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Anonymous   22 March 2010 at 08:20

Tourting by Wife

Respected Sir,

We have love marriage in 1989 with the consent of my family but my in-laws (family of my wife) were not happy with our marriage, hence we do not have any kind relationship with my in-laws. After some years of financial struggle, our marriage life settled down smoothly. We were treated as a very happy family by the society close and known to us. We gave a birth to female child in 1992. Unfortunately, our only daughter has been diagnosised with a Blood Cancer in 1998. In spite of 50% possibilities of her survival, we have completed her 2.5 years treatment at Tata Memorial Hospital,
Mumbai. At last, with the blessings of the God and Non-financial support from relatives & friends, our daughter has survived and has just completed her 12th Std. Even during the worst period of our life, my in-laws have not taken any care to ask about the health condition of our daughter. Our marriage life was happy till 2008.

During 2008, on one morning, I have received a phone call from my younger sister-in-laws requesting me to develop our relationship and she apologies on behalf of her family. With good intention in my mind, I have accepted the same with the consent of my wife (This relation has built up after 18 years of our marriage).

There after, the attitude of my wife towards me has changed and she for a no or a very negligible reason, threats me for a divorce and/or she will leave my home. During Feb'2009, she has left my home with our daughter for 14 days and move to her mother house. After, the intervention of our relatives, she came back. Again in July'2009, she again leaves me alone and moves to her brother house for 70 days. There after, she came back to our place.

As the Board Exam. of our daughter has been completed on 9th march'2010, I have prepare a plan for trip to south India for 10 days. However, on the 4th day of the trip, a dispute has taken place between us again, as a result of which, we have discontinue our trip and return back to our place at mumbai. However, even after arriving at Mumbai she remains very aggressive and doesn't listen to any of our relatives including my mother, brother etc. She used to spoke very rudely to me. Now she further talks of divorce and creates the unhappy atmosphere in our small (3 person) family.

Sir, I have been very much disappointed by this repeated threats of divorce and I am much worrying of the career of our only god saved daughter.

Sir, I do not have any smoking, drinking or any other habits and have no any outside affair. The same is applicable to my wife also. Sir, in reply to my several efforts to bring peace in my family during past 3-4 days, she insulted me heavily and talks very rudely to me. We both are of 47 of age. She is a housewife since marriage and I have one owner ship flat in Mumbai.

Sir, I kindly request for your advice in the matter and if she remains stick to her demand of divorce, how can I proceed further in the matter. I do not want a divorce but at the same time I want a peace in my life at this age of 47 years.
I have previously lodged a formal N.C. at local police station when she left our place in Feb’09 and July’09.

Sir, please advice in the matter.


Thanks.

Rakesh Mehta.


attenuator   22 March 2010 at 00:26

divorce by mutual consent

Dear Experts,
Me and my wife have been living separately for more than a year and therefore have decided to file a petition for divorce by mutual consent. I have a couple of simple queries in this regard and would appreciate your valuable inputs so that the entire process goes hassle free!

1. In which circumstances could the second motion petition for divorce by mutual consent be filed before the mandatory 6 month period ? I ask this as both the parties are firm on their decision to part and there is no scope for reconciliation at all!

2. Normally what's the time gap between the second motion petition and the actual receiving of the divorce decree, is it on the same day or does it take a few days ?

3. Can a petition still be withdrawn by either party after the second motion petition and cases filed against the other ?

Many thanks in advance

Anonymous   21 March 2010 at 18:11

Visitation & setaside order

If the visitation orders are not complied with than can I ask the Judge to strike off the Defense in the Guardianship Petition.?

in the setaside allowing IA order the judge has allowed setaside without citing any reasons for allowing setaside.........he has just mentioned setaside allowed without costs can he pass order without citing reasons?

Anonymous   21 March 2010 at 15:56

Got Decree for RCR while Divorce Suit is Pending in Fa.Court

I Got Ex-Parte RCR Orders from the Senior Civil Judge Court at my home town, While Divorce Case is Pending at Dist Family Court filed earlier by Husband based on 4 yrs of Desertion and Cruelty, How to get the Order Executed as My husband is not ready to obey the Order nor does he have any Properties on his name rather Properties are their on his Mother`s Name?

rdburmanmusic   21 March 2010 at 13:55

separation

hi sir separation for cohabitation ,both couple staying in same house for more than 2 yrs and no cohabitation for morethan 9 months for severe marital discord due to various reason is strong ground for divorce? or is it helpful for getting divorve?

Anonymous   21 March 2010 at 13:17

women's property

Explain the concept of women's property and succession to the property of a hindu female according to the rules of hindu succession act 1956 ?

Aruna   21 March 2010 at 11:19

Is it mandatory to produce Income proof to file 125 Cr.P.C?

I want to know from experts Is it mandatory to produce Income proof of Husband to file case u/s 125 Cr.P.C? What if wife is not aware of what Husband is doing or if he is unemployed?

Anonymous   21 March 2010 at 10:49

Summary Proceedings in Contempt of Court

Sir

I have obtained visitation of daughter but my wife is not adhering to the vistation, I have bought this to the notice of the judge but he is siting helplessness in this case, I have filed couple of memos on this also... should I file contempt... if yes whether it shouuld be filed in family court or HC. ? is contempt petition a summary proceeding? what is a summary proceeding?

Anonymous   20 March 2010 at 20:17

Disown My Son

Dear,
I want to the Procedure to disown my son, Already i have read the topic in this website but as the reply was given through private message, i asking the query again.

One of the reply was to announce it publicaly. Only Public announcement is enough or there is any legal procedure like signing the paper and registering in the court.

you may ask, why i want to disown. The reason is my son dont want to live with his wife though we are trying to comparmise him. Now his wife brother's are treatening me to comparmise soon or else they will file dowry case. while going through this website, i found it best to disown instead of going behind bars and facing the police torture.

If any lawyer from chennai, please do reply so that i can discuss with you personally and protect me and my family.

Anonymous   20 March 2010 at 16:55

Property separation in Joint family

Dear expert panel,
I would like to put my query in this forum to get a legal advise to settle my issue:
My family is constitutes with 5-brothers (my father, his 4-elder brothers) my father is youngest in it. Out of these 5-brothers, 2-members are already expired.
Since it's joint family, all the property - Land, house, sites are in few members in a family(my father's brothers). My father does not hold any property in his name;
also due to improper co-ordination between brothers, income which is coming from this property is utilized by only few members.
I would like to know how to proceed for dividing the property equally and take out my father's share from this.
It would be of great help , if any of you provide me legal advise.

Thanks.