BRIGADIER RM SHARMA
01 April 2023 at 16:55
Dear Sir,
What is the legal position on use of husband's surname by ex-wife after divorce?
Anonymous
30 March 2023 at 01:11
Hello,
I was married in Nov 2020, my wife left home in April 2021 after arguments with my mother, then came back in April 2022, then without any reason left again in May 2022. After that she filled a lawsuit under 125 and complaint to women cell. I was unaware of sec 125 of which I recieved judgement in Dec 2022. This month after few appearings Judge asked me questions. I had a takeaway restaurant business which closed down after my marriage in 2020. Then I started again in Aug 2021 which unfortunately closed down again in Dec 2021. Since then I am unemployed/ out of business. Now my wife mentioned that I earn 2 lk p.m. due to which Judge passed (ex parte) maintenance of 20K p.m. I have filled recall under 126. So finally after appearings when judge asked question he asked to do settlement outside, where wife demanded 20 lk. I am of which have to take personal loan can only provide maximum 4 lakhs ( max eligibility amount), now judge asked me to beg or borrow from relative and to do settlement at 7.5 lakhs. What are the option for me now. My advocate is not advising anything promising which can be of favor to me. I am B.Tech which I completed in 2009 my wife is double MA and use to be teacher before marrige she left job due to COVID. Can judge ask me to beg money or borrow from relatives. What are the options for me. Can going jail is better option for me as I can't pay that amount my parents are retired and we have a income of total 30k p.m.
Anonymous
29 March 2023 at 01:32
Divorce was granted on mutual terms and we filed a compromise pitition in lokadalat for case removal and case was posted to 90 days observation period as divorce was not granted . Later in between divorce was granted and final settlement dd was handed over in front of honourable judge and same was recorded with dd number in divorce order. After 90 days girls is not willing to attend lokadalat .so please suggest on how to proceed to remove the criminal cases
Anonymous
27 March 2023 at 01:51
Dear Family law experts: The facts of the divorce case as follows
1. Petitioner (Wife) married Respondent (husband) in 2012 after 3 years of love phase in distance relationship since both were working at different city. during love phase petitioner stated her "ex" story. the "ex" abandoned her and resurfaced before the day of marriage. during marriage petitioner was started developing another relationship in her office.
2. Respondent later found all these and questioned, to counter this, petitioner was continuously humiliating and pointing out on respondent's inability to earn more since respondent is poor than petitioner. unable to tolerate the continuous humiliation, respondent searched job and moved abroad, and started earning and settling debts and sending money to respondent.
3. Now petitioner twisted the story and to hide her "ex" and illicit relationship findings and damages, was playing victim card as respondent abandoned and left abroad in the name of earning. petitioner got conceived started living in her parental house at the same time respondent moved abroad for the job. in spite of requests from respondent, petitioner denied baby shower and other formalities and twisted the story to parents and neighbors as respondent is not having enough money to conduct all these ceremonies. after child born, petitioner was not allowing to share the pictures or video call to see the child. also denied to quit job and move aboard with respondent. respondent was traveling to india once in a 3 months and meeting the child.
4. one fine day, petitioner told respondent to not to enter her house and not to meet kid for any reason. when asked about this decision to her parents, they were not bothered about this and advised respondent to listen what petitioner says. petitioner was proposing for a mutual divorce, where it was stated the respondent should not meet kid. respondent was not agreeing to this particular point, if visitation provided, was ready to give mutual consent. while respondent was on abroad, petitioner filed divorce on the ground of "cruelty" in Dec 2019!! stating not spending time with her / child, not visiting her / child and not providing financial support and moral support. however the respondent was proving huge money to her through NEFT account to account transaction, bought valuable jewellery, gifts, sedan car, took to vacation trips etc. while questioned about the contested divorce decision, petitioner said that she want to keep respondent away from her and kid. Respondent filed RCR as counter and case still going on.
5. on the main case, respondent made IA for child visitation. the judge took conducted full trial on IA and finally convinced and awarded decree in favor of respondent in Oct-2021. 1 hour per day video call with child and when coming to india, half of the vacation days can be spent with kid. the kid (son) is now 8 years
6. Petitioner went on high court appeal CRP & CMP on this decree and not attached document set. hence from the day of filing high court, the case was not listed ever for the past 2 years.
7. Meanwhile the divorce case is still ongoing in the family court. respondent nowhere made any kind of cruelty or harm. petitioner seems to be narcissistic mother.
Expert suggestion needed in the following scenario:
1. how to execute the visitation rights as per decree passed? (filing EP petition will work?)
2. Or Mention the CRP/CMP at high court and bring the case alive, contest, argue on the case? (whether respondent has chance to win?)
3. Whether respondent has ground to go for child custody?
4. If yes for point #3, Filing as IA under HMA section 26 family court on the same divorce case will be suitable?
5. Or filing fresh custody petition at high court ? (is there is a suitable section based on the facts?)
6. what are the chances that respondent to get infructuous order in all the above scenario?
