in INDIA?
Anonymous
24 October 2010 at 17:07
Learned Members,
In order to cross examine a wife about an alleged letter communication or an email,
is it mandatory that the letter or the e-mail need to be marked in evidence?.
Is it possible to put questions related to email or letter without marking the document as an evidence. Kindly clarify.
Thanks
Sanju
24 October 2010 at 10:20
My brother got divorced and his wife appealed against the judgement in the high court.The case has been admitted and the stay forbidding my brother to marry again has been granted.The case is pending in the high court.My brother has been living separately since last 11 years.Now he is involved with a girl and who is legally divorced.They have decided to marry without any evidence(only pheras without any proof).My question is:
1.Can his first wife take any action against him if he starts living with this lady.Is it illegal for this lady to stay with my brother when the appeal case is pending
2.Without the marriage being registered or without a proof of being married,can the lady ,in future if their relationship does not work,harm my brother and to what effect?
3.If out of this relationship,a child is born,how will it effect his pending case.I mean.can the first wife take any action if the child is born from the the relationship.
please advice..
Thanks
Anonymous
24 October 2010 at 09:27
Married on 19th SEpt,08, also did a marriage with her on 27th feb as per rituals in front of family and relatives.We have been going out for close to a year before marriage.We both had a good understanding and spent 9months along at my parents place, post marriage.One day suddenly my wife started quarreling if I gave money to my parents.We had a fight and she left home to stay with her parents for 1 month.She came back after mutal consent and started staying with me on demand that I will shift to my own home in one month.I agreed to the same but within few days she again fought and went back to stay with her parents.I went back to her after convincing her for a month long,then she agreed, but now she didnt wanted to stay at my own home as this was closer to my parents place, so I bought a rented home closer to her parents place,as she wantd the same.We stayed for 4 months, during which she has left home 4-5 times and again came back after 2-3 days.During this 4 months period, she has been fighting with me for giving her monthly stipuated amt.As I didnt agree she kept fighting with me all the time.One day she created a scene back at home called her parents and friends and fled away with all the stuffs given by me.I cleared the rented house and came back to stay with my parents.She sent a legal notice to me (stating a list of expenses made by her, and complaining about harrasments done to her by me and my family, and she giving money for me and my family,she claims us to be orthodox and behind her salary.Also she happens to be a co-applicant, but the house was taken by me and house registered in my name.)Thus putting all false allegations.also she claims to have done two police NC complaints, one was dated the time period when she was staying with me (which I came to know thru legal notice) and one post after she left me.Her advocate ends the legal notice by saying that I need to co-operate with my wife else legal actions will be taken by her.
I did send a reply in detail denying her false claims and Have also asked to her to come back as a part of conjugnal rights.But no reply has come from her til date.
On 22nd Oct, I got a petition put by her on 28th June which is before I even replied to her notice i.e 17th July.She has appealed for interim maintenance u/s 24 of Rs.5000 statin that I earn Rs. 75000(which is false).She claims it on the grounds of cruelty….u/s 13 (1) (ia)
I have completely lost my feelings in this relationship.feel its better to call it quits.If I put for a divorce what are the things I need to take care and do I need to give maintenance.What do u suggest as a smarter way to get out of this....
Also is it better to switch a job so that my old payslips don’t apply..
Am I eligible to give her interim maintenance…after paying my home loan I am left off with money equivalent to hers…. Also I need to support my parents and siblings.
Also what is approx fees of an advocate to fight for such cases.
Plz guide….
Anonymous
23 October 2010 at 19:30
Dear Experts,
In one of my case i am for respondent wife. her husband has filed divorce on adultery and cruelty i.e u/s 13(1)(i)(ia) of HMA,1955. in this case the husband has charged wife for adultery that to without co respondent. i would like to know that without co respondent can he charge for adultery. Do you have any supreme court judgement which states that co respondent is mandatory or matter will be dimissed
Anonymous
23 October 2010 at 17:50
Dear Counsels,
Is it possible to for a defendent in a civil case to rectify certain statements made in his counter affidavit filed by him.
Does Order 6 rule 17 of CPC apply for this case. Will the objection of after thought be considered although the defendent is not going to make any inconsistent statement. Kindly clarify.
Rakesh Patel
23 October 2010 at 17:44
Dear All,
I got married to a girl in mumbai. She was previously married to a Muslim guy and had divorced her on 31-10-2008. She was married to that muslim guy in 2003 and converted to muslim. I was involved in the divorce matter of this lady. After her divorce on 31-10-2008, she got married to me on 15-11-2008 i.e. in 15 days. morever she never converted back to Hindu before marrying me as per the Hindu Marriage act. We got our marriage registered in Mumbai. I dont wanna keep relation with this lady any more due to differences in our thoughts, religion and lifestyle. since we got married in 2008, till date we have lived together just for 2 months that too after 1 year of our marriage. what can i do to get a separation from this lady.
The first marriage was as per the Muslim Law for which the Girl converted to Muslim. The marriage with me was as per the hindu marriage act. She had not converted back to hindu before marrying me. Moreover as she converted to Muslim, she needs to observe the IDDAT period of 90 days before getting married to any other person as per the muslim Law. She did not do that.. what can i do to separate form this lady??
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divorce
1.My wife(BA arts+bsc now 3rd year hotel mgmt student) complained to police regarding mental n physical torture on 31-july-2009, FIR was not registered. Me, my wife & a maid used to stay, my parents stay in mumbai.
2.Complain was withdrawn on 01-aug-2009 after discussion with relatives.and was asked by police that both parties to do their respective work n stay in harmony.
3.my wife took back all her stridhan in front of the police officer but i forget to take any receipt for the same, as i was in great panic.
4.I work on ship after some time left for ship and decided not to stay with her again, as i lost all faith n trust on her.
5.after i came down from ship, told mthe maid to leave, also wife left for her parental home.
6.i lodged diary with local police station, superintendent of police of her desertion.
7.Sent her a legal notice, for her to come bk, notice was refused.
8.on 12apr2010 my lawyer filed for divorce.
9.2 summons issued till date, not recvd by wife, as she was in out of station for training.
10.27-09-2010, she filed 125 crpc,produced one of my salary slip 6 months ago,asking maintainence for 80k per month.
11.i work on contract basis, salary around 2lac per month.
12.i have 2 slip disc, with MRI report, also no permanant job,no salary recvd when at home.
13.hearing is on 22 nov 2010.
14.Can i change this divorce which i filed to RCR.