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Member (Account Deleted)   22 April 2013 at 17:56

Child custody and divroce

Dear Experts,

my wife family cheated with HIV including her. this cheating blowup after 2 years,

luckily me and my 16 months kid are not infected.

my child custody case also running in court last 9 months, they are not turning to court from last 8 hearings, their lawyer managing.

Not understanding why judge is taking such long time to give a result, my kid is in absolutely in risk. can you please let me know any quicker way.

my divorce case in court. my wife is not coming to court last 8 hearings, their lawyer is try to lag with stories.

how can i close this divorce case asap. because my parents wants to me remarry asap.



K.padma   22 April 2013 at 11:56

Partition of property

respected sir,

my father and myself only earn the whole property.i am not educated because of financial problems,my brother is educated.all properties are named with my father only.
my father died in 2002 with will.we are 2 brothers and 2 sisters.i am elder brother in will myself and my brother having rights to share the property equally but my mother is only guardian for property ,she don't have to right to sale or gift the property to others my sisters get married and have no rights on property .these all mention in my father's will.but my mother and brother did not agree to share the property till now.i want to send notices to my mother and my brother to partition of property. so ,pls give me some advice about this problem. in which formate the notice will send to my mother and my brother through advocate.

ragz hyder   22 April 2013 at 11:12

Advice pleaase

Thank you for reading my query. I got married a year ago. Things have been extremely erratic, abnormal, psychiatric mental disorderly kind of conduct from the girl. Net is that less than a month of marriage she left my parents house after abusing my family on the streets. We did not do anything wrong at all swear. I have a bunch of emails as well.
We have been sitting tight for a year now with me an NRI being visited by my parents.
We tried to convince as much as possible for MCD and even suggested we will give compensation (we did not take any dowry)
Now they are coming back askin 1 Crore, sent me emails threatening 498A.

Should I file case first? Some are saying this will backfire...but given its all a psychological game and that they are openly threatening in emails calls etc should I go ahead and file. Others say..its threats let them take first step.(from lawyer no FIR so far apparently) Guy can only defend. If you file now they might take even your filing as harassment(we already gave legal notice and I have categorically told them this marriage is impossible to work out).

Please advise.Should I file or sit tight?

siranjeet   22 April 2013 at 06:46

Voice recording recognition

my friend had submitted memory card having conversation with his wife in court but his wife had denied her voice in her cross exam. but as held in apex court decision RAM SINGH VS COL RAM SINGH 1986 AIR SC 3 " The voice of speakers must be identified by maker of recording" if my friend recognise and identify his voice and his wife's voice in court during his chief exam.
now my question is
even then there is need of voice identification from forensic lab or voice identified by maker(my friend) of recording is sufficient
Experts please give your valuable opinion
thanks in advance

somesh   22 April 2013 at 00:17

Laws for harassed husbands

I am new to this site and observed that approx 75% of the queries are related to the harassed husbands.

Is there any law initiated to curb those wife's intentionally ruling there husbands & in laws with the weapon of laws provided to protect themselves.

Why the innocent husbands are so helpless that they cant even stand or protect themselves from these absurd laws.

Like others even i am the victim of my wife (not gone legal yet) but they are planning to do so. what are the precaution should one take?

She is away at her parents since 8 months and stopped talking to me for last 1 month. we went twice to get her back but in vain, we are unable to understand what went wrong that she is denying to come back without giving any solid reason. many of ours even her relatives asked her to go back to your matrimony house.

(note: in her parental house her mother is the king, she had parted her husband from his relatives. now nobody from there relatives interfere in their household matters, due to this situation we are unable to take any help from their relatives)

she is asking me to leave my parents and stay with her at a place neighboring to her parental house, i asked her to give me a solid reason or atleast convince me that why should i leave my parents and stay with her though as per tradition and culture girl should stay with her husband where he is staying.

we have our own house and a family of just 4 members then to she is not comfortable. we have never asked her to work as we have servant working, we have given her all the freedoms and lavish life just relax and enjoy.

i have never asked about her past life, i even ignored some of her male friends texting her very frequently through which i can prove that she was having bad company earlier.

I love her and want her back and stay with my family

please advice what should i do with this crackpot?.

498 Exploited   21 April 2013 at 20:11

Wife harrasing

My wife made a false complaints of domestic violence and now it was taken back by her saying that it was made by some misunderstandings. now again sometimes she threats me to do it again if i do not go according to her. because of this i am forcefully compelled to go according to her at every stage. now i am not willing to make any sexual relation with her. my question is
Can she force me to make sexual relation legally?

Anonymous   21 April 2013 at 20:02

Sec 30 hm act

Sir,
Petition u/s 13 for divorce is filed by the husband against wife on cruelty grounds who is living separately with her child of 2 yrs for more than six months.the wife is earning and she also don't wants divorce but don't want to live with parents of the husband,who used to harrase her,but the husband is not ready to leave his parents .the court has tried for reconciliation but not succeeded .
The wife is earning should she file the petition u/s 30.

RAKHI BUDHIRAJA ADVOCATE   21 April 2013 at 18:33

After 17 years of divorce, can a wife claim maintenance

Dear All,
Husband got an exparte divorce. After completion of appeal period, he got remarried. The ex-wife filed an application against the said order. The matter was settled as the husband had already performed second marriage and as per the said settlement the agreed to get Rs. 95, 000/- as one time lump sum amount as her alimony past, present and future. After 17 years, now she had again filed the petition fir claiming maintenance. The husband has his family and as per settlement he doesn't want to pay to his ex wife but the court is adamant to let him pay. The main thing is that the settlement had arrived in the family court in one state and now the petition for maintenance has been filed in the family court of separate state. Pls give me the latest judgement on this point in favour of the husband as soon s possible.
Thanks in advance.

Member (Account Deleted)   21 April 2013 at 16:35

Guidance

good day to all of u,

we have recording of conversation of both

1] with my daughter-in-law saying she is willing to come provided her parent give permission.

& after gap of say nine [9] months [in these period, we don't hv any touch/contact with my daughter-in-law bcoz of she is under their [her parent's] watch.

2] with in-laws of my son saying she [my daughter-in-law] wants divorce.

like to know, may i put two [2] recordings before court to decide from whom we are a victims of mental cruelty ?

regards.

grish

sasha   21 April 2013 at 09:34

Maintenance

My husband left the house in 2010 aug . In nov 2010 I had started the case of 125 crpc. July 6 th my maintenance was granted .it was 30,000 for me nd both my children.my husband is captain in merchant navy .but at present he is not going on job.
He had given me maintenance of 8 months and fees of lawyer that was 2 lakh 48 thousand . Now my maintenance of 20 months is pending . 5 warrants had been issued against him . Then they gave me a forged check nd warrants were cancelled. Now they r not receiving notices n summons of the court.
All properties he has alienates from his name .there is nothing on his name . An FIR had been lodged against him nd his mother for dowry nd chalaan has been put in court in different city where I got married.
I hav no idea wat to do.whenever he was giving me money thru check it was from his mothers count pertaining her signature. I hav two children whom I am raising .my qus r
Is there no alternative I can take my maintenance?
Can I tell the judge where chalaan has been presented for maintenance?
How can I impound his passport?