7. What is the chances of respondent getting child custody considering "narcissistic" behavior of petitioner and wealthier than petitioner and can able to give best education and facility for the kid
8. Any relevant case laws to support this respondent's scenario or anyone has petition format?
Ankit kumar
21 March 2023 at 00:10
Recently in January i got married. But after i found her message from her ex or i don't but texts in message seems he is her lover . They are discussing about how we had sex. She is saying to him tha isse nahi hoga and her life become hell. I am just confused what should i do. I thought may i am wrong i am pleasing him the way she want. So i am giving here chocolate having good time where she is laughing having everything sorted but on the other i check. her phone i found their conversation (conversation is not old it mostly yesterday or today). Still she js taking with him . And even she has a new number and i found other guy messaging her and she kept him in archive on WhatsApp. But I read her messages. He is talking in lover type and she is replying..
I know here phone password and she dont know about it because i always react like i dont know.
Please i need experts help for this because i am generously working for my career for my dads business and after listening the condition of indian court and i am little.
Please help me.
DV 498 Problem
20 March 2023 at 01:18
Sir
What is the difference between
a. Filing Counter,
b. Filing Reply
c. Filing Objection
d. WS (and What is WS)
Kindly reply
Subbarao
16 March 2023 at 19:37
My friend and her husband applied for a mutual consent divorce. Her husband is not coming to the court.
He skipped 2 times. Her lawyer is saying this time she will get Mutual divorce on the basis of Expatriate
Also saying she has already crossed 45 years and there is provision in law if 45 year's crossed she will get the Mutual divorce in this hearing
Is it true? or Both parties have to present for getting the Mutual divorce?
Subbarao
16 March 2023 at 19:32
My friend and her husband applied for a mutual consent divorce. Her husband is not coming to the court.
He skipped 2 times. Her lawyer is saying this time she will get Mutual divorce on the basis of Expatriate
Also saying she has already crossed 45 years and there is provision in law if 45 year's crossed she will get the Mutual divorce in this hearing
Is it true? or Both parties have to present for getting the Mutual divorce?
Kiran
16 March 2023 at 15:29
Greetings to the all
sir//Madam my name is kiran , i''m from andhra pradesh , i'm married, Age 34 , at present i'm unemployee
My father was a govt employee , he was deceased in 2021 while in service, now my family consists for 5
members
1-Mother (House wife),
2-my self(married) , not working , but upto few months before of my dad demise , i and my wife were worked in same company, i asked my manager for work from home, due to my fathers health issue, my company not accepted for it, so i resigned.
3-my wife (pvt employee with 40k per month salary ),
4-my younger brother(unmarried, unemployed) and
5-younger sister(unmarried, unemployed) ),
After demise of my father the department officials offered us a compassionate appointment, on mutual understanding i applied for that within a month after my father demise, but
unexpectedly a unknown family to us also applied for the same, a woman gave a representation letter to authorities for seeking compassionate appointment for her younger son ( not married , age 25) , her elder son is also a govt employee ( gazetted officer ) and married . after her 1st child she went to Dubai for work and stayed there upto 15 years.
what she mentioned in her representation letter is " i'm second wife of Mr.xx , we blessed with 2 male kids ( Age's 32 and 25 ), after his 1st marriage he married me as a second wife ( she agreed that she is a second one in her statement ).
but she didn't submit any marriage document.
but she had my father's name in her passport , aadhar as husband , as a father in all her children's academic documents ,in id proofs. they are well settled financially , lands, houses , crores of valuable properties.
but in official records like Service Register , aarogya bhadratha , in some govt insurances ,and in all other govt related documents, my mother name and our names was mentioned as nominees , and all out educational documents , id proofs etc.... financially we are not wealthy, we dont have any properties , only one house on my mothers name, that too b-form patta (govt given that land to stay , no right to sold or mortgage) ,my mother pension also pending, my father colleagues suggested me to do not work in any company now, because govt need no earning member certificate from revenue department , if you work, you cant get no earning member certificate
, if you cant get no earning member certificate you wont get compassionate appointment. so i don't have any option to do, we are struggling financially ..... bank and 2 private financial institutions are harassing my family, bank approached district court to hold my father financial benefits.
i completed my graduation with 70% of marks , and the other person who i applied for the same is post graduated with 71% of marks
we belongs to Hindu religion, my parents are not divorced , and my mom is still alive.
because of her representation , the official's gave a memo to both families to proceed through court . so i approached honorable high court ,in 2022 Feb and filed a write petition.
so what are the chances , that i have, to get compassionate appointment. and approx how many month's it take ? how to move it faster ?
can any one please help.
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False maintenance case
My wife has been saperated from me since 12 years. She had filed 125 CRPC againt me which as dismissed for default for two times. Again she has filed 125 CRPC wherein interim maintenance is allowed.
On divorce case filed by me, on affidavit in chief filed by her, she specifically refuses to live with me at my ancestral house without any specific reason.
Can I move to high court to quash 125 crpc for has refusal of living with me ?