DB
04 October 2014 at 05:11
http://www.lawyersclubindia.com/experts/If-husband-wants-divorce-but-wife-is-not-ready-at-all-for-divorce-then-what--135306.asp#.VC8h-WM3Ltg
Above link interestingly describes my sister's situation in details.
My sister's husband do not want to stay with her. His parents and our parents both are trying to convince him.
Now we are in dilemma for following reasons...
a> we do not want to file a police complaint against her in laws, because this will kill all possibility to save marriage, even though they have torture her mentally to a extent that my sister told me she will do harm to herself if she stay with him anymore. And if we delay to complain we can lose our strong position which we have build up by family discussion in recent time. Even today we do not have any proof of mental torture which my sister suffer for almost 1.5 years. Now suddenly her in-laws have started behaving very good to avoid any legal action. Though her husband continue to say he can not stay with my sister.
b>She do not want divorce as she is emotionally attached with him, even though her husband rarely treated her well. He used to tell "maine saam, daam, dand, bhed sab laga ke dekh liya lekin tum mujhe chorana hi nahi chahti ho". My sister is saying she can not stay with him in current circumstances but she did not divorce either. She is graduate and want to do job. Still no child.
C> Our family want complete safety to my sister, hence recently brought my sister in our house. I do not know if this step will weaken my position or not. I do not want her in laws to escape either, as it has all happen because of their ignorance. They agreed to marriage because my sister was beautiful and we were ready to fulfill their demand in almost all respect, which did. Because of some minor fault from our side during marriage their family build an ego issue and started misbehaving with my sister soon after marriage bedai samaroh. Soon after marriage (three days) her husband informed her that he might not stay with her. Their family on one hand try to convince her son and on other hand try to show the world that my sister is imperfect for their son (they are not in a position to claim this as they took more than 1.5 years to decide on marriage, their parents, brothers and our family also asked the boy to meet my sister before marriage, but he denied every time. He never pointed any issue with my sister, simply saying they are not compatible with each other)
d> We do not want to be emotional this time and want to try legal option with extreme care. We have already went for lot of discussion. Their family today claimed that they were not aware of their son behavior and hence treated my sister badly. But they also try to convey strong message that if we are thinking of any revenge kind of thing then they will protest strongly. We are well settled family. Even more strong than his family on every front be it money or education. We do not want to feel cheated in long run.....that is our only concern. What to do now.....please suggest.
KRISHNARAO
04 October 2014 at 01:09
Dear Sirs,
At the outset, I thank you all the members of the club and I came to know about the club 2-3 days back only. And I am very happy to know that the club is helping so many people and thus saving so many families across the country.
This is a plea to the highly respected legal community to help me to get out of my present mercy situation and save my family members. I humbly request your good selves to take a few minuets to read the following and advice me in the problem I am facing.
“I have been holding/using 5MNC bank credit cards for over a period of 5-8 years approximately. And holding savings/joint accounts (with my wife) in some of these banks for over a period of 10-12 years. And I have availed loans, balance transfer facilities against credit cards on EMI basis and at present I am paying EMI’s to the tune of 55000/- per month approximately to all banks which includes ICICI, SBI, KOTAK etc.
I have been paying all the EMI’s to all banks without even a single default through all these years. THERE IS NO SINGLE DEFAULT OR CHEQUE BOUNCES in my entire history of all banks in a span of 10 years. But due to drastic deterioration in my CASH INFLOW situation, I am forced into a stagnant situation
At present, as on today I have not paid 2 months EMI’s to two banks. Some of the EMI’s in different banks coming closer i.e. ( for ex : Out of 24 EMI’s 22 EMI’s paid of Rs.2400/-. To another bank I have paid 23 EMI’s out of 24 EMI’s of Rs.5900/-. And to three banks 1 month EMI is pending only. Altogether monthly EMI is 55000/- approx. But at present I do not have a single pie to pay further EMI’s and expecting nothing in the near future to pay. Remaining balance EMI’s in the total period of tenure (3-5 years in future years) coming together (with interest) is around 15 lakhs approx.
Banks themselves gave all the above loans and converted into EMI’s basing on my good repayment track record. AND AS FAR AS MY KNOWLEDGE IS CONCERNED I HAVE NOT GIVEN ANY SURITY/PROPERTY.
At present I am above 50 years old and all of a sudden my wife is bed ridden. And I got health problems. I have lost all the income sources. From October 2014 onwards I don’t have money to maintain my family. So I am unable to pay further EMI’s.
My wife and children (UNMARRIED GIRLS) fear very much about the bank agents. We are spending sleepless nights for the last 3-4 months. And so far I have led above 50 years life respectively in the society. Till to date neither I visited any P.S/ nor stepped in to any court. But all of a sudden this happened. Now I am totally confused about the dire consequences about my future life.
Please advice me in the following:
1) Banks are asking for the immediate payment.I hv. recd some calls asking me whether they send agents. I replied NO. I need a holiday period of 2-3 years. Fearing about the “Banks known illegal practices, I have shifted my residence and not lifting the tele-calls on the advice of my well wishers. I do not update my new residence and ph.number to banks in these 2-3 months. Should I attend phone Calls? Should I inform about change in my address? What are the consequences?
1 A) AS ABOVE CITED, MY CR. CARDS ARE NOT YET PUT UNDER DEFAULT. BUT IT MAY HAPPEN AT ANY MOMENT. BEFORE THAT THING HAPPENS, I WOULD LIKE TO MINIMIZE THE DAMAGE DONE ALREADY. I SINCERELY REQUEST THE RESPECTED LEGAL COMMUNITY TO GIVE ALL SUGGESTIONS AND STEPS TO BE TAKEN IMMEDIATELY SO AS TO AVOID FURTHER DAMAGE. PLS.TREAT THIS AS MOST URGENT.
