rahul
22 December 2012 at 04:16
i m 39 yrs old married for last 12 years. My wife has very dominant and agressive in nature, she picksup fight with me on small issues sometimes i ignore and some times they turn ugly. we were childless couple for 11 years. now after great struggle we have been blessed with a baby boy who is 10 months now. Because of her agressive nature i agree to most of her things and remain low profile to maintain peace and harmony in our life but i still love her from bottom of my heart. But offlate i m finding her very different person she is only worried about her parents sibblings and our son. she hates my parents for some arguements that had happened in past. she is software engineer and earns Rs 90000 per month and my salary is only 50,000 per month. This changed in her attitude is worring me and i m worried about our relation. she picks up fight for no reason and says that she does not want to stay with me anymore. 2 days back also she had similar fight with my mom who had come to help us from native and staying with us past 3 months then she left the house with my loving 10 months old son and her packed bags. we tried to stop her but she said she is calling police if we stop her and started shouting for help at doors. i m searching her for 2 days and nights, her 27 yrs old brother who was also staying with us past 2 years has also not come home since that day and they both are not taking my several calls made to them and have switched off their cell phones. her brother (who has not maintained good relation with me) just send sms saying that she is at her friends house. I called couple of her friends but none of them are aware. Every time we have fight she runs away from home but i somehow get in touch with her and bring her back before evening. but this is first time that 2 nights have past. when i called her parents they are putting all blame on me and my mother.
I m very much worried if my wife is planning some legal things to get rid of me as she is secured with much better job which she doesnt want to leave at any cost. I dont want to get seperated as i always love my wife and son without them my life is meaningless. Please advice what are the options left infront of me to prevent her from doing this and what shall i do if she realy does this. Her parents are only supporting her even if she is wrong so i dont expect anything from them.
T.R. Ganesan
21 December 2012 at 22:21
In one of the Matrimonial matters the Petitioner had submitted an application for a directions to Respondent to produce certain documents and the Court after hearing the parties directed the Respondent to produce the documents but imposing a penalty on Petitioner to pay Rs. 2000/= for asking the production of documents at a very late stage. However, on the date of receipt of the copy of certified copy of the order, the Pensioner's Advocate declared to the Court that the Respondent Witness was under cross examination is over. The Advocate on record also withdrawn his appearance and given his NOC for appointment of another Advocate, who wanted to make an application for recalling the Witness the Respondent for further Cross Examination. Can this be permissible under the law and if so under which provisions of law the Court can allow the re-cross examination of discharged witness. Experts opinion is respectfully solicited
T.R. Ganesan
21 December 2012 at 22:17
In one of the Matrimonial matters the Petitioner had submitted an application for a directions to Respondent to produce certain documents and the Court after hearing the parties directed the Respondent to produce the documents but imposing a penalty on Petitioner to pay Rs. 2000/= for asking the production of documents at a very late stage. However, on the date of receipt of the copy of certified copy of the order, the Pensioner's Advocate declared to the Court that the Respondent Witness was under cross examination is over. The Advocate on record also withdrawn his appearance and given his NOC for appointment of another Advocate, who wanted to make an application for recalling the Witness the Respondent for further Cross Examination. Can this be permissible under the law and if so under which provisions of law the Court can allow the re-cross examination of discharged witness. Experts opinion is respectfully solicited
Rajesh Tandon
21 December 2012 at 20:45
1. This is a query related to earlier query of children born out of void marriages pertaining to a case of Deceased Ex-Servicemen (ESM)which was beautifully answered by Mr Tajobsindia. The need for reopening the case further for additional querries is the latest developments.
