Anonymous
28 July 2010 at 22:01
Wife is living as unmarried in the shelter of parents since last many years after being dumped by husband from her marital home where she lived for few months after wedding as per Hindu rites. Proper negotiations were made prior to engagement and after that groom was freely allowed to chat with bride on many occasions . She was science graduate, innocent and relatively younger and grown in metro city culture in a well educated well-to-do nuclear family and away from village culture. He was non-graduate, relatively older was pervert, lusty, uncivilized, and typical male chauvinistic pig and arrogant 'Damad', grown in village and tribal culture ,coming from underprivileged class.
During those few months she was abused sexually at nights by her husband with aforesaid traits, without taking her prenatal care. Her rural in-laws not only removed home-maid after getting 'Bahu' but also abused her physically by burdening her 18-hrs with home chorus ignoring her health during pregnancy with taunts. Her health started fast deteriorating after entering marital home full of hostility. The husband from day one, left no chance to exhibit his typical village behavior of undermining wife and in-laws by routinely subjecting them to insult, humiliation and embarrassment. He started abusing wife and in-laws mentally when her parents from metro-city were not accustomed to pampering their 'Damad'. Within no time he changed his color faster than chameleon by tactfully pressing wife and in-laws to yield to his demand for additional home appliances, furniture, and helping him financially.
After a few months of pregnancy, she was diagnosed requiring emergency abortion. This gave husband a golden chance to settle score with in-laws. For this he collected false and unlawful evidences which put a stamp on wife's health that she was unfit to serve basic marital purpose. Taking this as insult to their daughter, his in-laws advised him privately to get himself diagnosed to show his fitness for the same purpose. This advice straight added fuel to his mind, already smoking with rage for not meeting his said demand and his countrified personality took it as insult ,challenging his manhood. He became violent and furious and one fine day after conspiring plot, dumped wife after snatching her ornaments including 'Mangalsutra'. She left behind all her valuable households and 'Stridhan' and started living with parents. Her parents tried to contact him in all manners but in vain.
Husband immediately resorted to legal terrors, as modern wifes do by using 498A, including writ petition. He charged in-laws of not sending wife for conjugal relation and looting marital home by taking away all wife's property.
Wife did her medical forced abortion on parent's expenses and remained cool for her health recovery, without retaliating to husband's legal terror. Her parents could not use normal channels to meet him which he blocked by police action against them. Even wife could not communicate with him to tell him about her abortion, as he would not respond after identifying her on caller-id.
Many years have passed, and there is no any kind of response from husband-side. Wife now has developed hate against him, and does not like to remember the hell-like marital home. Of course, she waited for initial a few years after her ouster with a hope that husband would come forward to reconciliation or allow her to do the same for restarting marital life.
Now, wife wants 1) to dissolve the marriage, 2) wants to get free forever from any litigation she may face in future from husband-side, 3) wants to fight case for justice by putting aside all the useless, false and fabricated charges including criminal against her and parents, based on illegal and false grounds and at the same time wants to charge husband and his relatives for many crimes they committed against her and parents.
For the aforesaid purposes she wants to use all evidences possible in legal manner and false and fabricated documents received from husband in the form of legal notices including from police and copy of writ-petition from his advocate served in unlawful and unofficial manner. She has not received till-date any notice or summon from any court or faced any police action during all the past years till-date.
Please Advise
Thanks.
shashi
28 July 2010 at 09:16
If grandparents are no more and the property(still in the name of grand parents)has been equally distributed among my father and uncle.annual receipt is in the name of my father then-
still ,will it be considered ancestrl one?
Anonymous
27 July 2010 at 22:26
If the joint Hindu family property and ancestral property has same meaning ? If there is any difference please ex plane it.
Anonymous
27 July 2010 at 18:50
Que.1.Why is that their no time Limit for Filing Section 9 of HMA? Even after 6 years of desertion and having extra marital affairs few spouses taking the advantage of Section9 of HMA just for the sake of Maintenance?
