Sandeep Nair
18 December 2012 at 20:59
Let me start with you all. I’m recently married within 7-months of marriage, there were quarrels but it use to subside We did not investigate about her neither her parents/family, eventually one of her aunt stays at Hyderabad her daughter called my office spoke with my Manager like how I`m working, etc? Then we both used to talk over phone and finally married (hell).
One day she went to her native place without informing us and her aunt who stays near her place called us and told were is she, we told she deliberately left home that night at 10:45 pm my father received message from her “I`m going to my native place take care” after few days she along with her father and her aunt came to our place took transfer all her belongings and her gold ornaments, she did not inform us that she transferred her job. After 2.5 months she replied from her lawyer that we are demanding money, asking her for money, etc, and also to purchase flat if she is allowed to stay with us. After Marriage she used to speak over phone with someone when I asked her to whom you are talking she replied to her parents, one day I took the phone from her and she was speaking with some Boy .She said he is my office colleague and that Boy is asking me please take care of her she is good (who the hell is he?)
I started going to her email I was surprised that she used to chat with so many Boys with 5-6 months before marriage she says to one boy “why can`t you come to our house” and “my parents wants to see you and also her parents are interested in that boy” there were many chat`s which I’ve seen from her email, are these not proofs? Please explain
Now, she says she is mentally not well and she says to pay her one bedroom at her native place, 180 grams of Gold, her maintenance 15,000 INR or 10,000 INR.Truth is she already took our gold when she left our place.
Sir- I`ve taken loan for my marriage she and her parents knows this, however we do have her call details for her when she used to stay with us at that time we applied to Police to know whereabouts the telephone number as she used to receive late night (but she does not whether we applied to Police for her telephone numbers whereabouts). She also wrote email to my sister what she has done she is sorry for this and also to me saying she is sorry for her actions and her behavior towards me and my parents.
Now at this situation I`ve again taken loan as our lawyer was saying (is this is correct) so that my earnings will be under her expectations and moreover my father is retired and mother is house wife they both are dependent on me.However, she and her family members has registered a case towards me and my parents Domestic Violence Act. I’ve been to several websites which says if Wife is working she cannot demand money is this is true (how far this is true) and in what cases court will support us, because on the paper from which was replied from her lawyer it clearly says she is working . Does court needs evidence then in what grounds is my lawyer enough to support us and how does this divorce will work our here?
As far Interim- Maintenance is concerned I cannot pay her maintenance after deductions I need to take care of my mother as she is suffering from sugar and also my father retired without any income.
1) We do have her evidence in her writing and signed by her without any force from our-end she wrote email to my sister what she has done she is sorry for this and also to me saying she is sorry for her actions and her behavior towards me and my parents and from today you are free.
2) She used to receive midnight ph calls many times she used to speak with someone and other day she used to tell me/parents that she(I) is receiving ph calls late night, then we lodged a GD with police(without informing her), however Telephone Call list came after some months when she left from our place. Can this be proof saying that this girl is bad in her character?
3) We do have her recordings and when her parents came to our place saying she does not want to stay with me also her mother said the same in-front of everyone and this is been recorded. When She took her belongings this is been recorded also.
4) When we went to Court for our First Hearing she was coming towards me and about to hold my arms in the court. I was running literally I went away from her and when I spoke all these things to my lawyer he replied maybe they need to compromise if compromise I do not need that girl, can this be Mutual Divorce.
5) My Lawyer says as we`ve telephone call list and this is be approved from RTI, and he is planning to keep this case in Trial and it may prolong too, any suggestions please( as I `m not interested in Trial)
Please do answer me in points
Member (Account Deleted)
18 December 2012 at 20:07
Q)court has order maintenance in the domestic voilence case 2 month back but till date order has not been issued. i want to know should i give maintenance to my wife without reading order?my next hearing is on 7/1/13.secondly i belong to jammu and my wife belongs to punjab what is the best way of giving maintenance without personally visit at punjab every month?i want my wife should visit court twice/thrice to court to get money
shaik ahmed
18 December 2012 at 14:37
Inter-religion
Boy-Muslim
Girl was Hindu (converted is Islam before marriage)
We married on 12 jun 2012 as per Muslim rites ,registered with ap govt qazi and a.p state wakf board they issued marriage certificate (both are majors). as the parents of girl against the marriage: we decided to reveal about our marriage at a later stage to the parents . but they came to know and all family have shifted to their native place from their unknown place. After trying all ways. Filed habeas corpus in high court . my wife was produce by police with their family. But they girl denied that she got married. And stated in police statement and in court.that I have taken her sign on a blank paper and a photo in month of march for the per-pose of job in march (where as our married on 12 jun 2012). High court disposed say that as girl stated that she is staying with their parent willing. Habeas corpus don’t lie, and petitioner is at liberty to avail the remideies open to him under law.