2. A small brief to Recapitulate -The deceased ESM has one Daughter A, who is currently unemployed and unmarried from divorce mother i.e from first marriage of her father entitled for share of pension along with Wife B(second wife after divorce) as per the clause of division of pension under pension regulations. Incidentally Wife B(second wife after divorce) does not have any children. The details of the record of children from the first wife and name of second wife B are duly entered in the record of ESM held with Army authorities. As far as the matter of division of pension between Daughter A and Wife B is concerned, it is almost a clear situation. However, what is not clear is the latest development, which is that a third claimant for the pension i.e a daughter from third lady Daughter C has suddenly appeared in front of Army authorities. Based on the claim from the third-party, authorities in Army Headquarter have decided to distribute pension between three parties. It has been learnt during the interaction with Daughter A that Daughter C is from a Maid servant D who used to work for her father.
3. Latest developments- The woman i.e Maid servant D has submitted the following documents to Army headquarter:-
a) marriage certificate,
b) the affidavit given by ESM while he was in hospital,
c) affidavit signed by her that she i.e woman D is the wife of the ESM requesting for pension for the daughter
d) birth certificate of the daughter C issued by Nagar Nigam
e) Joint Account of ESM with Maid servant D and the daughter C
4.Now all these documents are with the Army Headquarter. The daughter A is filing RTI to get the copies of these documents to check their authenticity.However as per Army Headquarter, the subject marriage of Maid servant D with ESM is not valid since the second wife i.e Wife B is still alive. Also, the Army authorities are not aware as to if Maid servant D has filed any civil suit or petition to establish the claims regarding her marriage-valid or invalid in the eyes of the law.
5. Additional querries-These are as under:-
a) Query Number 1- in previous discussion, Mr Tajobsindia had clarified that If a child’s mother has not made any claims regarding her marriage — valid or invalid in the eye of law — no provision of Hindu Marriage Act or Succession Act shall apply and the child will be left with no remedy under the law over his father’s properties which also includes share in Pension of deceased Army man. Since, it is not known till now whether or not Maid servant D has filed any civil suit or petition to establish the claims regarding her marriage-valid or invalid in the eyes of the law so does the marriage certificate submitted by her holds good to establish her claim of marriage with the ESM?(Especially when she has married as per marriage certificate in the lifetime of wife B). Though the authenticity of the marriage certificate as to whether driven by the registrar of marriage is yet to be checked and it can only be checked once the authenticated copies of the same are received under RTI by daughter A.
b) Query Number 2-what is the authenticity of affidavit of marriage given in case marriage of a person with another person itself is doubtful?
c) Query Number 3-under what conditions an affidavit can be given by a person in hospital? What is the procedure for the same ?Isn't the mental state of a person important at the time of giving the affidavit?
d) Query Number 4- Is just an affidavit given by Maid servant D alone by herself claiming to be wife of ESM and thereby requesting for pension for her daughter holds good?
e) Query Number 5-As far as birth certificate is concerned, it does not prove marriage. Birth can be attributed to illicit relationship. This aspect was upheld in criminal appeal No 268 of 1996 dated 22/02/2007 in the Bombay High Court(file number-17495) in the case of Snehlata Kailash Ingale & Ors Vs kailash Rajaramji Ingale. It was also brought out that the evidence does not dispose that essential ceremonies for marriage which have been held to be mandatory to prove the offence of bigamy were performed. Further reliance was placed on the decision of Orissa High Court in Smt . Dhara Dei v. Prafulla 1984(2) Crimes397 to hold that birth certificate of a person does not prove marriage between the persons named as father and mother in birth certificate and birth could be attributed to illicit relationship between persons named in the birth certificate. Therefore the query is that even if based on the document submitted by maid servant D ,prima facie it appears to be a case of Bigamy, but what is the procedure to ascertain/ rule out that daughter C is actually born out of the wedlock between the ESM and maid servant D not out of illicit relationship? Is it is not necessary that the same fact to be established by due process of law i.e by the judicial proceedings rather than accepting the the birth of the child i.e daughterC from the wedlock between ESM and maid servant D based on the birth certificate only?
sunita
21 December 2012 at 20:21
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Member (Account Deleted)
21 December 2012 at 20:16
"Z" has got some properties in 1953 by the death of his father. and he has a second wife (married her after the death of first wife), a daughter born prior to 1956 from the first wife , a son and three daughters from the second wife.
