Anonymous
13 September 2010 at 12:43
I hv asked a quarry earlier, I am not satisfied with the answers:
1) I asked about alimony. If wife is earning handsome salary, then is it fair to ask for alimony? whether court will give such alimony?
2) I asked for mandatory six months gap for first motion and second motion of divorce. I like to know whether it can be dispensed with or not?
Jaswant
13 September 2010 at 06:08
Dear Sirs, In the decree of divorce by mutual consent father was entitled to certain access to children. father had also provided seperate residence to ex-wife and his children. But, ex-wife is in a live-in relationship with an already married man. She has shifted out of flat provided by father into the flat of her lover along with the children and to keep this secret has stopped all access to father despite a court decree.
Father filed for access/custody in High Court and matter was admitted. Ex-wife on affidavit has admitted to living in other man's flat but with lies that he is her father's friend.
The help I ask now from you all is as follows:
1. I need a good and aggressive advocate to help me with my matter before the Bombay High Court (i dismissed my previous advocate, reasons not to be discussed here). and
2. How do I now get my flat back? As ex-wife has not been staying there, but is holding on to the keys. Electricity has been disconnected since 18 months and now muncipalty has sent possession notice for property taxes not paid. (I paid property taxes as flat is in my name only, but this is a loss making situation, no! and I have been suffering financial loss by running around courts to just see my children).
Please advice or guide me to an advocate of integrity who understands the male point of view in a child custody/access battle.
I thank you all in advance.
Prakash Narrain
13 September 2010 at 03:43
I am dealing with a very complicated case concerning intestate inheritance of foreign heirs.
A Christian gentleman who was an Indian citizen residing in Delhi expired in 1998 without a will, leaving behind some fixed deposits in three government banks and a property in Gurgaon (Haryana).
He was survived by his wife, a British lady, as well as two sons, who were minors at the time of his death. The sons were born in India and were Indian citizens by birth but are now British citizens after relocating to UK with their mother following the death of their father.
Following the father's death, the mother did not pursue his inheritance but now the older son, who has obtained a NRI status (British citizen with Person of Indian Origin Card), has returned to India on business and wishes to obtain the inheritance on behalf of all the heirs. His younger brother and mother have consented for him to act on their behalf as they are not present in India and there is no dispute among the heirs, each of whom have 1/3 share according to the Succession Act as applicable to Christians. However, only the older son (who has returned to India) has NRI status; the younger son and mother are fully British Citizens with no rights before Indian law.
I have two questions:
1) Regarding Fixed Deposits: The son who is in India has in his possession the father's death certificate and all pass books and deposit slips. The banks are asking either for a succession certificate or for indemnity bonds with sureties to be furnished. However, they have indicated that the citizenship of the claimants and the presence of some of the parties overseas will complicate the matter, since the documents must be notarized in the presence of an Indian official. The younger son and mother are British citizens and cannot sign in UK because this is outside Indian jurisdiction. How to proceed?
2) Regarding the Property: The sale deed has been lost and some tenants have been living in the property since 1998. The property developer company has requested an indemnity bond before property details such as vasika number can be supplied to the claimant who would then need to check records at the sub registrar office and obtain a certified true copy of the deed. Again, the problem of the claimants citizenship and overseas presence presents a problem. NRIs are legally entitled to inherit property but the law does not appear to specify what should be done when some heirs are not Indian citizens or NRIs (as is the case with the mother and younger son).
In both these cases what advice would you give. The younger son and mother in UK are happy for the older son who is in India to deal with the matter on their behalf, so there is no dispute among the heir themselves, but the banks and maybe also the courts are unclear in their policy.
Many thanks in advance,
Prakash
attenuator
12 September 2010 at 23:45
Hello experts,
Me and my wife filed a petition for divorce by mutual consent in April this year and expect the divorce decree in the last week of october. My only query to you all is :
1. Can I get married again immediately after getting the divorce decree or is there a time period for that ?
2. Can I face any legal complications (from my wife) if I get married within 1 month of getting the decree?
Please advise me on this. I would like to thank you for your valuable suggestions !
Anonymous
12 September 2010 at 17:59
Ld counsels,
Both husband and wife attended private marriage counseling out of their own wish and no reconciliation occured.
In the suit for divorce can the wife plead that she did not condone the matrimonial wrongs which are alleged to have been committed by husband prior to the attending of marriage counseling. Does that fall under estoppel by conduct.
Kindly clarify.
Anonymous
12 September 2010 at 16:13
i am married for 25 yrs ( married at 15 age ) with husband 10 years older to me. married life was never good and husband never interested in me. husband encouraging me to go with others . i was mentally disturbed with this kind of attitude of husband. never got physical with any one else as i was religious. son is in abroad. now i have come to know my husaband is gay ( audio proof) and caught red handed.husband highly placed in govt service. i am totally disturbed and not able to cope with life and left home. please advise options for my life as i am a simple house wife. my husband still ants to be with me but i am not able to cope as i am going thro hell. Can the marriage be declared void as i was underaged at the time of marriage or i should seek divorce on mutual consent. husband not inetersted in going to court as he is highly placed in society. please help
Anonymous
12 September 2010 at 16:05
Ld Counsels,
What is estoppel by conduct. How is it relevant in civil and criminal cases. Kindly explain with possible examples.
slash
12 September 2010 at 11:33
i had a three year duration of marriage. Now my wife wants her independence but does't want to divorce me. she wants my money, property (joint) and had filed a false complaint in women cell. luckily i had moved to a hew house and filed for divorce based on cruelty and harassment She has also changed her address which i do not know.
My concern is an outstation joint property(20 L) under construction .I have payed 10 L and she 1L. rest installment we haven't given.My lawyer advices me to apply for Suit for specific performance ( she isn't working). the court fee will be 10% (2L). should I go for the case and how will it affect my divorce petition (as wife has 50 % stake in husbands property)?
Anonymous
11 September 2010 at 18:02
Respected counsels,
In a matrimonial suit husbands files restitution of conjugal rights and after 6 months wife files annulment of marriage on the gound that husband was forced to marry her.
Can the allegation of wife be considered by the court especially when the husband filed restitution before wife's annulment case.
According to Hindu Marriage act only the petitioner before the court can say that her consent was obtained by force. Is the pleading that respondent was forced into marriage sustainable?
If the case of the wife need to be accepted, will it not cause pre-judice to Husband since he had already filed a restitution before the same court?
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Dismissal of Divorce
Sir,
My husband filed a divorce petition against me during aud 2006. The decree has been passed on 4.9.10 dismissing the petition order. I didnt recieve the order.i have given application to the court. Shall i go to my matrimonial home along with my daughter. If my husband refuses what shall i do?