Then filed suit for restitution of conjugal right in under section 7 of family court act r/w sec.26of c.p.c rule 1.
Prove of marriage:
Marriage certificate
Certificate of embracing of Islam
Marriage booklet
Copy of affidavits
Video and photos,
My question
1 . can she change statement that she got married want divorce now.( she denied in high court in habeas corpus case)?
2. can family court make me to give divisor to her( I don’t want give divisor )?
3. if she denied again that she married in court what would be consonances for her?
4.how long this case will run?
Lalit Kumar
18 December 2012 at 14:13
What the section is applicable for mutual Divorce? Or in which condition a husband can file the divorce case? Are below mention factors, enough to pursue the divorce case?
1. Wife separately living till to six months against husband,
2. Wife harassing for their wishes also filed the fake cases & took back as well as disloyally not cooperative nature.
Thanks for reply,
The marriage solemnized in February 2011, if both parties agree on mutual divorce after separate living period of six mothers we can file the request of decree or we can do via panchayatnama
AKULA RAJASEKHAR
18 December 2012 at 09:31
Dear Sir,
As per some of ur suggestions we sent legal notice to my wife and concern NGOs,regarding cheating and we asked my wife to join with me like that.,they received notice on 3rd November till now they are not responsed,so we are filed cheating case against my wife as well as concern NGOs.,
My qeustion is their any chances to apply divorce on this source?Plz advice me.,its already one half month over.,
Regards,
Rajasekhar
Rahul Sharma
17 December 2012 at 20:36
Can someone help me in knowing SBI Bank Account (Salary Account) of her, I have PAN detail.
Is there any way? may be somone working in SBI. Please help and guide.
Thanks and Regards.
Member (Account Deleted)
17 December 2012 at 20:01
Q)if i am not wrong supreme court has termed 498-A/domestic voilence case as legal terrorism then why our courts favour women?
Ramesh
17 December 2012 at 18:14
I got married on 10/12/2010 my wife stayed only five days with me after marriage after 2 years she kept false 498a case on me and my family members and ( I went to prison and I got bail and for family members got anticipatory bail ) Once the Investigating Officer submits the 498a charge sheet in the court of law so from how many days the court trial will starts and in this course of trial I can ask divorce from my wife and sir please give information how trial will go after submitting charge sheet and what is the right time for me to appoint an lawyer in my case.
Thanking you.
Perumal Prabhu
17 December 2012 at 17:09
Sir/Mam
Please clarify the relationship between Son and Divorced father. The brief facts of the case is submitted below
One of our employee X (Muslim) married a women Y (Muslim) and due to wedlock got one Son Z. Subsequently X divorced Y and Married another women A (Muslim) and due wedlock they got two daughters B & C. Y also got remarried to another person. Z was brought up by his maternal grandparents. The employee X expired recently and settlement were arranged in favour of A. Now Y is claiming compassionate ground appointment in our department.
In this regard opinion is solicited, whether Z is entitled for compassionate appointment? whether father and son relationship is subsisting?
Please clarify.
thanking you.
with regards
S.P. Prabhu
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Cell phone messages as whitness
dear sirs,
case is "CHRISTIAN MARRIAGE IN 2006, AFTER ONLY 6 DAYS WIFE WENT TO HER PARENTS HOME. HUSBAND TRIED MANY TIMES FOR MARITAL LIFE THROUGH CHURCH ELDERS. IN 2011 HE FILED DIVORCE PETITION IN DISTRICT COURT "
divorce case filed by husband in august 2011. petition filed by one advocate, and now dealing by another advocate. in petition, concerned 1st advocate has not entered the mobile phone messages from wife mobile to husband mobile as witness. now case is going in the court from 15 months. now 2nd advocate is telling that there is no chance to enter that messages as witness to court now. in those messages wife wanted divorce clearly. now my doubt ia 'is there any chance or how to produce those messages to COURT ?'