Thus, similar to Divorce Clause Which says that 2 yrs of Desertion would entitles spouse to file for Divorce , Similarly their should be Clause of Filing Within 2 years for Section 9 other wise, it should not be allowed?
awaiting expert comments on this issue?
rdburmanmusic
27 July 2010 at 14:48
how to stop transfer of matrimonial divorce case ? i filed divorce case in jurisdiction area(karnataka) and where incidences have occured and where we stayed..i am govt doctor wher my duty comes under essential works. her father has come and along with her daughter he assaulted me,threatened me in my place(karnataka),put false 498a and and ran away..now want to transfer it to mumbai(where he and my wife stays) to torture me and my family.i have filed FIR on him and his daughter for his criminal attitude. can i ask supreme court not to transfer as my work comes under essential services where i cant move from karnataka to mumbai and i have already filed fir on him(many sections on him including non bailable) and on his daughter .police are yet to send arrest warran to him and his daughter .whats my life gaurntee in mumbai? he has also threatened me if i step to mumbai i will be sacked.my father has undergone heart by pass and i m only son to look aftr him . can i fight with all this strong backup. she is not govt employee she can come and go. she has never turned up to court for 5th time.0bjection not filed by her. please give me strong hope of objection not to transfer.
sagar Rao
27 July 2010 at 13:20
Dear Sir/Madem
We are three brothers and my mother is dividing the property among ourself,i am the secound one, our two brothers are having diffrent of oppion on me that i am getting more constructed area and in this regard my elder brother and his wife is not satisfed and they are threataning my mother and me by saying that we will call my parents and brothers and we will kill you and we will throu out of house by pulling all my house hold articles etc ,and some time they enter in my portion of house, aurg with me and damage my furniture and other house hold goods,use unhealthy/foules language with my mother, me and with my wife, while seaing all my two dauters get fear and are not going to school and are they not studing at all and we are living in fear that what will happen at any movement we dont know, as they parents and brothers are very influentel people having good network in the police stations.
My mother is aganist going to police station to file the case aganist my brother saying that family reputation will spoil in the socity and in me time i lost my passionce in these regad with my mother.
So please inform me how to safe gurard my mother and my family with my brother and his wife for which i am very gretfull you
venugopal
27 July 2010 at 11:53
Sir,
My mother is residing at my native town in the own house which is registered on her name only. My father expired six months ago. She is getting state govt pension after my father's death and house rent of one portion which is let out. My elder brother of 45 years, who is low IQ person( mentally retarted to some extent) stays with her.He is uneducated and unemployed. I have two sisters, who are married and settled.I am the last sibling.I am employed and stay in mumbai with my family (spouse & two daughters). Although I want to take care of my mother and informed her the same. She wants us to take care of my brother till his life time. Regarding this matter, i have informed her my inability. Please educate me about the legal provisions about this matter. Whether i am legally liable to take care of my brother now or in future?
Anonymous
27 July 2010 at 07:44
Wife filed for maintenance.
Husband filed for divorce. also an application for custody of child.
Court take both for common trial and separate judgments were passed.
in application for custody, no finding was given and the only reason given is - since the main O P is decided, this petition is dismissed?
Where can i redress my grievance?
john
27 July 2010 at 02:01
Respected Sir/madam,
If my wife sent notice to me falsely inplicating me and my famaily members for physical and mental harassment, or telling me that Iam not mentally or physically unfit or telling us that we asked for dowry,.. what steps we should take than..How can we come out of it.
Why laws are so weak for men..?
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Mediators spoil game
Wife wants to compromise after 498a.
But her Pastor advised wife to put up maintenance case against husband as per wifes version.
Her Pastor not talking to any one from husband side.
Whats the way out from him as she is dependent on Pastor & no evidence on the conversation between wife & Pastor.
Any legal way please!!