Nishit
21 December 2009 at 18:58
Hello Everyone!!!
I married 1yr ago with Love+arranged and registered marriage. Me and my wife had good relationship for first 6months. We were weekend couple as were together living every weekend since marriage, else I was staying alone at my flat and she stayed with her parents at her own flat. As both are working professionals we had small fights also. But since she met her new colleague at her office tour at different location in same company, she is daily in touch with that guy. He is 4yrs younger than her, both talks for hours and sends 50-200 sms to each other daily. She is doing this since after 6months from marriage or since her meet with him. When I objected this she asked me to provide her freedom and understand corporate lifestyle or else leave her. Later on she stopped physical relationship with me (4months back). Then I came to know from her friend that my wife is having affair with that guy and both meet regularly at third place in name of office tour or office work. We don't have any child.
Now current scenario is that:
1) My wife wants divorce on urgent basis with reason that my nature is not understanding & not providing freedom.
2) My in-laws are with my wife's side as they need her salary, they have clearly told me about salary income from her matters to them even after marriage.
3) Everyone from her side denies her affair with her colleague(they call it as good friends only), but I have call/sms details of their early relation time. From which any one can conclude huge flow of call/sms at midnight means affair only.
4) They have threatened me to give urgent divorce and they don't need any money from me else face legal complications or they will suffer me.
5) My wife says that they have filed NC case against me, but I'm not yet enquired by any police nor received any copy of NC from them. (I was heavily depressed when I came to know her contact with colleague so I called her and told that I'm going to harm myself in case you will leave me for that guy, so she filed NC saying her hubby going psycho and can do suicide, this is her narration)
My problem: I'm not ready for divorce and as I know her nature, I know that she will change her mind and soon come to know that she was on wrong path or misguided and took divorce decision in angry mood.
I have met 2-3 local advocates in my case every one says to resolve matter internally or go with mutual divorce. But her family is not at all interested to meet me or my family. In any case I don't want to loose my wife. I think all issue raised due to lack of mutual understanding as weekend couple, which can be resolved by time and not by divorce. And divorce should happen only if they had real affair or physical relations. Also I have not filed any case or complaint against her. We met/stayed together 4months ago, since we have not met.
My questions:
1) Are cruelty(NC case) or non-understanding person proper bases for filing divorce against me? (I know she can file many false allegations on me including dowry)
2) If she files divorce after 1yrs of marriage (which is just completed) how I can come to know about divorce case filed or not? As I don't stay at my residence where marriage took place and was registered.
3) Me and family insisted to family meet to resolve our matter since last 4months but no response from her side. They kept telling that there is no use of meet and wait till completion of 1yrs(for divorce proceeding). Can my wife file case against my family as we followed up with her family for meeting?
4) If my wife has affair with her colleague under name of official work (as per her phone details and confirmation from her friend) Is there any way where I can request court to order retrieval of SMS (actual SMS content) and calls details of both cheating persons? After retrieval of SMS content or call/mobile location or investigation details of both cheaters can court understand my side or punish the culprit?
Please help me here.
Many Thanks in advance...
Anonymous
21 December 2009 at 16:25
Dear Sir,
I wish to clarify some doubt relating to HUF partition.So Pl reply in this regard.Your immediate reply will make me glad.
Regards,
S.Jegadeesan.
Anonymous
21 December 2009 at 13:43
1.Can a mother claim maintenance from her expatriate son while her husband is still alive,financially very rich and has never left her alone?This mother doesn't have any savings/properties of her own-everything is in her husbands name.But she has lots of jewellery and earns rental income of >4000.00Rs.per month.
2.How can a son settled in USA reply to summons from maintenance tribunal if he is unable to come to India.Can he give a written reply by post or email to maintenance tribunal and would such a reply be acceptable to M.T.?Can he send any blood relative to M.T.to represent him?
3.How can an expatriate son seek more time from M.T.without coming to India and how much time may he get to appear before M.T.?
4.As the mother is seeking maintenance from son while enjoying blissful conjugal life with her rich husband,shouldn't she be asked to prove her financial plight before M.T.first?
5.If this suit is deemed as frivolous,can the son demand adequate compensation and expenses from the petitioner?
