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Ajay Sharma   02 August 2013 at 13:01

Dv case dismised

Hi Experts

My Wife put DV case against me but from the two date she is not appearing/coming

Can judge order to dismiss the case or i have to appeal to judge to dismiss the case as she is not coming on a regular basis

Thanks

Achyuta Nand   02 August 2013 at 12:42

Divorce

Hi
My sister has filed a case against his husband under 498A .
Now if she files for divorce, will d case 498A get dissolved ?
Plz help
Thank you
Nand

Kumarsirik   02 August 2013 at 01:00

Marriage on rocks

Dear Panel.

We married in 2008, second marriage for both of us. Many unpleasant strains have been an hallmark of our relationship, though interspersed with some wonderful and cherishable moments.

Ever since I married I noticed signs of erratic, irrational, manipulative and aggressive behaviour inlcudes the trauma meted out to the servants due to her tantrums.

I am also wrong in few aspects. When I did not conceive in my first marriage I got myself tested and found my sperm count was low. Due to cirmcumstances that were detrimental to the family prestige, we had to divorce, way back in 2002. I later underwent an ayurved treatment and my condition improved. My lifestyle and job profile creates enormous stress and on successive recordings I found my sperm count was vaciliating from good to bad. The doctor advised that this is normal given my personal conditions. I then opted for a second marriage and my mistake was that I did not consider divulging this information to her. I later underwent, after my second marriage, a varicocele surgery and 5 months down the line my sperm count was 60 million with 90 percent motility.

She is now blackmailing me in to a legal action as she feels she is decieved. I fully understand her point. Incidentally, for last 4 years she has been having irregular periods and in last 2 years not a single cycle. Her hormones are gone haywire. She finally, managed to steal my reports and hide hers.

She is harrassing me by not cooking food for months, not attending family functions, not allowing me to check her if she misbehaves with servants, recording unparliamentary language I would have used due to fit of anger caused due to extreme provocations. She keeps haranguing about my parents and other family members. On some ocassions she even created a raucus during family gatherings by picking up a petty quarrel with me. These incidents put all our relatives on the defensive and they started maintaining a distance with her.

Recent times she left my home without intimation since I had to plan a 3 day business trip without she accompanying me.

I took her to a counselor a year ago and they assessed us thoroughly before arriving at a decision that she probably is suffering from bipolar disorder.

She managed to estrange me from my parents and also on telephone calls with relatives spoke nasty things about my mother. My parents decided we stay away from them and visit them on festivals and weekends. i always was alone and unaccompanied by her during family gatherings. She alleges that I have an affair with my younger brother's wife. This is one point that I could not control my anger and uttered expletives.

I refrained from intercourse for long durations and we did not talk for few months due to disturbed emotional state.
She alleges that I am impotent. I reckon I am as normal as anyone else. All that I requested her to restore intimacy is to create an ambience. She is dead against any foreplay a man needs for arousal. I cannot agree that I have a libido issue. She called me an eunuch several times. On few of the occassions we have had good sex she cried no sooner she reached orgasm by recollecting something I have done or said during the day and trust me on harmless things.

Recently, I had to get my passport renewed on a urgent business travel and requiring her to sign an affidavit in support of our marital status. She refused to sign and I lost my job at a senior management level on account of my personal situation.

I filed a petition with the police to help me in restoring our marital relationship. This I had to resort to as my attempts to discuss our relationship with her family always ended up in they insulting us. They claim they have strong evidence against me to take a strong action against me and my family of origin.

The police promised to arrange for a marital counseling coming Monday.

My parents are aged, retired academecians and ailing with severe heart problems. We are living in constant dread that our family may have to face the music from the police in case they file a false case of Domestic Violence. In fact, given the sensitiveness of my father he would be dead the moment a cop summons him to the station.

My queries
1. Have I done an act of crime by not disclosing my subfertility?
2. Have I wronged in ignoring her carnal needs? I thought this is a mutual exercise and I am not a coolie to do sex as a routine.

