Anonymous
09 October 2010 at 16:34
Dear Experts,
My wife is living separately from last 3 years, I have sent her RCR but she just came for 15 days with me in last month and gone back. I have tried my best to bring her back, she is working in north, not willing to leave her job, I am working in Bangalore. I am middle level executive in good company get around. 1 lakh per month as take home salary after deduction of tax & PF. My wife gets 8000PM. I am sending her Rs5000PM. I have told her I will give Rs10000PM as her pocket money even if she do not work and stays with me. She can get job in Bangalore also, I have requested her to resign that job and find new one in Bangalore, but she is not listening to me , her parents, I have tried all levels.
She is not willing to divorce. Only option is to contest, I have even tried for mutual but she is not ready. Her purpose is to stay away and married tag both together. I got married in 2004 have no kids.
I have a house in joint name worth 65 lakhs, but she has not given single penny, I have paid 40 lakhs rest as EMIs. I have 25 lakhs loan for this joint name property, If our marriage breaks is half of value of property will go to her?
I have cash liquid as FD, share Rs 18 lakhs. I am paying huge interest in loan of Rs25 lakhs, but I get same percentage from share market, so I am keeping my earning where my wife can not touch in case of break up
I have some queries
a. Pay loan of Rs 18 loan of current house which is in both of our names, If my marriage turns in divorce, will I loose half of money?
b. Buy another house by this cash on my and my mothers name- Will my wife will get half from this asset also In case my marriage turns in divorce?
c. Do not think to buy any asset till wife comes back or gives me divorce, keep money in my & my mother’s joint account.
d. How can I minimise the lability of maintenance if my marriage turns in divorce. My wife is working, she is a single child of her parents. Her father gets pension of Rs12000per month. My father in laws assets worth 50Lakhs, all they will give to her once they become very old . I have earned all my money by salary and TDS paid. I have worked very hard to reach professionally where I am , but my life is screwed up because of problem in marriage. I am very upset and depressed; marriage will be such hell I never imagined. Pl. suggest me on above queries. I am daily calling my wife and requesting her to come along with me, but she is not listening
Member (Account Deleted)
09 October 2010 at 14:40
My wife has filed case for Restitution of conjugal rights u/s 9 OF H.M.ACT
1) I have made submissions in court that I have not deserted her and I am willing to maintain her live with her.
2)My wife also given the statment in court that I know that my husband was always ready and willing to keep me and is still ready to keep me and maintain me.
3)she also given the statment that she is still ready to live with the husband on condition that my husband brings two relative to my parental house to take me.
My Query . Since she is imposing a condition ,Can court pass decree in her favour.
Anonymous
09 October 2010 at 13:22
Mr. X is applying for a Personal Loan of Rs. 150000, and his younger brother (Mr.Y) is giving the gurantee for such loan to the bank. So how far Mr. Y is liable for the debt if Mr. X is not paying the Installment in time intentionally. What should.
Is Mr. X should made an agreement to recover the said amt. from Mr. Y.
If Yes. Please provide me the format of the Agreement.
Anonymous
09 October 2010 at 13:09
Dear Experts,
It is alleged by wife that the husband was unwilling to marry the wife and was forced to marry her. In the same petition it is also alleged that the husband demanded huge dowry.
Arent these allegation inconsistent. How can a person unwilling for marriage demand dowry to consider the marriage. Can the pleading of unwillingness be struck off due to the inconsistency.
please clarify.
Anonymous
09 October 2010 at 09:55
Sir,
I filed a partition suit in the lower court and my sister got the entire property under the illegal will and got in her favour. I challenged in the High Court and my appeal was allowed by declaring the will in question is false. Now I am holding the decree for 2/3rd share in the property.
My sister is illegally possessing now also the entire property. As a decree holder and on the basis of High Court preliminary decree and I have been directed to approach trial court for Final Decree. I filed for final proceedings in the trial court, can I be able to claim my 2/3rd share in the property and also mesne profits from the date of filing of the partition suit till the final decree passed by the lower court.
Is there any chances of stalling/resisting the proceedings for final decree by my sister who has been allotted 1/3rd share in the property and to pay mesne profits to me. Can my sister stall the proceedings of the Final decree ? What are the options can I exercise under the constitution for restoration of my mother's property. Can my sister resist the execution of decree.
Kindly suggest how can I proceed in the court and under what sections.
Thanking you,
Yours faithfully,
M.S.N.
Anonymous
09 October 2010 at 04:02
Dear Experts,
Under hindu marriage act a very wide definition is provided for mental disorder.
There are pleading to the effect that the husband doesnt know the route for going back to home, didnt remember what food he ate and was sitting aloof in order to prove that he is not fit for marriage.
There is also further allegation that he had pre-marital love affair which he deliberately suppressed before marriage.
Aren't these two allegations and pleading inconsistent and mutually destructive. Inconsistent allegations of fact are prohibited under order 6 rule 7 of CPC.
Departure: No pleading shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same.
Based on the above prohibition can the allegation of mental disorder be struck out.
Please clarify.
Anonymous
09 October 2010 at 01:06
my wife has filed case for Restitution of conjugal rights u/s 9 OF H.M.ACT, The next date is fixed for argument in NOV 2010. If the case goes in favour of my petitioner-wife (1) Can the court order for attachment of my (husband) property on same date i.e on the date of rcr order.
In fact I have made submissions in court that I have not deserted her and I am willing to maintain her live with her, presently i sm paying her interim maintenance every month. (2) Pl. guide me at which stage in RCR husband's property be attached to induce husband to obey court's order to live with his wife.
Anonymous
08 October 2010 at 08:17
Dear Experts,
A husband and wife married in the year2007. In the year 2009, the wife under the influence of her parents, left her matrimonial home alongwith her two years old baby without any reason. Husband filed a matrimonial petition before the Hon’ble J. M. F. C. (S.D.) court, Maharashtra for restitution of conjugal rights. Knowing that wife filed an application u/s. 125 of cr. P.c. before the Hon’ble J. M. F. C. court, Gujarat for maintenance for herself and younger daughter. The said application filed after about 13 days from the petition filed by husband. In the petition filed by husband, the summons issued by court was send through R. P. Ad. was refused by wife hence presumed served. And even after service of summons wife failed to remain present before the court, hence the court kept the matter as Ex-parte. Petition filed by husband then ordered ex-parte by the Hon’ble J. M. F. C. (S.D.) court, and wife directed to co-relate with husband with in fifteen days. The application filed by wife u/s. 125 of C. R. Pc. is pending.
My query is that…
can I make an application on behalf of husband before Hon’ble J. M. F. C. court, Gujarat to dismiss the criminal application filed by wife as the husband got the order in his favour in his petition filed 13 days earlier then the application of wife, before the Hon’ble J. M. F. C. (S.D.) court, Maharashtra?
pl. reply me urgent.
Thanks in advance.
Manoj Choudhary
08 October 2010 at 08:01
Can Interim maintinance order be passed without any proof or witness by the judge of family court. I can prove cruelty of wife and her family members in court and also can prove that she is self employed. If interim order passed in favour of wife, is it Appealable, if yes do the husband have to pay some amount to wife before appeal. Do wife have to hire lawyer for that appeal as well
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