ksr prasad
28 June 2013 at 16:38
In addition to what I have presented earlier, I would like to write a few more facts to clairfy certain points raised by the learned lawyers:
1. The friend has retired from not exactly Govt service but it is a public sector where there is no provision for pension.
2. He has retired as a class III employee with no significant accumulation to his credit. He is educated up to 10th standard only.The total benefits he has received is Rs 7 lakhs.
3. The fact looks like that his wife deserted him the moment her son became employed and started earning better than his father. This also gives enough strength to anybody's guess that she did not live with him wholeheartedly all these years and she always had low opinion about her husband in terms of edu background and also earnings.
4. His son also has the same impression about his father and always looked him down.He also never favours his father. His son always wanted to take over the finance management of the family including the meagre earnings of his father.This was also obliged without any protest.
5. On enquiry, he came to know through some relative that mother & son are living together somewhere and the same relative refused to divulge their whereabouts. It he does , my friend will immediately go and meet them which they never want.
6. Even today he is prepared to accept his wife, son and invite them to start living with him forgetting the past.
6. It was clearly written in my earlier letter itself that he is suspecting that his wife could file a case for compensation. She is a house wife. He has no intentions to claim anything from his wife whether she is employed or not.
The facts being so, he has been advised by a local lawyer to advertise in newpaper citing 'missing wife', followed by a police complaint. Is it right ? Kindly clarify. He being innocent, ignorant should not land in any legal disputes given the situation as explained above. Pl clarify. Is it better to keep quiet ?
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My friend has retired from Govt service recently after seving for more than 30 years. He has received about 7 lakhs towards the terminal benefits. He has 2 children, a boy and a girl. About an year ago, his wife deserted him suddenly without any reason and started staying separately with her son( he is earning well) soon after their daughter's marriage. There is no reason why she left her husband without telling any reason. Since then , he has been calling relatives and friends to trace her. But her and his son's whereabouts are not known till date. Lately, he heard that she expressed to one of her cousins that she is not interested anymore to live with him. The fact is that he is a teetotaller and has no vices at all. There was never any kind of domestic violence or mental torture from his side. His only drawback is that he is not well off.
He is feeling very lonely and does not know what to do. Is there any possiblity that she can file a case demanding alimony or some kind of a compensation with an excuse that she has not been looked after for more than a year ? Under the given conditions what is he expected to do legally to prevent any untoward from the other side ? Pl clairfy.
Anusha
28 June 2013 at 14:52
I am living seperately from my husband and my son is living with me. What are the rights of my son from his fathers side regarding maintenance and property rights. He is 2 years old.
Anusha
28 June 2013 at 13:07
In case DV is not proved, will it be possible to get maintenance from my husband. I m staying with my parents and i have a son living with me.? Please help
syed faisal
28 June 2013 at 11:42
I have filed a RTI against my wife working place regarding to know she is working there, from Regd. post because she is living other state with 20/- cash (rti fee+xerox fee) and reply regd. letter with ticket but after 1 month there is no reply from their side.
so now what action can i take? Plz suggest?
Nishant
28 June 2013 at 03:43
I am married for more than 1 year.Immediately after marriage i.e. 4 days , my wife had a psychological fit in which she was not in her senses for almost 3 days.Her father took her away for treatment.Since I work out of my home town it was decided that for few months she will stay with my family and then I will take her with me outstation.After getting well she started living with my family.But her behavior towards my sisters and mother was not kind and normal.She used to stay alone in her room.She does not speak to anyone in family.Everyone including me is so frustrated with her behavior that I do not want to live with her.Her parents have also tried to make her understand but to no avail.She is not well educated hence I feel she cannot support me as a life partner.and now she does not want to study anymore.Pl advice can I get a divorce on the grounds of behavioral problems and difference in mind-sets or thinking level.
raahat
28 June 2013 at 03:43
Dear Experts
A settlement arives between the complainant and the accused with the following the terms.
1. Accused will pay Five lakhs in 5 instalments for A full and final settlement of entire claim of maintainance of minor children, complainant and entire claim of dowry articles.
2. On forth instalment complainant will withdraw her all pending executions.
3. On fifth instalment the complainant will withdraw her 125 crpc petition and sign a mutual divorce as per muslim law and co operate in quasing the FIR before High Court.
4.The accused shall not filed any case for the custody of children.
All the terms were fulfiled. but the complainant again asking the maintance of children as wel as her own and the residential premises for them.
I am absolutly in trauma what to do PLEASE GUIDE ME AND ADVISE ME THE RIGHT PATH.
rakesh
27 June 2013 at 18:25
What is the procedure to reopen the wifes cross in crpc 125 case ?
can I open after her's witness cross ?
jyotsna
27 June 2013 at 16:44
jyotsna
Dear Sir, I am married since 13 years and having a son of 12 years. Since my husband did not cared me and child and passionate towards other people I anyhow spent these 12 years quarrel some and now since march 2013 i am living separte from my owned house at my parents house. My son who is with me insist me not to go to that home again and do not take any action against husband and his relatives who made my life hell. I have two house one is wholly in my name and my husband is running his office from there and another was where i was staying with my son. Now i left all my belongings there except some clothes of mine and son. I feel awkard and bad to go there as it was quite often and some days before i left, i called 100 number where police took one note of compromise that we are husband wife and were quarelling some little reason so we will keep well. Now the issue is i left my house and his relatives like mother as his father is no more now, and brothers, who used to visit us quite often never called me once. Prior some 2 years, my husband hit me and injured my eyes then his relatives came to me and said that he is your husband and i have to be quite to tolerate everything. He is irresponsible and his relatives also. In these 12 years he did lot of misries with me. Since birth of my child i am keeping care of everybody in the house and he was careless. He is drunkered. After 12 years of marriage he said that he did not liked me in front of so many people. His relatives are orthodox and befooling me and him since marriage. My husband is having property at Dehradun and Hardwar also which his other brothers have occupied and are enjoying farming,etc. My mother in law, did not give us any share of house which build by my father in law. All are fully enjoying the proerty and every right there in that family except me and my son even on our own property. My husband are five brother one of which is died and out of four two are remarried and one who is died his widow and one son is seperate staying at some other place as she been charged by husband family that she is characterless. The eldest one wife did suicide by burnt to death. I am afriaid this is my turn now. I do not want to give him any divorce. I am out of house due to his aggresive behaviour which could lead us to do crime and our life can become hell. So to avoid such situation i am out. Now my mother in law is visiting my house quite frequent but did not call me or come to me to take me back, and his relative did call a single. Which says their intentions clear. In this situation what should I do. Please suggest. I am very much disappointed. What are my rights and what should I do to make my position strong.
Rajan
27 June 2013 at 10:51
We are separated since 3 years. I have not filed any case yet on her. She has filed crpc 125 case on me after 1.5 yrs of separation and asked 15k per month or 10 lakh 1 time.
Her Cross details:-
1. She has agreed that she is BE Computer engineer.
2. She was doing job before marriage
3. Not doing job after marriage
4. Not willing to do job now
She left her job just for filing 125 case.
I wish to know can I reopen the cross of my estrange wife after submission. I have to ask her few more questions to prove my innocence.
Queries :-
1. Can I reopen the cross? & How ?
2. Can I file divorce case after 3 yrs of separation ?
Thanks in advanced Sirs
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Domestic violence
What evidences are required to prove DV. In case nothing exists as a proof then what happens. i have only one medical report to prove physical violence and some abusive messages to show against verbal abuse etc.... will they be enough.?