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deepa   25 March 2010 at 17:03

divorce or live with him


sir,
i am married to a person who does not want a family. we are married from 4 yrs. he is a drunkard and friendoholic. my parents are from middle class family they sold our house for the sake of my marriage. at the time of marriage my in laws said my husband was earning 15 thousand rupees. But after marriage i came to know that he has no earning and has extra qualifications like friends and alcohol etc. during marriage my parents gave 150 grams of gold a new tvs star city bike suit rs 50000 in cash and grand marriage. from the beggining he was torturing me mentally. he used to drink come late in the night and hold my feet and ask for sorry. next day do the same thing i was fed up and started shouting on him to change himself but in vain his mother and sister always support him. meanwhile we had a kid now she is 1 and half yr old girl. all these days i suffered the pain alone and torture meted out to me. Evan after the child is born he has not changed. when i ask his so called relatives every body says he was brought up very childishly he will change or u just adjust. Sir my mother in law is working and
she is only taking care of us that is the problem she wants all of us in her grip. she wont allow her children to earn or develop. recently i came to know of an issue. my husband used to speak to a girl who was his class mate long back, they speak to each other send messages and then delete them so i wont come to know. sir my husband wont sit and talk to me as wife even for 5 minutes how can he do this to me. he has sent i love u message to her recently. when i told my parents they came to solve it mutually, but he denies doing any thing and my in laws also support him. i have asked all his relatives about this but in vain they say again adjust come back and stay together. even if he wont talk just adjust. sir i am fed up because i am staying in my parents house. my brother be graduate has been selected for job in a company and will join from april 1 2010. i do not want to make him also tense while entering into the new world of career. also i cannot adjust with him like that only. either he has to change or make a separate house so that he gets a responsible sense. i am con fused sir. I want to know whether what kind of help will i get from my husband in case i divorce him or is there any other way i can deal with it. like domestic violence act etc. what is the procedure and what possibility of together ness sir because even if he does not like to live with me i am an indian girl who can love a person only once in alifetime and that too only her husband. what is ur good advice sir i am too stressed out with this problem and feel very tired because i still feed my daughter. please give me a correct direction sir.and also one important thing is all the property is in my mother in laws name only a shopping complex with 8 shops is in my father in laws name. my mother in law is the sole head of the family and my husband has a sister and one brother. kindly advice

Mrs. Varsha Deshpande   25 March 2010 at 16:42

qualification for naotary

Hi, I want to be a notary ,therefore I require guidlines for it please give me

Anonymous   25 March 2010 at 16:13

judgement on merits or on wish?

Hello,

In the same forum I read that court can not bind husband and wife together if one of them does not wish to live together. My question is then what is the use of available grounds for divorce and why one has to prove the mentioned ground to obtain the divorce if it was so simple ??
What if the trial court gives the judgement of divorce to husband though he has not proved the mentioned ground successfully but only shown his strong wish for divorce, can one go to upper court? What type of application is required ? Appeal or revision? Is the appeal in high court possible if the trial court gives such a judgement ?

Anonymous   25 March 2010 at 16:05

Need Procedural aspect clarification in Divorce Suit?

Case Details:I had Filed a Divorce Suit after 6.5Years of Desertion and as reply Respondent (Lady) Filed Affidavit for Maintenance u/s 24 HMA, I also have two Children who are 8yrs (Son) and 6yrs (Daughter) Respectively.

My Quest:If I want to file for a Permanent Custody of my Children u/s 6 of Hindu minority and Guardianship act ,can it be done by filing an affidavit to Main the Divorce suit or a separate Suit needs to be instituted ,I am not interested in Interim Custody u/s Section 26 of HMA?

I am representing my own case no Lawyer?

Anonymous   25 March 2010 at 15:51

13(4) of sarfaesi act

Ours is a export company(since closed)and was having a turn over of 10 crores or so per annum.Due to meltdown in USA,we did not get payments worth 5 cr and rest money went down the drain as fabricators also kept with them the raw materials.Our a/c was declared NPA with Rs 902 lac as principal and Rs 82 lacas penal interest as on 31/3/08.We had pledged two properties against this loan.
On our request an OTS was agreed for Rs943lacs on 26th june 2008 and by 23rd july a sum of Rs 583 lacs were deposited by way of disposing the factory.We were ready to pay balance by disposing of the second property(pledged with bank)but bank imposed another condition that a case filed by one of our suppliers against bank and us be quashed or withdrawn.or we pay Rs 48.69lacs to bank as security as the sum demanded /claimed by our suppliers,we have allegdly cheated them.
To show our bona fide we deposited Rs 25 lacs with the bank and asked for six months to get the case quashed.
We went to J & K High Court which was pleased to quash the case against us and as bank did not file quashing of criminal proceedings,the case against them was not quashed then.Now they have filed the quashing.
In the meantime the bank approached the district Megistrate under 13(4)of sarfaesi act for taking over our remaining residential property pldged with bank and now from remaining Rs335.10lacs the demand of bank has gone to Rs 485lacs(can not understand calculations).As late as 30thsep2009 the bank has written to D M that the outstanding of us is Rs 335.10 lacs plus interest for ten months(roughly 35lacs).The next date of hearing with D M is 30/3/10.

In a separate development,one of our of family members(with whom we have a case under IPC 498A)has moved civil courts locally and have obtained a stay from alienating the property against us,and BANK.There case is that this is a inherated huf property and hence could not be awarded to us by lok Adalat(in fact they have challanged the award of lok adalat award giving me the property)
My question is
Is district Megistrate bound by civil courts?Does he have to honour the stay of civil judge??
Can bank dictate terms to us to get a criminal case withdrawn or else they would take property?

Thanking you

venugopal   25 March 2010 at 15:09

share in fahter's house

Sir,

My father has constructed a house from his income only. But, he registered it in my mother's name. I have a two sisters who are married and an elder mentally deficient brother. My father has not left any will. My mother is not accepting to write a will. I am married and have two daughters. How can i ensure my share in the house? Please advice.

thanking you
M.venugopal

Pawan Patil   25 March 2010 at 15:00

Negotiable Instrument Act Sec138 Dishonour of Cheque

Sir/ Madam,


I want know penalty cluse of U/s 138 of Dishonour of cheque.

I heart that if guitly is define then drawer has to pay twise amount of cheque

Can any one guide me on above?

Regards,Pawan

Monil Shah   25 March 2010 at 14:46

Purchasing House in co-operative soc

I have to purchase an house which is a co-operating hsg society.

I wanted NOC from the co-operative society for acquring the house but the secretary said that we cannot give u the NOC as the previous owner has not completed One year till now.He further showed me the bye law where it was written that no person could get the noc if the previous owner has not completed 1 year.

I wanted to know that
1. Whteher co-operative society act says that house cannot be trf before completion of the 1 year.Yes or no
2.If no,Whehter the Co-operative society act has an overidding effect on the bye law of the society.
3.Whether I can take in legal action agagist the society from not giving me the NOC.

Please help me solving the above query

Anonymous   25 March 2010 at 14:33

Bank charges on NPA Account

Hi All,

For An NPA account with secured, what is the interest rate Bank charges for closure in the private Bank,


Anonymous   25 March 2010 at 14:18

Filing of income tax return

If a person being a senior citizen 66 yrs, retired from service, is having no income other than interest on his saving and dividend from Indian companies. His gross annual income from all sources as mentioned above is less than Rs.2.40 lacs. He is having a PAN number. Is it compulsory in his case to file income tax return. What are the consequences if he failed to file income tax return regularly?