Section 13 (1a) and 13 (1b)
sandeep mathur
(Querist) 21 June 2013
This query is : Resolved
DEAR SIR
I WAS MARRIED IN YEAR 2000 AND AFTER LIVING TOGETHER APPX 6 MONTH SHE LEFT THE MATRIMONIAL HOME AND START LIVING AT PERINATAL HOME.OUR MARRIAGE WAS LOVE COME ARRANGE MARRIAGE AS PER HINDU LOW.
TILL 2005 I WAS TRYING TO PEACH UP AND RE - CONSOLE MY MARRIAGE FOR THAT I VISITED HER SO MANY TIME BUT MY ALL EFFORTS WAS FAILED SINCE SHE DON'T WANT TO COME BACK. AND AFTER THAT I LEFT MY LIFE IN HAND OF GOD AND ON THE TIME FACTOR BUT WE WERE STILL MEETING AT PUBLIC PLACES AND WERE IN TOUCH THROUGH PHONE TILL YEAR 2009,
IN YEAR 2010 SHE FILED DIVORCE CASE AS PER UNDER ABOVE MENTION SECTION AT TIS HAZRI AND IN THE 1ST HEARING OUR MATTER WAS TRANSFER TO MEDITATION CENTER AT TIS HAZRI IT SELF. AFTER 1 YEAR AND APPX 6 MEDIATION CLASSES WE BOTH HAVE ARRIVED IN YEAR 2011 AT AN AMICABLE SETTLEMENT, TERMS ARE AS UNDER
1. WE BOTH WAS AGREED TO LIVE TOGETHER FROM DAY ONE IN THE MATRIMONIAL HOME FOR AT LEAST 1 YEAR IN THE MEANWHILE MY WIFE HAVE LIBERTY TO REVIVE THE PRESENT MATTER AND CONCERNED COURT WILL ADJOURN THE CASE FOR SINE DIE.
2. WE BOTH WILL LOVE,CARE AND RESPECT TO EACH OTHER AND MAINTAIN A HEALTHY ENVIRONMENT.
3. ABOVE SETTLEMENT ON THE BASIS OF THEIR OWN FREE WILL AND ANY FORCE, PRESSURE AND COERCION.
BUT AFTER THE SETTLEMENT SHE WAS NOT STAYED AT MY HOME FOR SINGLE DAY EVEN SHE WAS NOT VISITED MY HOME IN DAY TIME OR DURING MY ILLNESS SHE BLOCKED MY CELL CALLS ON HER CELL AND ONLY CALL ME WHENEVER SHE WANT TO TAKE TO ME TILL DATE AND ALSO STOP MY ENTRY AT HER PARENTS HOME.
PLS ADVISE NEXT STEP MY ALL BELOW QUERY AS PER SETTLEMENT LETTER BY COURT :
1. IF I WANT RE CONSOLE MY MARRIAGE AND WANT GO ON FAMILY WAY TO HAVE MY COMPLETE FAMILY BUT SHE DON'T WANT GO ON FAMILY WAY EVEN SHE DON'T REPLY ON STAYING LIVE TOGETHER?
2. IF I WANT TO DIVORCE HER WITHOUT SETTLE ANY CLAIM UNDER SECTION 13 (1b)?
3. I HAVE PROPERTY IN ASHOK VIHAR IN MY NAME AND NO ONE IN MY FAMILY SO THAT I CAN NOT MAKE MY WILL IN THE FEVER OF ANY OTHER FAMILY MEMBER. SO HOW CAN STOP HER TO TAKE MY PROPERTY AFTER MY DEMISES WITHOUT MAKING MY WILL IN CASE IF SHE JUST WAITING FOR MY DEMISES .
PLS ADVISE IF YOU WANT MORE INFORMATION IN THIS MATTER AND AWAITING YOU SOONEST REPLY.
