Law Querier
22 March 2013 at 09:48
Wife (applicant) from Canada filed a divorce petition u/s. 13 (i) (1a) in family court by made POA (power of attorney) to her father in India. Husband (Opponent) does not want divorce. Wife had filed divorce petition before one year of marriage and she had made invalid POA. The POA was notarized by public notary of Canada instead of countersigned by Indian High commission/Consulate of Canada. Husband had mentioned these three points in his reply. 1). Divorce petition should not file before completion of one year of marriage u/s. 14 of HMA and 2). The power of attorney is not valid u/s 3 of the Diplomatic and Consular Officer’s act. 3). Wife be called to present in court to attend the divorce case. In each court date, wife’s father is presenting in Indian court. He put evidence against Husband and also appeared in cross examination. Now, Husband has also put evidence and on next day he will be present in his cross examination. My questions are 1) If divorce petition is applied before one year of marriage and opponent already mentioned in his reply than how can court keep continue the case? 2). There was already mentioned in opponent’s reply paper that the power of attorney is not maintained/ non valid according to law. Then, how can court granted to appear applicant’s father in court? 3).Can’t court order to present applicant instead of POA holder in court? I have asked these questions to my lawyer also. But, he replied that these is court proceeding. I want to know that is my lawyer’s telling is true? If it is not true than what can I do? Please. Thanks to read my query.
Kumarsirik
22 March 2013 at 00:46
I am tormented by my wife ever since we got married in 2008. Due to which we are not having any conjugal pleasures.
We were having trouble conceiving and then I underwent tests to find that I had a varicocele. This problem got resolved through medical treatment.In 2010 I have tested to be fertile.
Since we are not having any intercourse regularly due to quarrels we remain childless.
She has ensured that my parents are isolated. She spread rumors about me and my family with my kith and kin. She keeps harassing the maid servants. She keeps hitting me below the belt always on petty matters which I cannot prove. I kept telling her that due to her behavior I am not having any interest in sexual intercourse.
I took her to a counselor and the psychologist says that she is a classic case of Boderline personality disorder who can prove dangerous any moment. My standpoint is that I will be able to be sexually active if she treats me and my family well.
For last 6 months she stopped cooking or taking care of any basic need that I have. I give her 15 thousand every month and also 2500 in sodexo passes for her personal expenses and household expenses which I stopped 2 months after she stopped taking care of cooking and basic housewife responsibilities. She keeps uttering that I have relationship with my sister-in-law (my younger brother's wife).
At one point of time she slapped me, picking up a petty quarrel, while I was in a hurry to catch a flight. I also slapped back in reaction to the what she did. When I reached my destination she called me and informed that she was profusely bleeding from her ear (which seemed unlikely as I did not hit her hard). I called her brother and then requested he reach my home and counsel her. He, being an advocate, seemed to have made some medical evidences of that incidents and requested his sister to file a case of DV and my wife pardoned me by not doing so. All this my wife narrated to me. I was concerned and went to her home to explain that our relationship is strained and she must behave properly.
They questioned me why I had to slap my wife. I told them that she hit me hard on my neck and in a reflux I slapped her. The advocate brother asked me if I have any evidence that she slapped. At that moment I believed that they are scheming to convert these incidents to prove me criminal. Such is the torture meted to me.
Unable to make a balance and harmony at home, missing my parents, I resigned informing my boss that I am indisposed due to several disturbances on personal front. They did not let me go, but, assured me help needed and gave me a 3 month sabbatical from work and I shall return to work when I feel mentally fit.
She says, now, that she wants a legal separation as I am not fulfilling her carnal pleasures or taking care of procreation nor giving her money, I am taking care of household expenses, though.
I asked her what she expects from separation. She says let judiciary decide. This is when I felt that she has enough ammunition to bulldoze my finances and assets.
Now my condition is that I have 4 lakhs in bank account, 2 lakhs worth of land in my name, 2.5 lakhs worth mutual funds and earn close to 1.5 P.M
There are 10 flats in my mother's name inherited from her parents (my maternal grand parents).
There is a property of 4.7 acres in our village which will be inherited by my father, his brother and my brother along with me. Which means my share would be a little around an acre. Fortunately, the land is in dispute and none of us can claim until the dispute is resolved.
I will be all the more interested to let her go and ready to shell reasonable maintenance.
My concern is given the above numbers what is the worst that can befall in terms of the amount of alimony I have to pay her if I go for legal intervention, on mutual consent basis? I am ok if a part of my earning is paid towards maintenance. I am ok to partake half my share of land that I have inherited.
We, as a family, would be shattered if she lays a claim on a share of the 10 flats in my mother's name or demands alimony more than my earnings and assets.
By the way, she is a PHd and she herself earns 35K p.m and has amassed 4 lakhs in her bank balance. She has fair amount of jewelry given my mother as well as her own purchases.
Till date, she never used money from her earnings to meet household expenses.
Another option I have is that without taking legal recourse we can continue to stay as strangers while I visit my parents once in a while. I do not know what would be her game plan. Can any one help me by educating me what position or action I should be taking to mitigate the problem?. The biggest strength she has is that she is a wonderful manipulator.
Even now, I am eager to embrace her with warmth is she stops talking nonsense and destabilizing the family. My parents are around 70 and a benevolent lot and they have hardly stayed with us in the last 5 years due to her ill treatment.