in 1998 he made an unregistered partition between only with him and his wife and son, stating that he is suffering from his old age so he cannot maintain the whole property so he is dividing the property with them.
after that unregistered partition in records of the said properties the name of the son is entered as owner of the property in 1998.
later in 1999 "Z" was died.
now in 2012 the daughter born to first wife of "Z" has filed a suit for partition against her brother stating that the unregistered partition was made without her consent and it is not binding on her.
now her brother the son of "Z" taken the defense that "Z" has got property as a single heir to his father by the death of his father prior to the commencement of HSAct 1956 so "Z" was the absolute owner of the said property and the unregistered partition between "Z" and him has to be considered as the testamentary disposition of the property to him by his father "Z".
my question is, whether the unregistered partition can be considered as testamentary disposition of the said property?
whether the daughter is eligible to claim any share from the property of her brother which has given to him by his father?
if she is eligible to get share, what is the ratio of her share?
Ramesh
21 December 2012 at 17:39
Sir, iam from Hyderabad and un employed person how much amount of permanent one time alimony will be in case i want to take contested divorce from my wife and moreover she stayed only five days after marriage and after 2 years she kept false 498a case on me and on my family and i came on bail and family members got anticipatory bail and till now I/O had not submitted charge sheet.
Thanking you sir.
Rahul Sharma
21 December 2012 at 16:18
Marriage lasted for 4 months, wife left matrimonial home after that and till today i.e after almost one and a half year not interested to join nor allowed husband to consummate the marriage during her 4 month of stay (giving excuses every time)
Husband files RCR with the intentions of saving the marriage after waiting for 8 months and after all requests.
Then Withdrawn RCR after 1 year of useless battle seeing no fruitful outcome and see their unreasonable monetary demands...in RCR petition and WS both agreed that marriage was not consummated but blamed each other and she mentioned that he unwillingness to join matrimonial home.
Now after a separation of 1.8 Months, she has filled Complaint in women cell Delhi. They have issued a notice to me and my parents for present to their office next week.
This is the very first complaint or case from her side against me and my family.
PS: All mediations and talk have already been failed.
Can I go for Anticipatory bail on the basis of Notice served?
What is the procedure and percentage to get AB
What would be court fees for AB in Delhi per person (excluding lawyer fees?)
R.Ramesh
21 December 2012 at 15:22
Sir, 1.If file case for divorce on grounds of desertion and cruelty so how much time it takes to get Divorce for me
2. At the time of marriage they had given me some cash gift, some gold gift and two wheeler and even we gifted gold and valuable saree to her and we performed evening reception very grandly with high expenses.
3.So, when matter comes for permanent alimony if I say iam unemployed and I am the elder son in my family and I should do my sister and brother marriage and more over She stayed only five days with me and kept false 498a case on me and on my family members so I can able to pay only what they have gifted to me by deducting what we have given to her so in this way is it possible or court accepts me to pay permanent alimony to her like this ( or) Court will fix to permanent alimony to her and how approximately the court will fix permanent alimony.So, please kindly give valuable information on this.
Thanking you sir.
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Stay on intrim order passed by sessioncourt kalyan
The following order was passed by session court kalyan -
"The father is allowed to meet both the children on 2nd and 4th sunday and on birthdays of both children as per the timing and place decided by both the parties and advocates of both the parties. Both the advocates are required to be present during the meeting time and it has to be put on advocates record "
as this order has not mentioned any time/place and also has made compulsory for advocates to be present it cannot be carried out.
I want to change/stay on this order,as it not possible for both the advocates to be present during the meeting time and both the parties stay 40km away from each other and no settlement could be made on this.
Kindly let me know where should i file for the revision of order. before the same judge or i have to apply before the high court for the same.
This order was given in Session Court - Kalyan by jt dist judge
Please help me