jyothsna
22 January 2009 at 11:41
Dear Sir,
My sister was married in the year 1998, while she was doing her degree second year. We gave Rs. 3 lakhs money, 10 gms of gold and plot of land as dowry. They have started quarreling from the second day of marriage itself. The main problem is with her mother-in-law only. She bared a lot with them and also left her studies in between. After two years she gave birth to a baby girl in the year 2000. As it is a baby girl, they left my sister and her daughter at my home itself. At that point of time we have gone for police help and as a result arranged for a separate residential accommodation. After one year she gave birth to a baby boy. As both children were so young we use to take care of the girl by keeping her with us. She was brought up by me and my parents. Even though they live separately my brother-in-law didn’t take much care about my sister. We used to take all household items including medicines, vegetables etc…. Whenever we go to see my sister. Due to two cesarean operations she became stout. Now my brother-in-law is mentally harassing her that she is fat and he can’t go out with her. By keeping all these she became mentally depressed and committed for suicide. We have taken her to psychiatrist for treatment and later on she was recovered. In last year her mother-in-law was attacked with cancer and she has undergone treatment in Hyderabad. My sister decided to serve her mother-in-law in her last stage and went back to their in-laws home. Even though her mother-in law is a cancer patient she is not allowing my sisyter to live peacefully. They were very cruel and they didn’t even provide good food to my sister and her children. As a result she was infected with glod bladder disease and at last we got operated and the bladder was removed. So she became very week. Even though she went back to them because of children studies. Now also they have not treated her properly. My father is working as railway station manager in tuni, Andhra Pradesh and I am working in a private company in Hyderabad. Now my parents are looking for matches for me. So, my sister’s mother-in-law was ill treating my sister to sell the land and bring money. My sister's husband and her in-laws are mentally torching and harassing for dowry. Now they are confident that no action can be taken after 10 years of marriage. As she was vexed up, she came to my parents with her children at a very bad depressed stage. Now, my sister’s sister-in-law is threatening my sister that they will take away her children from her and my brother-in-law will be re-married again.
Due to this reasons my father got heart attack and my mother also became a patient .we don’t have anybody to help us. And we wanted my sister and her children to live happily and peacefully.In such circumstances, please help us by giving a timely and good decision.
N.K.Assumi
21 January 2009 at 13:44
A marriage was solemnised as per Christian rites and ceremony in the Village church. After the marriage the wife was nominated in the pension book by her husband. But thereafter the wife eloped with other man and the usband also got married to another woman and for nominationg the second wife in the pension book the authority is asking the husband to produce a decree of divorce. What should the husband do in such a case?
Mohan. S
20 January 2009 at 15:08
Submission for legal advice of learned advocates :
My son was married on 13 Sept. 2007 in Chennai , with consent of the bride and family members . After marriage, the wedded couples stayed in bride groom’s house for two days , went for honeymoon for 5 days. After ten days of Marriage, I Learnt from my son that the matrimonial relationship was not started from day 1, neither during their stay at Bride’s house nor during the Honeymoon. Arranged for a separate residential accommodation for the newly married couple to start their wedded life. My son informed that his wife avoided physical relationship by lame excuses like stomach pain, menstrual periods etc. Our advice to her yielded no result and the couples led a wedded life without any physical relationship.
From the day of marriage bride was frequently quarrelling, using abusive words. I came to know about the abnormal relations between couple from my son after 10 days of marriage only. Advised him to take the help of bride’s elder brother and sister in law, who were the guardians of the bride till marriage, as her parents are no more’. As they did not help, I requested them to counsel couple. Though they promised to solve the problem they did not try to solve, stating matter will be settled by themselves in due course.
As things did not improve, self & wife came to Chennai from Pondicherry. Informed bride’s relatives and on 16 Oct Discussed with bride;
1. Is there any physical problem for keeping my son away? Suggested for medical check up.
Next day she left with her brother who came to take her home.
On 29 Oct , son went to their house and brought her back .
2 Nov 2007- Her family members came took her along with them for celebrating Deepavali.
9 Nov –Self , wife discussed with bride’s family, suggested for counseling by external agencies which was agreed. But bride Continued stay at her parental house and deserted the matrimonial house.
12 Nov –Social Welfare Board TN. Contacted & Counselling commenced and stopped in April inconclusive.
---- As per suggestion of counsellors And as per demand of bride, agreed to allow them to live in a separate place away from both families. But even after 45 days bride’s family could not convince the bride to enter in to matrimonial relationship with the bride groom .Then we insisted for stay only in the flat purchased, which is next to our flat where we stay.
---At last we suggested for mutually agreed separation after discussing with counselor , which bride & her family refused.
During May 3rd week 2008 One Sunday ,She came to flat alone. Stayed till Saturday morning (6days). Did not eat/drink. During stay at our house and Left house by 9am & returned at 8pm.
During September 2008, one day entered house and took clothes and left within ten minutes.
PRESENT STATUS :
There is no communication between two families. On our request counselor tried to contact bride &her brothers but no response.