3. If either or both of my mistakes are wrong what is the scale of penality I am liable to?

4. She never stayed with my parents and never had detailed interaction. They prudently stayed away from us so as to not to complicate the relationship. Are they also vulnerable to DV suit?

5. One and all adviced me to get rid of her. I do not see a way out withoug shelling lot of money as was the case with my first marriage. I am keen to retain the relationship taking in to account commonality in our interests and pursuits and also the wonderful moments we have had in the past. Can the police help us strike a balance and convince her to stay put without resorting to extreme measures.?



Info Seeker   01 August 2013 at 23:09

Accomodation support location

Dear Expert.

seeking you support in below query

if judge has ordered husband to provide accommodation support to wife

1) location will be based on wife choice or husbands affordability ?

2) can it be the apartment close to wife's home

3) if husband has property with father which was brought before marriage than in divorce husband have to give that property to wife or he can buy property somewhere else?

4) is it the value of apartment should be same as husband property which was brought before marriage

5) is it based on what judge orders ?

6) it should be 1BHK or 2BHK (no baby with couple)

Member (Account Deleted)   01 August 2013 at 21:54

Maintenance and neglect

Husband and wife gets married in December 2009. Till year july 2011, husband and wife stays together. like normally happens, wife leaves husband's house in july 2011 and starts staying at her paternal home. November 2011, Husband files for divorce and january 2012 wife files for CrPC 125.

for CrPC 125, two conditions are required which are wife unable to maintain herself and husband inspite of sufficient means, neglects to maintain wife.

in above case, when it comes to husband neglects to maintain wife, which time period will be considered, is it from December 2009 to July 2011 or December 2009 to January 2012.. including the time period , post july 2011 when wife left matrimonial home without reason.

please help

Ankur Salim Siddiqui   01 August 2013 at 21:36

Divorce/visitation rights/pay

I have staying separately from my wife for the last 4 years - does it automatically qualify and result in Divorce? She does not allow me to meet my 7 year old daughter? What can i do? Moreover, i am paying inr 30k for my daughter every month by cheque?

Please advise.

Thanks

Ankur

AMIT   01 August 2013 at 21:15

To get divorce from wife

Dear Sir,

I got married on Jan 18, 2010. My wife doesnot want to stay with my parents. I am staying in bangalore and basically from rajasthan. She was with me but whenever we were going to native, she was keep fighting with my parents although my parents didnt say to her anything.
Her parents are interferring now my life also and always shouting which I had recorded also during talk on mobile. My father is a doctor and we had spent almost one lakh rupees for her treatment and after that she was able to carry a child. Although we were ready to do her delivery, she went to her home even without informing to my parents and now its almost five months over. She deliver a baby boy but didnt inform to me and my parents. Now I am too much upset and want to get divorce from her. Kindly help me what should I do ? Her parents are always telling that we have enough proof against me and my family members. They are very cruel and now I want to give her divorce and dont want to give her any maintenance also. Suggest me..

SAHI verma   01 August 2013 at 17:50

Required dicorec from husband

Dear Concern,

I want to get dicovrce from my husband due to his bad behaviour and abusing nature. He has not ghaving faith on me as I am educated and he is just matric. Lots of time he made me embrace infront of my family, relatevis and friends. Their paprents to do the same. They never discuss anythign infront of me His family always back biting about me into their relatives. We got married in the year 2010 nov 23. He took a rented home for me n I had to pay rent and other maintance for myself. He and his family never take my responsibility because they leaved saperatly from me. after one year I had to move in another rented room and he left for his job at outside of Inida. I was living seprate from him since Nov 2012 to till. When I asked him about divorce then he threaten me that he will get sucide him self or me if I have tried to get seprate from him. My family get pressuired from society and try to resolved it but now I dont want to leave with him. Pls suggest.

Bisheshwar mahto   01 August 2013 at 13:30

For maintanance and property

iam a mareid women and i had married in 1996. after 7years of marreis i knew about my husbands cheating because he had in relationship with another lady and from that time my husband was ignoring me and he leave me alone in my parents house.i have a son also he is 14 year old and i am bearing of total maitance of my son. in this situation what to i do?