Thanks And Regds
Sandeep Mathur
Email : msandeep1970@hotmail.com
Email : sandeep_mathur_7@hotmail.com
Skype : sandeep_mathur_7
Cell no : 9958187010, 9810124769
Adv Archana Deshmukh
(Expert) 21 June 2013
If your wife is not willing to live with you, then talk to her and part ways by MCD. It is not necessary that Will should be made in favor of family members only. You can donate your property to any charitable organization after your demise by a Will.
sandeep mathur
(Querist) 21 June 2013
what is mcd and under which section i will file divorce pls advise in detailes. should i open closed file or file new case.
sandeep mathur
(Querist) 21 June 2013
pls reply in details since i will fight by self my case don't have money to pay case fees.
ajay sethi
(Expert) 21 June 2013
if you cannot afford legal fees contact district legal aid centre . they will fight your case .since your wife dosent want to styay with you best obtain divorce by mutual consent . the exisiting case which has been adjourned can be revived and petition for divoerrce converted into divorce by mutual consent
Rajendra K Goyal
(Expert) 21 June 2013
Fully agree with the expert Sh. Ajay sethi ji, Mathur Ji and Adv. Archana ji. Try to get Mutual Consent Divorce.
Adv Archana Deshmukh
(Expert) 21 June 2013
MCD i.e mutual consent divorce can be filed u/s. 13B of the hindu marriage act.
sandeep mathur
(Querist) 21 June 2013
PLS ADVISE ON FOLLOWING
1. SHE BLOCK MY CALL AND I AM NOT ALLOW TO VISIT HER PARENTS HOME SO HOW I WILL CONTACT HER.
2.
ABOVE CASE WAS FILED WITH HER SO CAN I RE-OPEN THE FILE.
3. IN ABOVE CASE SHE FILED 13 (1B) FOR HER MAINTENANCE AND SHARE IN MY PERENNIAL PROPERTY SO THAT WILL BE APPLICABLE IN CASE I RE-OPEN THE FILE.
4. SHE IS NOT AGREED TO GIVE DIVORCE ON MCD BASIS SO IN THAT CASE WHAT NOTICE SO THAT I WILL SEND TO GIVE DIVORCE OR STAY WY WITH ME.
5 CAN I FILE FRESH CASE FOR DIVORCE ON THE BASIS OF ABOVE.
6. IF YES SO UNDER WHICH SECT OF LAW I CAN FILE THE CASE.
AWAITING YOUR ADVISE.
ajay sethi
(Expert) 22 June 2013
if your wife does not want divorce by mutual consent wait for her move . if she wants divorce let her make application to court . dont take the first step .as on date there is no injunction restraining you from selling the property . you cna if you so desire dispose off said property .
sandeep mathur
(Querist) 22 June 2013
DEAR SIR
AS PER YOUR ADVISE IS THERE IS NO OTHER WAY AS PER LOW TO GET RID OFF MY MARRIAGE AND GET DIVORCE WITHOUT SELLING MY PROPERTY.
SINCE SHE NEITHER WANT TO STAY WITH ME NOR WANT TO GIVE DIVORCE TO ME.
OUR MARRIAGE IS 14 YEAR OLD AND SHE IS NOT LEAVING WITH ME FROM LAST 13 YEAR SO THIS POINT CAN BE BASE OF DIVORCE.
AND MORE EVER SHE IS NOT FOLLOWED JUDGMENT OF COURT AND NOTE CAME BACK TO STAY WITH ME THIS CAN ALSO BE BASE OF DIVORCE PETITION.
CAN I FILE FRESH DIVORCE PETITION.
THANKS AND REGDS.
Rajendra K Goyal
(Expert) 22 June 2013
agreed with the expert Adv Archana ji. Nothing more to add.
sandeep mathur
(Querist) 22 June 2013
THANKS FOR ADVISE PLS CONFIRM SECTION FOR GROUND OF DESERTION AND THIS WILL BE FRESH CASE.
THANKS FOR ADVISE PLS CONFIRM SECTION FOR GROUND OF DESERTION AND THIS WILL BE FRESH CASE.
This notice issuing under the present circumstances for RESTITUTION OF CONJUGAL RIGHTS under Section 9 of the Hindu Marriage Act, 1955 to showing the willingness of live together at matrimonial home.
Therefore reply to this notice within 7 days or return back to matrimonial home for live together. Therefore in the absence of your reply after aforesaid date that this petition will be present in court for their direction and decision.
Therefore in the present circumstances and our amicable settlement in presence of the court of Ms.Illa Rawat, Ld.ADI. THC Delhi by Mediation Center Tis Hazari Courts Delhi as on 20.Nov 2011 in the terms of agreed between the both the parties i.e.