Anonymous
21 December 2009 at 09:59
Wife left to her parent’s house in my absence without intimation after showing rude behavior to my parents for 5 months from my joint family set up of house and not returned back so far. Conditions for rented house. Both govt. servants, but she draws more than me resulting her being in ego, dominating/rude nature with high BP and follows her mother& sisters. To press, she threatened of police/court by SMS & telephonically a no. of times. I wrote this episode to Police Stn. & for action. On police query, she went to women Cell & charged falsely me & my family members of being tortured mentally. Women cell threatened me loss of money/jail and asked to accept her condition of residing on a rented house keeping aside her cruel/rude/insincere threatening/frequent changing behavior. I denied & gave my decision in writing of residing with her at my independent floor of my parents’ property. She wrote of residing in alone at a rented house for sometime till further decision in the case & even made ‘yes’ for civil suit against me soon for divorce.
Confused now !
What legal steps should I proceed now to protect myself to avoid any legal action against me and my family members under Women Act on false charges
or
For her smooth return with condition of not repeat of the same
or
She may be ready for mutual Divorce for peace of mind for me
Or
What type of alimony may be claimed by her, is she be eligible for the same
G V RAO
21 December 2009 at 09:40
Dear all,
I have filled RCR petition(Y07) and later with drawn and filled the divorce petition during May'08 and come to my cross now.
Ground : Cruelty and desertion
In between ,court granded IA on child visitation , but she did not allow and my daughter(10Y) also said in fear that she will not come to me. My wife filed writt in high court to quash the IA passed by the family court and also ask stay on matrimonial case proceeding. I yet to file my objetion against her writt petition.
Till now i did not disclose about the voice recording of her abuses to me & my partents , beating my child and asking her to abuse me and my partents and also her demands.
Now, I would like to produce these recording (20 files) to the high court, which may slightly tilt the case.
I need a guidence and the process to put up such information to the high court and family court, as this is very vital evidence . Whether any one from our group used such recording in the court.
Kindly suggest and advice.
Regards /gvrao ( 0 996 33 99235)
Anonymous
20 December 2009 at 13:17
pls. help i need to knw how do i get my share from the settlement from my family, as i have indicated that i want to separate and what take my share and leave. since nothing is in my name and but my mom and my brother, how can i resolve it. brother dont want to settle it amicably, what is the solution. pls advice very urgent
Anonymous
19 December 2009 at 23:02
Two items of ancestral immovable properties were devolved upon three sons. They have been in joint possession and enjoyment of the same without effecting partition. All the three sons intend to sell away above said three properties for the reasons that they are not getting sufficient income from the said properites. whether the proposed purchaser can obtain sale deed without making their major and minor children as parties to the sale deeds to be executed and registered.
please give opinion if there is (no)legal necessity
vs
19 December 2009 at 20:04
Dear experts,
I am from U.P.
at present i m in a central govt. job in an other state.
my marriage was held in 2007.under HMA
But due to the affairs of the bride, she did not accepted me after marriage. and went to her parents home.
Still she is there.
at present she is demanding Rs. 800000 towards divorce.
It is my good luck that no case/FIR filed by her.
But her side lawyers are saying that they will not allow her to sign her till the amount is not paid.
they are not ready to give divorce by mutual consent.
They are saying that U/s 13 of HMA will sent a notice and then divorce be given so that it is possible to make all things in 2 months only.
The amount is to be given to third party.
Is this right for us (groom side)?
Can the bride will be able to impose 498A after divorce under sec. 13 if the bride side files case u/s 13 on the ground of "misunderstanding" and not of CRUELTY ETC.
What should we do?
Thanx
Tipsy
19 December 2009 at 18:53
My Father who was Karta of HUF has expired and we want to dissolved HUF and are Looking for draft of HUF Dissolution deed.
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Parental maintenance
1.Whether a lawyer can be appointed to represent an expatriate son in a maintenance suit filed by his mother or not?
2.How can a son settled in USA reply to summons from maintenance tribunal if he is unable to come to India.Can he give a written reply by post or email to maintenance tribunal and would such a reply be acceptable to M.T.?Can he send any blood relative to M.T.to represent him?
3.How can an expatriate son seek more time from M.T.without coming to India and how much time may he get to appear before M.T.?
4.If this suit is deemed as frivolous,can the son demand adequate compensation and expenses from the petitioner?