Bhupendra Singh
21 March 2013 at 21:52
Hello Experts,
Mine is a little lenghty matter.The case is like
My sister got married to her husband on 10 may 2010.Before marraige both them were enjoying good chat over phone,we still have sms of there communication.
Just 8 days before marraige they started demanding more money and gold, and gave us threat that they will annul the engagement.
Her husband was real culprit of the issue.I still have The SMS which he had sent me on phone demanding extra 3 lacks rupees for gold and bike.
After getting this SMS I asked my father to visit their place and My father went there and gave them Money which they demanded for Bike.
Next day Purchased gold for him which he had demanded. I had copy of transaction and Photograph of weeding ceremony where i am giving him the demanded gold.
After marraige life of my sister became hell. Inlaws started demanding more money.
This happened in absence of her husband as he is posted in other state, but he ia aware of the fact.Marriage is not yet consummated.My father went to them and again gave them Rs 25000, infront of her husband as he was present there that time.
Now all these drama was continued for 1 year.Her husband never took her to his place. He was always ignoring her right from wedding night.No phone calls and no communication through SMS.
I took her to his place with my mother.My Mother asked him several question regarding
consummation of marriage, that time he told that soon we are going to some exotic location.There she stayed for almost month alongwith mother and nothing happened there.
He came to my place alongwith my mother and sister as thet were supposed to go for outing.Next day he turned up and said that he has leave because of some urgent training call.
After a month he again started avoiding her.After my intervention and his officers intervention he came and took her with him.Now its almost 2 month and still we are waiting for Consummation of marriage.
several times my sister tried to get in to matter but now he is saying everything will happen according to his wish and may takes even a month,year and so on.
Now my query is
How should we handle this.
WHAT TYPE OF CASE WE SHOULD FILE. DOWRY/DV OR BOTH.
where we can file DV Case at our place or his place or in laws place as she has been harassed there as well.What will,be the area of Juridiction.
We have proofs like SMS,PHOTOGRAPHS AND VIDEOGRAPHY. Will court consider all these proofs.
How we can recover the stidhan and our Money from them.
Our objective is to settle her and if not possible then a hard punishment to them.
Pls help me on the matter.
Waiting fro experts Opinion.
Thanks
Tipsy
21 March 2013 at 20:16
I have lost my husband CD,and have one married daughter EF and married four sons GH , HI , KL and MN who will be entitled to succeed to my properties under law in the normal course. But my daughter is married and they are living separately with their husbands. They have been properly and well provided for during their marriage. They are therefore not given any share in my properties under this will, what is normal ratio given to daughter and 4 sons in a will ?
JASWANT VIJAY AGNIHOTRI
21 March 2013 at 18:20
Iam a central govt employee,married on 14 july 2010 and marriage ceremony held on 14 may 2011,she did not came after june 2012, (we stayed toghether only 05-07 months)then threaten to false case so divorce filled by me on mental and physical cruelty and adultry on 25 sept 2012. first hearing on nov she came with hma 24 and 26 and refused to join in front of court.
one baby girl born on 20 feb 2013, i met them in hospital but wife refused to join.she only want money and stay with her boy friend.
she is being fuelled by her mother, she is bad mother-in-law.
till today i dont know the name of my baby also.
03 dates gone and next is on april 11,2013. how to proceed fast as i don't want her back now, not baby also, she will never understand.
she is not ready to divorce also.
what to rply. please advice.
Member (Account Deleted)
21 March 2013 at 17:33
Mujhe mera pati different-2 numbers sai call kar raha hai kuch mai std code bhai hai. Kiya mai court mai dhamki denai ke upper case kar sakti hu. Yeh numbers kis ke naam sai hai kaise maloom par sakta hai?
Member (Account Deleted)
21 March 2013 at 15:32
Mujhe apnai husband ki last 5 saal ki salary pata karni hai. Woh maintenance case mai jhooti salary dikha rahai hai.
Last year mai usnai koi income tax nahi diya hia. Mai uske 5 saal ka bank statements aur 5 saal ka income tax return dakhna chahati hu. Yeh mai court ke dwara kaise lai sakti hu. Mujhe apnai pati ka bank a/c number aur pan number maloom nahi hai.
Amit Minocha
20 March 2013 at 19:28
can any lady claim alimony u/s 25 HMA after decree of divorce by mutual consent is passed on second motion?
In one of the matters after 2 months of divorce by mutual consent, the girl has filed an application before the Family Courts seeking payment of alimony.
Sarab
20 March 2013 at 14:45
Hi Sir,
My wife has filed a maintenance case against me for maintenance and getting right to stay in matrimonial home as i do not hav any other home.
As she is already working and earning about 45000 do i have to pay maintenance. Can we ask her not to come to our home as she can harass me and my family members.
Kindly advise.
Regards,
Sarab
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Ground for divorce
Dear Senior and Freinds,
kindly suggest that, husbnad want to file divorce and child custody on following ground as wife done with husbnad :
1. Wife attemted to fire the house at the mid night but husbnad saved after a lot of request to her. please note that all talking is recorded in mobile by husband
2. Wife arranged antisocial person to extort money and to beat husbnad. husbnad has sufficient evidence about it
3. Wife abused husbnad and all the members.
another activities also done by wife in several time.
please suggest that diovorce can be given by court or for what time will be taken by court. as wife already filed very cleaverly 498a and another case very to extort money from husbnad.
kindly suggest that, recording in mobile by the husbnad will be accepted by court.
kindly sahre your expert view.