Anand
13 December 2016 at 23:05
Hi ,
I'm here to know whether Can I file divorce case against my spouse due to mental illness or not?
I'm working in some software company and I married on June 2016. Before marriage I'm not sure whether I'll get Onshore project or not. So, I didn't inform to my spouse family about the foriegn opportunity because of the uncertainity about this onsite project.
After 1 week of my marriage luckily I've got Onsite opportunity to work in UK. I've informed to my spouse family about this Opportunity and they told me I've cheated them like that. Because, my spouse family wants me to stay in India. I was ready to take my spouse with me in UK. But, unfortunately she doesn't have passport at that time. Even I've tried to get passport in Tatkal scheme and its get rejected due to birth certificate issue. So, I've flown alone to UK on July 2016.
After 2 months she came to UK on 1st October 2016 and we spent good time together in first 15 days. One weekend we went to one of my friend home and there we had nice time with their family. After that day, she said, my friend is handicapp and his wife is not happy to live with him like that. so, she said, I want to help his friend wife to get divorce from him. My wife keep on saying this. But, my friend is not handicapp and he's living with his wife happily. I told my wife don't say like this otherwise you will get divorce from me in frusturation and went to office. My wife called my friend and said like " If you want your wife to live happily better give divorce to her". My friend asked me what's happening and asked me to go home and take care of her. Then I went to home and she said , she doesn't like my friend . I said okay no problem. Then she said, you will say like this and finally you will take me to him. I've tried to keep her calm. Then, Suddenly she tried to committ suicide in different ways and fortunately I've stopped on this. My wife family hearing all these things in Phone. To make her calm I promised to my wife " I'll inform to my friend to get divorce". Night, she often woke up from her sleep and I also woked up if she tried again to committ suicide it will be big problem that's why and its happened for 1 week.
After 2 days, she asked details about the divorce. I said , "If couples doesn't like each other they will get divorce" to keep her calm. On that night, she said "she married me because her brother will marry only after her marriage like that. Since, childhood onwards she saw some face in her dream and she thought to marry that dream face. But, She didn't find that guy before her marriage. So, finally she married me. But, During her visa process, she saw that dream face in that office 2-3 minutes only and from that day onwards she felt that she wants to be live with him. so, she said I want divorce from you like that". Then I understood she had some mental issues/ depression.I also said that "Okay, I'll give divorce to you" to make her calm. Then, I've informed this matter to her family , they said My wife had some mental issues before marriage and they had treatment. But, before completion of the treatment they done marriage for her. They thought it will be cured once marriage has done. But, it doesn't happened. Her family hide this problem to me and my family before marriage. Now, I'm so worried about this issue. She tried to committ suicide again because she wants to be with her dream face boy.
To avoid anymore serious issues we went back to India. Once, We reached her home , my parents and sisters also came to her home to know the issues what has happened. My wife shouted to everybody in the home like "I want's divorce from me and I won't live with me even If I live with me I will die" like that. Also, Her mother said, my wife had some mental issues before marriage , we hide this problem to avoid marriage to be cancelled like that to all the people in my family. We trust her family but they cheated us.
Now, My wife is in her parents home and they taking care of her and they are consulting with doctors as well. But, still she's saying samething about the dream face. Sometimes, she called me to take her again to UK then again she was asking "have you filed a divorce case or not". I'm so confused on this. I thought to live with her if she's cured. But, I'm not sure after treatment also if she will be behave like this it will be big problem for me as well as her. Also, my family won't support her due to this type of issue.
Hence, I'm planning to get divorce from her. Here comes my question, Due to this reason can I divorce her? If so, do I need to give alimony for life long? Her family only cheated us. In that case still do we need to give alimony? Please help me on this.
Looking for your reply please.
Thanks & Regards,
Anand
Ritu
13 December 2016 at 22:46
Dear all i want to know where i can filed the divorce where i got married ya other place where i reside ?
Raj
13 December 2016 at 22:18
Sir, for last 1 year, the Ld Metropolitain magistrate in criminal trail, are not writing the final order. Despite for advancing of arguments on each and every date of hearing. They write the their daily order in the following way in order to save themselves from any liability
1 No DW is present. Adjournment sought. Heard and allowed. Now, to come upon 21.02.2016 for defence evidence if any otherwise for arguments.
2 No DW is present. Adjournment sought. Heard and allowed. Now, to come upon 9.4.2016 for defence evidence if any and arguments
3 No DW is present. Adjournment sought. Heard and allowed. Now, to come upon 29.04.2016 for defence evidence if any otherwise for arguments
4 Case received by transfer. It be checked and registered. No defence evidence is present. Accordingly a date is requested. Heard and allowed.
