somesh
26 July 2013 at 18:08
as discussed with esteemed experts i went to my inlaws to bring my wife back.
when i went there they kept condition that we have searched a job for you in haryana near their house and you have to join it then only they will allow me to take her away.
i simply denied saying i am a businessman in mumbai why should i shut my business to do a job for you? they said we want you to take care of our children (i.e. my brother & sister in laws) then i asked them to send in your children's to mumbai i ll take better care then you do.
Later on they left this condition and asked me to stay at their place for 10 to 15 days, but i was having my return ticket with me so i requested that i will come back and stay with you as much day you want but this time please excuse me. later i told them that i can stay a day with you and next day i ll take my wife with me and they agreed.
next day when we were about to leave her mom denied that they will not allow me to take my wife (she was ready with her bag to come with me) my MIL told the girl that if she goes with me she will finish herself due to which even she stayed with her mom and i left.
Her father was speechless on this matter as he is not allowed to interfere in house matter only her mom will decide what is to be done.
So please advice me what should i do now as i totally depressed and unable to take any decision as i don't know whether my wife will stand by me or not.
rajiv_lodha
26 July 2013 at 18:05
I am fighting a divorce case sec 13i (a) filed by me 3 yrs ago. Its in petitioner evidence stage, moving slow. Seeing the trends of Indian courts, there are bare minimum chances 2 get timely divorce from unwilling wife (add up appeal period also). MCD is nowhere in sight for yrs 2gather. Marriage is practically dead. Apart from this case, others are:
1) DV Act case, pending for complainant’s evidence in nxt date. IOs are in my favour already 2 yrs ago.
2) Child aged 10yrs is wid me. Wife has not demanded custody in any court, only fortnightly visitation allowed in DV interim.
3) She applied 498a+406 three yrs ago as retaliation weapon, but no FIR. She did not approach for 156 (3) etc till date.
4) I do not have im-movable property. Parents have it. Mother is co-accused in her DV case.
Now I want to settle abroad, leaving the mess back. Is it possible and advisable that I shift to some other country on study visa & then PR. If yes, how to implement it with minimum damage. Remember, that wife’s attitude still is to spoil my future life if I do not take her back.
A.k bhardwaj
26 July 2013 at 01:45
sir
i am 25 year old ,i am married from last 4 year but because of her nature my total life is going to spoil. i tried hard to make thing s better but it was worthless . now i want divorce but she is not ready what can i do ? is it possible? how i can divorce her?
jeetendra hegde
26 July 2013 at 00:18
Respected sir/madam,
i would like to apply for divorce because of non adjustable situation between us.we have two childrens aged between 7 and 4 years old.I wish and able to look after my childrens welbeing but don't want to give a penny to my wife.
Now my query is, though i do estate agency job i don't file IT and there is no proof to show income since it is fluctuating in nature.My wife blackmails me of going for divorce and if at all she do, how much it effect me while case comes for alimony?.my father have shops and flats in mumbai, and we are of 8 sibblng .if i go for divorce does my wife have the right in my fathers properties?..we advice me.
INDIAN
25 July 2013 at 21:21
Respected Experts ; I have filed 125 by saying that my husband is. earning 40 K PM . I m graduate and non working and my 2nd child of 6 moths is with me . My husband has replied that he is earning 8 to 10 K . He is running a stationery and photo stateshop in a college. He is not filimg ITR . He is living on rent 3 K with his monther and our elder son of 3 year. He is paying the shop rent of Rs 4K . Now my query id how I can proove his income ? In above said situation how much maintenamca I can expect.
Amit
25 July 2013 at 17:13
Does this bill allow divorced women to claim a share in their ex-husband's property even if they have re-married?
Mohd. Khalid Quraishi
25 July 2013 at 15:26
Respected lawyers,
i filed my ITR 2011-12 Rs. for 1,,60,000
and filed again 2012-13 for Rs. 1,76,000
although i don't earn such a money but my income tax lawyer to maintain my ITR he does himself. hardly i earn 7000-8000 Rs. PM now i have said to my lawyer that have to give money to my wife for her maintenance and around !/3 will be given to my wife of my income.that's why my IT lawyer is saying that we file the return Rs. around 80000 for a year for 2013-14 then the last year income will be considered at the time of maintenance
the next thing is that in my WS date for 125 crpc and DV has been taken next date to the statement . but my lawyer of !25 crpc and DV has written that i hardly earn rs 5000 PM and the institute is in the partner ship and and we are at a loss to fulfill the expenses of staff and ETC. tell me what should i do sir/ma'am
Dipak
25 July 2013 at 11:49
Pls. give reply after reading & considering following old query:
http://www.lawyersclubindia.com/forum/Withdraw-consent-in-mcd-u-s-13b-may-amount-to-fraud--83847.asp#.UfDEudJHJOI
The M.C.D. petition u/s.13B of H.M.Act has just presented in Court. Husband has not given oath/statement in front of Judge after presenting MCD petition. So, the first motion petition has not successfully passed. And husband withdraws his consent from MCD before passing first motion.
Que-1: Is it husband guilty of contempt of Court in this matter as he has broken the terms of agreement of mutual consent divorce?
Que-2: Is it amount to breach of trust by husband? If yes, Can husband punish under breach of trust ?
neetu
25 July 2013 at 00:46
Respected Mam/Sir,
Please suggest:
We had an arrange marrige in April 2010, My Parents Spent good amount of money on my marriage and dowry.After few days of our marriage my husband told me that he was pressurized by his family for this marriage.he never maintained physical relationship with me.he usually talked to his female office divorcee colleague in nights on terrace.He used bad language.
As i am a elder sister i had not told anything to my parents.
Things worsen day by day, he enjoyed his life by going late night parties on weekends without me.
he was least bothered about my side.we started quarelling with each other.
He created such kind of scenario so my Parents took me back for some time at their home so that things would cool down and settled down.
he never called me back.He and his parents sold out their house without telling us along with my all jewellery and dowry.They shifted to another state.
As i did not want divorce and thought he will get changed and will think to save the marriage, but he cheated on me.
He compelled my Parents along with his parents that he wanted divorce.he does not want to give me anything.Above all he was saying to everybody that i did marriage for the sake of his money.
As my parents are innoncent, we donot want to take any legal action. My Parents never took any wrong step against him. He took advantage of all these things.
In all this my sister in law's family (mainly her father in law) supported my in-laws to sell out their house property. they alaso insisted me to go back to my parents house for some time.
what should i do? MY HUSBAND CHEATED ME...I AM A VICTIM, PLEASE HELP, PLEASE PROVIDE ME JUSTICE:(, I am shattered:(
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Divorce or not??
husband wants divorce and thrown my friend out of the house. can court give him divorce even if the wife don't want divorce??