2) After some time, (may be 2-3 years) when my financial position improves I hope that I can pay a small minimum principal amount to all banks in a single EMI. Is it possible? How to convince all banks about this?
3) Shall I declare Insolvency Petition? What are the consequences? I am worrying about the defamation in the society.
4) How to declare I.P? If I do so, Is it safe. Shall I approach LOK ADALAT? To whom I have to approach? Where I can get justice?
5) Whether my wife and children would be held responsible in future for my present liabilities? What can I do to save my children’s future?
6) As ours is an undivided Hindu family till to date, what would be the impact of my present liabilities on my father, mother and brother in the near future? What steps could I take now to save them?
7) How to know from banks whether I have given any cheque’s in the long past.
8) If I send all my credit cards to banks Regd. Office for cancellation whether they will accept or not?
Please advice me immediately and save my family.
Last but not least, please excuse me for a lengthy letter and advice me in all the relevant matters. Thus save my family.
THANKING YOU,
Yours sincerely.
Anonymous
04 October 2014 at 00:15
Dear experts
there is a case of firing in air by a person in open market space without motive to cause injury to anyone and it doesnt cause either.....weapon is licensed one...as far as I can think section 336 and 290 of ipc will be applicable....which section of arms act will it attract.....and can any other section of ipc or special act can also be added when FIR is lodged in this case
TIA
DV victimmmm
03 October 2014 at 23:46
Hello experts:
here are few details about my cases:
1. DV case dismissed by JMFC court as allegations were not proved by wife and many were proved to be false. Appeal by wife is pending in session court since last one and half year, Wife just delaying it.
2. CRPC 125 order by Family court clearly says that I have never ill treated my wife and her allegations can not be considered to be true.But, as I have filed divorce case and i won't take her back, I have been ordered to pay 8k per month to wife and my kid. Wife is already working.
3.Divorce case pending before same family court.Wife just says that she wants to come back and is asking for 18 lakhs for mutual divorce which i can't pay.In the court she says she is ready to come back but she needs guarantee that she will not be murdered by me if she comes back :)
I have to pay huge amount as crpc 125 was dragged for longer time and I have paid almost half of the amount in last 3 months. Wife threatening arrest warrant> i was not working for 2 years almost but got a moderate job few months back.
my both parents are ill and i have to take care of them everyday. I am loosing my own health too because of constant pressure from family court and biased nature of the judge. Most interesting thing in my case is that DV case is dismissed but wife's appeal for interim in DV case is still pending( appeal against main case is different) in session court since 2011. The judge is not dismissing it :) even if I am requesting it on every date. Wife never attended it
I just want to end this now as I am loosing time, money and peace of mind because of all this.
my questions are:
1. can I pray Family court to decide permanent alimony so that I can pay my wife one time. It will help me to concentrate more on my family and other personal issues.
2. if answer to first question is yes, what are pros and cons of such request?
3.is permanent alimony in crpc 125 and civil case like HMA 24 is different in nature ?
4. It will be very helpful if someone can tell me approximate amount for permanent alimony. Cureently I am at rate 8 thousand per month
Thanks in advance for your valuable suggestions and advice.
498 Exploited
03 October 2014 at 21:14
Dear Experts
My wife filed TP for divorce case going on in HP to familiy court ranchi in SC.now there is a stay on this case. my SC lawyer says to drag this case in SC mediation cell. now my question is:
1.Will this case surely go to mediation cell in SC ?
2.even at mediation cell if wife is not agree for 1 time settlement then can i ask court for the reimbursement of her to and fro journey fare as it is very dangerous for to go to ranchi as anything may happen to me at ranchi due to the influence of her father
3. Can i switch over to live in relationship with any married or unmarried girl later on. as this case may take years however it has gone 9 months filing this case.
ABC
03 October 2014 at 20:25
I GOT THE MEMO OF STOP PAYMENT BY DRAWER.I COULD NOT GAVE THE U/S 138SECTION NOTICE. BUT AGAIN I APPEAR THE CHEQUE AFTER 2 MONTH IN THE BANK AND THE BANK GAVE THE RETURN MEMO OF STOP PAYMENT BY DRAWER.AFTER THAT I GAVE THE NOTICE (U/S 138) TO ACCUSED.CAN I TAKE ACTION AGAIST ACCUSED AS PER 138 SECTION.
ABC
03 October 2014 at 20:21
I GOT THE MEMO OF STOP PAYMENT BY DRAWER.I COULD NOT GAVE THE U/S 138SECTION NOTICE. BUT AGAIN I APPEAR THE CHEQUE AFTER 2 MONTH IN THE BANK AND THE BANK GAVE THE RETURN MEMO OF STOP PAYMENT BY DRAWER.AFTER THAT I GAVE THE NOTICE (U/S 138) TO ACCUSED.CAN I TAKE ACTION AGAIST ACCUSED AS PER 138 SECTION.
chander mohan
03 October 2014 at 20:16
Hi all. Am I liable to pay maintenance to my daughter who is living with her mother, if my wife re-marry after getting divorce.
tarun
03 October 2014 at 17:44
Adverse possession of land by state government by last 23 years.Now what is remedy? in revenue records such as jamabandi, land is being reflected in my father's uncle name who died intestate without any class1 legal heir.
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Notice u/s 143(2)
sir,
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