On request, now, case is adjourned to 10.06.2016 for defence evidence, if any and for other arguments.
5 No defence evidence is present. Accordingly a date is requested. Adjournment sought not opposed. Heard and allowed. On request, now, case is adjourned to 09.07.2016 for defence evidence, if any and for other arguments.
6 No defence evidence is present. Accordingly a date is requested. Adjournment sought not opposed. Heard and allowed.On request, now, case is adjourned to 31.07.2016 for defence evidence, if any and for other arguments.
7 Case received by transfer. It be checked and
registered. No defence evidence is present. Now, the case isadjourned to 14.09.2016 for defence evidence if, any or for arguments
8 Today the case was fixed for defence evidence. No defence evidence is present. Adjournment sought. Heard and allowed. Now, the case is adjourned to 11.10.2016 for defence evidence, if any or for arguments.
9 Today the case was fixed for defence evidence. No defence evidence is present. Adjournment sought. Heard. Now to come up on 25.10.2016 for defence evidence if any and arguments
10 Today the case was fixed for defence evidence if any andarguments. No defence evidence is present. Adjournment sought. Heard and allowed. Now, the case is adjourned to 05.11.2016 for defence evidence if any and arguments.
11 No defence evidence is present. Adjournment sought. Heard. Now to come up on 17.11.2016 for defence evidence if any and arguments.
12 No defence evidence is present. Adjournment sought. Heard. Now to come up on 14.12.2016 for defence evidence if any and arguments
Our lawyers get exhausted, as they advanced the arguments on each date and we are accused and our life and libert too get affected because of the casual attitude of the Ld MM
Please suggest the suitable remedy to overcome from this mess??
HITESH SHAH
13 December 2016 at 22:12
RESPECTED LAWYERS,
IN FAMILY COURT COMPROMISE PURSIS FOR MAINTENANCE UNDER SECTION 125 WAS MADE AND SIGNED BY APPELANT AND RESPONDENT ON EACH PAGE AS WELL AS BY ADVOCATES OF BOTH SIDES AT THE END OF PURSIS.ON THE BASIS OF COMPROMISE PURSIS LEARNED JUDGE OF FAMILY COURT DID ORDER FOR MAINTENANCE AFTER EXPLAINING AND READING IN OPEN COURT.BUT AFTER 2 MONTHS APPELANT WENT TO HIGHCOURT AND DID CRIMINAL REVISION APPLICATION FOR MAINTENANCE .GROUNDS WERE 1) THREE MINOR CHILDREN CHILDREN HAVE NOT SIGNED 2) HER ADVOCATE HAS NOT EXPLAINED PROPERLY.HIGHCOURT ORDERED THAT PURSIS WAS IMPROPER ACCORDING TO CPC ORDER 23(1) AND 32(7) AND SET ASIDE .HIGHCOURT HAS SUGGESTED TRIAL COURT TO DECIDE MAINTENANCE BUT CONTINUE TO GIVE DECIDEC MAINTENANCE AS INTERIM RELIEF TILL FINAL JUDGEMENT OF TRIAL COURT COMES.MY ADVOCATE SAID THAT CIVIL RULE CAN NOT BE APPLICABLE TO FAMILY COURT.SIR WHAT IS YOUR OPINION?WHY SHOULD RESPONDENT SHOULD CONTINUE TO GIVE MAINTENANCE IF PURSIS HAS BEEN QUASHED.GIVE UR SUGGESTION. WHAT SHOULD RESPONDENT SHOULD DO?SHD HE MOVE TO SUPREME COURT?IS IT POSSIBLE TO ADMIT CASE AND TO TAKE STAY AGAINST HIGHCOURT ORDER.KINDLY REPLY.THANKS
SANTANU SAHA
13 December 2016 at 21:56
Sir,
My client had been convicted U/s 138 Of the Negotiable Instruments Act, 1881 in the month of June 2016 with S.I. for 4months & fine of 6.5L.
After conviction, the Trial Magistrate upon an application made to that effect, released him on bail U/s 389(3)(1) Cr.P.C and the sentence remained suspended during the appeal limitation period of 30 days. However, my client could not file an appeal within the limitation period as he suffered an accident. Consequently, Arrest Warrant was issued and my client got arrested.
Presently, I have filed a Crl. Appeal, a Crl. Misc. Case for Condonation of delay U/s 5 of the Limitation Act, 1963 & also a Crl. Misc. Case for an order U/s 389(1) Cr.P.C for suspending the sentence and releasing the accused on bail.
The Crl. Misc. Case for condonation has been admitted and notice has been issued to the respondents and the same has been fixed for reply by respondents. However, the Session Judge has refused to pass any order on the Crl.Misc.Case U/s 389(1).