Husband and wife will live together from today 20 Nov 2011 itself in the matrimonial home for at least one year and both the parties will love, care and respect to each other and will maintain a healthy environment.
Therefore after Direction of Court of Ms.Illa Rawat to live together you never visited once to your matrimonial home for single time and day and also not live together any single day from 20th Nov 2011 till 3rd Oct 2013. Also block my cell no to call you upon remind you Direction of Court. even you never reply any of my SMS or Mail sent you to live together in last 2 years.
WE HAVE SERVE ABOVE NOTICE AS ON 5 OCT 2013 AND SINCE DATE NO REPLY FROM THEIR PLS SUGGEST NEXT STEP AND ALSO ADVISE CAN I WILL MY PROPERTY IN ANY ONE NAME BUT PLS NOTE I DON'T HAVE ANY IN ONE MY FAMILY AND I DON'T WANT TO SELL MY PROPERTY.AND ALSO ADVISE IS ANY LAW THAT WIFE CAN GET SHARE IN MY PARENTERAL PROPERTY TRANSFER IN MY NAME BEFORE MARRIAGE.
sandeep mathur
(Querist) 25 June 2013
Dear All Expert thanks for advise
prabhakar singh
(Expert) 25 June 2013
IT SEEMS I WAS NOT HERE.
ANYWAY I WELCOME YOU FROM ALL OF US.
sandeep mathur
(Querist) 04 December 2013
THANKS FOR ADVISE PLS CONFIRM SECTION FOR GROUND OF DESERTION AND THIS WILL BE FRESH CASE.
This notice issuing under the present circumstances for RESTITUTION OF CONJUGAL RIGHTS under Section 9 of the Hindu Marriage Act, 1955 to showing the willingness of live together at matrimonial home.
Therefore reply to this notice within 7 days or return back to matrimonial home for live together. Therefore in the absence of your reply after aforesaid date that this petition will be present in court for their direction and decision.
Therefore in the present circumstances and our amicable settlement in presence of the court of Ms.Illa Rawat, Ld.ADI. THC Delhi by Mediation Center Tis Hazari Courts Delhi as on 20.Nov 2011 in the terms of agreed between the both the parties i.e.
Husband and wife will live together from today 20 Nov 2011 itself in the matrimonial home for at least one year and both the parties will love, care and respect to each other and will maintain a healthy environment.
Therefore after Direction of Court of Ms.Illa Rawat to live together you never visited once to your matrimonial home for single time and day and also not live together any single day from 20th Nov 2011 till 3rd Oct 2013. Also block my cell no to call you upon remind you Direction of Court. even you never reply any of my SMS or Mail sent you to live together in last 2 years.
WE HAVE SERVE ABOVE NOTICE AS ON 5 OCT 2013 AND SINCE DATE NO REPLY FROM THEIR PLS SUGGEST NEXT STEP AND ALSO ADVISE CAN I WILL MY PROPERTY IN ANY ONE NAME BUT PLS NOTE I DON'T HAVE ANY IN ONE MY FAMILY AND I DON'T WANT TO SELL MY PROPERTY.AND ALSO ADVISE IS ANY LAW THAT WIFE CAN GET SHARE IN MY PARENTERAL PROPERTY TRANSFER IN MY NAME BEFORE MARRIAGE.
sandeep mathur
(Querist) 04 December 2013
and they are not agree on MCA
sandeep mathur
(Querist) 05 December 2013
she is not replying any of my notice
she is indicated her intention till date
what is next action so that she will come in front of court and reply to decision of court which she is not obeying.
As foll woes my mail to her.
Ref to below my notice and tel con -as on 23rd Nov 2013 for your confirmation to visit your home and meet you discussion on tis issue.
Pls note today as on 24th Nov 2013 again you have blokecd my cell NO xxxxxx and i am trying to contact you from 10.00 am morning to confirm time to visit your home to meet you and discussed and still you had replayed any of my any call or SMS.
So we are comming to to your home today to discuess this matter in details.
sandeep mathur
(Querist) 05 December 2013
REMINDER
DEAR EXPERT I AM WAITING FOR YOUR ADVISE
THNKS/RGDS
sandeep mathur
(Querist) 05 December 2013
REMINDER
DEAR EXPERT I AM WAITING YOUR ADVIISE
THNKS/REGDS
