Anonymous
17 June 2010 at 00:03
(Did'nt get message for delivery...hence resubmitted)
I was an NRI and had filed a divorce case filed at subcourt of Tamil Nadu in 2002(got married in 2000). The case came for hearings in 2003 and have given my verdict that the Girl is unfit physically and mentally and threatened to commit suicide if compelled for intercourse. The subjudge listened and gave me time until next vacation i.e, after 6 months to appear back in court. Unfortunately i was not able to appear, hence the case was dismissed.
In 2004 applied for resoring, but my own legal adivsor who was fond of money, ruined by not informing the case hearing date hence that too was dismissed.
Have paid IA for case applied by my wife for 6months in 2004.
Now have applied HMOP case in 2007,without mentioning about old case of 2002. Now the reason menitoned here is cruelty and seperation.My wife applied for interim maintenance(no child) and court ordered to pay Rs.5,000 per month from 2008 to till date & continue until HMOP completes. And to torture she had applied for Maitnance case in JM Court and filed a criminal case against me and my parents by making false allegation that i told her before marriage iam a Chartered Accountant to get money(Have requested many times to come for out of court settlement, never agreed-as her father is a diamond merchant, they are buying each and everyone from clerk to top people) . For attending CC have resigned my abroad job and sitting idle at home since 2008! As my father in law know, they can't remarry her daughter, hence trying to ruin my life!
After all above My wife claim that as per limitation act section 5, should not allow my HMOP petition which is filed in 2007 for concealment and delayed in applying(IX rule 8 of code of Civil Procedure) , How to succeed/take further my case? Is their any citation avaiable, please recommend. Appreciate your valuable advice.
After all these, my father in law had challenged that will not allow me to get divorce till I reach the age of 80!
Have experienced a lot in court for past 3years without job by attending all hearings where had come across:
-Boycott by advocates
-Summer Vaction
-opponent advocate need to come from another location,hence for there convenience time was given/ extended usually 1/2 months
-Did'nt allow POA when i was abroad and out of my 10 request to give on my convenient dates to come from abroad(where i spent lakhs for air ticket and lost major savings in it), got only two times to visit as such. The rest of dates, was compelled to take permission from my ex-employer.
-Whether a man is working or has the capacity to maintain himself not an important issue but when he has applied for divorce, must pay interim maintanance by all means!
Being born as a Man and especially in caste of HINDU is a sin. Iam already 35-don't know how long to wait for divorce, sometimes i feel should take some other step....
abc
16 June 2010 at 20:53
kindlly do let me what is the full form of RCR ? Is this helpful to bring my wife back ?
Anonymous
16 June 2010 at 11:44
Ld counsels,
My spouse has instituted criminal and civil proceedings on teh same cause of action. Civil proceedgins to annul the marriage due to fraud criminal proceeding for cheating on the self same allegations.
Criminal complaint was given first in order to pressurize me.
Can I seek to stay the proceedings in family court u/s 10 of CPC. since a similar ciminal case is under trial.
Please clarify.
Thanks
Anonymous
15 June 2010 at 22:53
from last jan 2010, my wife is with her parrents and now her father is not ready to send her back to me...... coz she is pregnent and delivery is next month but i have a doubt that her father can kill my baby coz he is looking for divorce. and after divorce if my wife takes the custody she will have face the problem in second marriage and if she gives the custody to me so again no one will be ready to accept her coz how's the mother ? how can she leave her baby alone ? Is money and ego is everything for her ? so as far as I think my father in law can kill my baby any time though he can abort the infant but this was too late coz when our dispute started at that time my wife was pregnent from last 4 months and abortion was not so easy...
can I take any legal initiavtive to protect my wife and baby's life ? can lodge any fir against my father in law for the protection of my child ? I just want to bring my wife back.... but she says to obey her father all the time...
kindly suggest me....
Anonymous
15 June 2010 at 22:37
Hello!
My younger brother got married nearly 5 years back.after staying together for nearly six months his wife left him and went back to her paternal home and blaimed her husband of not taking proper care and harrasing.her parents blamed that the husband is not sufficiently paid to take her care and is a better son than a husband.the husband is a manager in union bank of india.
they have never met since then and have no child.The husband tried repeatedly to get her back but her parents
say she cannot stay with her.they donot give her any contact detail so that he can talk to her.as per her parrents she has completed MBA and as of now doing job at some MNC.
pl guide the way to get her back as the husband loves too much.Also mention the consequences if she is not coming and a divorce case is filed by the husband with respect to his job and paternal properties.husband parrents also want her back.but if she does not come they want divorce and re-marriage.
The family is Hindu .
Thanks for an early guidance and valuable view.
nisha keswani
15 June 2010 at 21:23
our house property is in the name of my great grand father.my late grandfather are 7 brothers and 4 sisters.my grandfather has four sons and 3 daughters.now the situation has arised that everybody wants the sale of house property including 3 sons of my grandfather, but my father does not.1)i would like to know whether majority vote wil bound us to sell the property.2)if my father also agrees then will my brother hav right to object the sale of property.
Anonymous
15 June 2010 at 18:20
My client has been filed div. pet. u/s 13 HMA since one year before taking grounds of cruelty. At that time he didn't know that his wife is previously married with other person and without decree of divorce she again married with my client. Now the problem is that I want to file a petition for nullify marriage under section 11 HMA without withdrawing the div. pet. U/S 13.
Can it be possible that div. pet. U/S 13 keep remained and another new petition u/s 11 may be filed?
Anonymous
15 June 2010 at 17:38
my wife,s psychiatric treatment was concealed before us at the time of marriage.two years after marriage i have filed matri suit for divorce.how can i proove to the court that my wife has concealed the truth of mental illness before marriage.i have document of her treatment in cmc vellore inyear 2000
Rajarajan Gurunath
15 June 2010 at 14:37
Dear Experts,
Can you please help me with the legal procedures in adopting a child in India.
Usually for schooling , almost all schools are requiring the Birth Certificate for admission. Incase of adpoted child what documents can be submitted ?
Regards,
Rajarajan Gurunath
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Query
i want to aks the following things.
my friends is going through bad time of his marrige.
he has send two notice to her wife at her parents palce.and she dint reply to any of her notices. .what the next step he should take and under what ground.
evenafter taking seperate palce for staying ,her wife is not doing any thing,my frd has to wash his own cloths,clean up the room,even she is not cooking the food for him.