The learned advocates can advise me, as to how to get a divorce for my son (the bride is not willing to give a divorce)
Mohan. S
20 January 2009 at 15:08
Submission for legal advice of learned advocates :
My son was married on 13 Sept. 2007 in Chennai , with consent of the bride and family members . After marriage, the wedded couples stayed in bride groom’s house for two days , went for honeymoon for 5 days. After ten days of Marriage, I Learnt from my son that the matrimonial relationship was not started from day 1, neither during their stay at Bride’s house nor during the Honeymoon. Arranged for a separate residential accommodation for the newly married couple to start their wedded life. My son informed that his wife avoided physical relationship by lame excuses like stomach pain, menstrual periods etc. Our advice to her yielded no result and the couples led a wedded life without any physical relationship.
From the day of marriage bride was frequently quarrelling, using abusive words. I came to know about the abnormal relations between couple from my son after 10 days of marriage only. Advised him to take the help of bride’s elder brother and sister in law, who were the guardians of the bride till marriage, as her parents are no more’. As they did not help, I requested them to counsel couple. Though they promised to solve the problem they did not try to solve, stating matter will be settled by themselves in due course.
As things did not improve, self & wife came to Chennai from Pondicherry. Informed bride’s relatives and on 16 Oct Discussed with bride;
1. Is there any physical problem for keeping my son away? Suggested for medical check up.
Next day she left with her brother who came to take her home.
On 29 Oct , son went to their house and brought her back .
2 Nov 2007- Her family members came took her along with them for celebrating Deepavali.
9 Nov –Self , wife discussed with bride’s family, suggested for counseling by external agencies which was agreed. But bride Continued stay at her parental house and deserted the matrimonial house.
12 Nov –Social Welfare Board TN. Contacted & Counselling commenced and stopped in April inconclusive.
---- As per suggestion of counsellors And as per demand of bride, agreed to allow them to live in a separate place away from both families. But even after 45 days bride’s family could not convince the bride to enter in to matrimonial relationship with the bride groom .Then we insisted for stay only in the flat purchased, which is next to our flat where we stay.
---At last we suggested for mutually agreed separation after discussing with counselor , which bride & her family refused.
During May 3rd week 2008 One Sunday ,She came to flat alone. Stayed till Saturday morning (6days). Did not eat/drink. During stay at our house and Left house by 9am & returned at 8pm.
During September 2008, one day entered house and took clothes and left within ten minutes.
PRESENT STATUS :
There is no communication between two families. On our request counselor tried to contact bride &her brothers but no response.
The learned advocates can advise me, as to how to get a divorce for my son (the bride is not willing to give a divorce)
Ranganath
19 January 2009 at 16:11
Ld counsels, The definition of isrithan is not clear in law. Very often wife complaint misappropriation of articles gifted/entrusted by her to husband or his family. What is the case of articles entrusted by husband to her. Is it a isridhan. isridhan is what she brings/gives to matrimonial home from her side. What about articles given to her from husband side.
The popular Pratiba Rani case talks about articles given by wife to husband but not husband to wife.
http://indiankanoon.org/doc/1684706/
How come law turns a blind eye to the gifts given by husband to wife during marriage while she is not willing to live with him.
Please clarify
Ranganath
19 January 2009 at 01:04
Respected counsels, If I file a divorce petition u/s 14 of HMA (citing exceptional hardship) and the opposite party though deny the allegations but giving consent for divorce in the court will the court ask for filing mutual divorce petition. Or will the court accept the petition and grant divorce.
Petition need to be filed within one year of marriage.
In case if the opposite party is putting a condition that consent will be given if some money is paid. will the court accept even if the exceptional hardship is proved.
venkat reddy
18 January 2009 at 14:39
petitioner/husband filed filed a petition under order 39 rule 1&2 in for not alter the gold ornaments whether it is maintainable for the petition filed in restitution of conjugal rights, kindly help me in this matter is there any citations.
imthiyaz
17 January 2009 at 13:50
What is the position of Muslim law or Mohameddan law for orphaned granchildren in India ? In case of a Sunni hanafi family..
Here our case it is our grandmothers property in question, She has 1 son who is predeceased with 3 children, and two daughters who survived her?
whether Orphaned grandchildren are entitle for any share in their grand mothers property ? or they are entirely excluded by their aunts ie 2 daughters ?
One advocate told me that In Section 65 in Mullah's principles of Mohameddan law the big bible like book, it has been said that these orphaned grandchildren comes under residuaries hence they will get some share..
But Mohameddan law is not yet codified so where from this section 65 comes in this book and the Orphaned grandchildren are entirely excluded by the surving aunts or uncles.
Please clarify, whether orphaned granchildren gets any share in grandmothers property as per Mohameddan law in India?
esther
17 January 2009 at 11:55
Dear sir/madam,iam a daughter,i would like to know what are my rights in the property,earned by my mother,my father is not living with us, though legally not seperated from my mother. At the time of buying the property, she has got the properties registered in her sons [has got 4 sons and three daughters]names,saying that she hates to give anything to daughters.as they are already giving her a burden ,by getting us married,and both off my sisters were married in my mothers presence ,but i had to get out of the house and get married,mine is a love marriage,of course all the others also had a love marriage ,.now im perplexed as what is my position there ,im confused whether to ask or keep quiet.
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Restitution of Conjugal Rights
In a RCR case will the family court conduct examination and cross exmination to find if there is a reasonable excuse for the spouses to stay apart. Even after counseling sessions if one of the spouse is re-fusing for re-union will the case be taken for arguments and exmination of witnesses before a decree is ordered.
Please clarify