Sir, my question is can a pending Misc.Case for Condonation of delay be treated as pending Appeal? Can you please suggest any legal provision or S.C. judgment where an order U/s 389(1) may be passed pending disposal of the Condonation Misc. Case?
Sir, if an order U/s 389(1) is not passed and there is an inordinate delay in disposal of the Misc. Case U/s 5 of the Limitation Act, the matter would become infructous as the accused would have already served most part of the sentence of simple imprisonment by then.
Please reply me urgently,
Thanking you in advance.
Santanu Saha,
Advocate.
JAGADHEESH
13 December 2016 at 21:42
We are two brothers living with mother in a home built by my father. My father expired in 2015.Both of our families are also living there. we have a total of 40 cents of land including a two storied house. All the properties except 3 cents of land belongs to my father while the 3 cents of land belongs to my mother.Now due to dispute in the family we decided to partition the property into two halves. And mother will have life interest on both property. In the first half , half of land and home is included and in the second half , half of land plus half of the value calculated for house are included. My brother is an LLB graduate and is crooked minded. As he had changed his decision on partition many times, I have the following doubts.
1. What is actually the life intetest?
2. Will this life intetest of my mom on my property get terminated automatically in the event of decease of my mother?
3. When the mother is alive is it possible for mom to make a will on this life interest so that it is transferred to another person after her demise?
4. Is it possible for mom to sell this property?
5. It is the property that belongs to me but mom has life interest. In this scenario can I get bank loan?
6. In case of any emergencies can I sell this property with my mom 's consent?
7. Is there any possibility of raising repartitioning that my brother can do as my mom has life interest on my property in the event of death of my mom?
8. I suggested that I can put a clause that my mom can live until death in the home that I build on the land I get through partitioning. But my brother oppose this telling that my mom should have life interest on my property. What is the right clause .... as i suggested or life interests?
9. My brother also told that even famous legal practioners fear to put life interest on the property. Is there any danger in putting life interest of my mom in my property?
Raj
13 December 2016 at 21:18
On behalf of husband family I made the following query
After facing 5 years of criminal trial and During Final stage of arguments of 498-A case, the judge aasked us to compromise with girl family and to made settlement deed and get 498-A quashed by the High court.
1 If we insert the clause that wife will not file any criminal case on husband and his family members, then whether married woman can file the case aginst husband and his family members?
2 But we have apprehension after 498-A quashed she may file the 498-A against us, and again we again have to face the criminal trial fresh. Can judge compel us for settlement deed , if we donot agree for the settlement deed?
sanjay kumar
13 December 2016 at 20:13
Sir,
One of my relative is a widow and having two son. The elder son had taken the bank loan and he failed to pay on time to bank without knowledge of his mother and he flew away from his place . The loan amount was not paid on time and bank had logged a FIR in police station. Police had placed this matter to Honourable court. Warrant had issued by honourable court and police raid many time to his given address , than due to her image in society his mother had paid all the dues of bank under one time settlement but unknowingly she had not submit the copy of NOC to the honourable court. Thus the warrant is stand as it is.Now Police is giving the suggestion to submit the NOC to proper court and go for proper way to close this matter, but the son of that lady never turn up and make discussion on above said matter. he is harassing his mother by telephone. Now my question is either mother can go court and debarred her son from all property .Kindly help me
Uday
13 December 2016 at 19:59
Am newly joined company without resignation to previous company worked on sick leave, now I resigned my previous company without notice period any legal issues of my new job
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If section 407 & 408 of ipc correctly admitted??
A Ltd company had a contract with payment terms of 60 Days, but then it delayed & Did not make payment since last 8 years for the transportation bills of my client (being a transporter), on account of which my client wrote several letters to such company for such Long Back Overdue Outstanding Amount but then the company did not are to reply.
As a consequence, my client had no other option left but to detain its consignment, whereof he issued within 6 days - a notice mentioning of such detainment & asking to release his such overdue amount, & also posted a copy of such notice to local police.
Now, the company filed a criminal suit under section 407 & 420 of IPC & Section 3 & 8 of Carriers Act, 1865.
Whereof, my client filed a caveat for a temporary injunction, & finally, the order was partially favoured ordering my client to handover back the goods & ordering the company to make the payment alongwith Interest to my client.
Now, since then, such criminal suit was pending & now my client came to know that the suit is admitted by the court.
Can anyone suggest the merits and demerits of my client & the said Ltd company in the present case??
Also, is there any reference to any suit whereby the High Court permitted a transporter to detain a consignment for his overdue charges, but only if the Consignor & Consignee are same??
If known, then please name it, so that I can attach & submit it.
So, Please Please Please....help me & guide me with prompt responses;
Thanks in Advance....