cpc

divorce

office staff

Dear All,

Iam having 2 yrs old boy baby,

20.03.2005 - marriage

24.05.2005 - registration

may end - husband flied to Dubai

sep'2005-myself to dubai

after few months hubby use to beat me when i was pregnant,at that time he ask me go out of that house (rented)before marriage i stayed with my in -laws with my hubby(house owned by father in law)

now my hubby sent me divoce THAT I AT MY OWN INTEREST WENT TO MY PARNENTS HOME WITHOUT CONSENT OF MY HUBBY

now i files petition under D.Vact for residence & maintenance ,can i get that order?

 
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Legal Consultant/Lawyer

DEAR LATHA,


" now my hubby sent me divoce" 


What do you mean by this ? 


i) Is it a LEGAL NOTICE ?


ii) Or a SUMMON in the Court Case For Divorce?


iii) When You filed a Case U/D.V.Act for Maintenance and Residence ?


iv) Can You mentioned the Dates for the above items ?


v) Where is Your husband now staying, in India or at Dubai?


 


 

 
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Hi Latha?


may be or may not be,  because the case is still pending in the Hon'ble Court.


You and your baby have right to claim for maintenance and residenace, you will, but you have to prove that you dont have any source for your life. If you you woking some where your hubby aslo has right to claim for maintenance.


sanjeev desai


 

 
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office staff

sir,


NOW MY HUBBY IS RESIDING IN INDIA


10.10.2008 - GIVEN PETITIION UNDER D.V ACT


16.07.2008 HUBBY FILED DIVORCE


AFTER MARRIAGE I STAYED IN MY FATHER IN LAW HOUSE WITH MY HUBBY.


I GOT CONCEIVED IN THAT HOME ONLY,THEN AFTER 2MONTHS HE SHIFTED HOME TO NEXT STREET OF FATHER IN LAW HOME FOR SEPERATE FROM HIS FATHER,THEN HE USE TO BEAT ME WHEN I WAS PREGNANT,AND HE THROW ME OUT ON 2006 SEP 05TH


SIR PLEASE HELP ME

 
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Lawyer

well Mr. Desai is quite right.


if u r not in position to arrange some lawyer then u may pls mention ur city of residence so that we could make some arrangement for u from this website.


since the papers are not in front of us so it ll be better if any one of us could help u after seeing the papers....u may also c the list of lawyers for various cities from the home page of this website.

 
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If the facts are as you said, your husband will not get divorce.  Now, the question is what do you want?  Either divorce, restitution of conjugal rights (means you want to go back and stay with him) or judicial separation (means you can stay away from your cruel husband and also not take divorce).  In the given facts and circumstances, as explained by you, you will get whatever relief you want.  Under the "protection of women from Domestic violence Act", you have got several relief, i.e., even a shared household in your husband's residence along with physical protection from your husband's beatings.  What you require is a sensitive advocate in your local area to understand your problem and take appropriate steps as the remedy in the domestic violence act is quicker.


Hope you get a relief. 


Prabhakar karlprabhakar@gmail.com


(M)9958670740


 

 
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office staff

 


Dear All,

My brief story is ,

Marriage : 20.03.2005

Registration : 24.05.2005

May’2005 end hubby flied to Dubai,

From that period onwards iam suffering torture by my in-laws (father,mother,brother(unmarried)),though I tolerate all this things for my lovable hubby.

My parents spent 5laks for marriage by getting finance by bank,25soverign gold &one lakh cash for his father.

I got passport & flied on sep’2005 , there we lead happy life .

Then we return to India (nov’2005) , on that day itself my mother in law told to me that she is suffering from uterus problem she have go to his brothers home for hospitality & for rest too,she ask me to stay for 2months ill be back here then you can stay with your hubby here itself,so my hubby sent me to my parents home from that date onwards I did call for my hubby0-no response , will go to my matrimonial home – they use to speak unparlimentry words against me & my parents (though my mother in law came to the home after one month of operation (uterus)but they didn’t inform us,my father in law wont allow me to speak even to hubby (hubby also says lots of complaint against me about my stay with him in dubai- he is a fatherpecked son)

After much persuation I joined my hubby after 5 months (ie)on April’2006

On june’2006 I got conceive,he is very much happy about a junior going to come as his son/daughter.

Later then he use to beat me &scold me in bad words,then on one day his father ask us to go out separate,I said no,but hubby arrange for separate portion in the next sroad of that same area where in laws are staying.me & hubby stayed in new rented home for just 2weeks,he kicked me in my stomach one day (I got pain in my stomach)so I went to hospital, doctor said to take scan whether baby is alive or not,that scan report id dtd.08.08.2006

Then in sep’2006 he sent me to my parents home, saying that his parents are all hating me so after delivery he come & take me.so I accept,then he didn’t come to see even his child.lots of phone calls – direct visit – no response .my hubby leave that rented home & join his parents, after I have gone to my parents home (I use to go there-father in law wont allow me to get inside, in that sun burn itselt I have to take my 3months old baby to my parents home itself)

After separation of 1yr & 9 months I waited for my hubby,but he is not at all in a position to hear me.so I gave complaint to commissioner of police , to ask my hubby to join me,iam not working iam just +2,so police officer ask him – he refuse to stay with me for no reason then they gone for further enquiry with me & hubby then they ask my hubby to return Rs.15,000/- & gold jewels I refuse to get that,but they simply said that this was the procedure & this is the limit of police station,so go ahead in family court (by taking a written statement from me & hubby) they seny us.

After a week he sent divorce notice from court in all false allegation,then filed d.v petition for residence & maintence order ,its going on for 2 months.

 

Plz honorable lawyers reply to my question for the sake of myself & my kid,I want to stay with my hubby (atleast upto my divorce proceding)

How long it will take to get residence /maintenance order?

How long it will take to complete divorce case (I wont give divorce means what will happen for that case)

Will he get divorce?

He is working in a bank’s back office earning Rs.50,000/month no dependants

His father is self employed as a tailor shop owner,mother house wife,brother is working in the same bank’s back office earning Rs.25,000/month no dependants,unmarried

One house is owned by father in law.

My doubt is can I stay with my hubby in my matrimonial home?

 

Plz,plz,plz reply

 
 
Reply   
 

1) You have to file a conjugal right application along with maintenace application,


2) when arguments are close, court belive that the sufficiant reason is existance, then the hon'ble court  ordering for maintenance otherwise not?


3) thereis no time limit, approximately 2  yrs,  court found the sufficiant reason to divorce.


4) that house is owned by your father in law, so you have to stay with ur hubby house where he residing not that house. 

 
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Legal Consultant/Lawyer

DEAR LATHA,


WITH CONCERNED TO DIVORCE CASE:


i) As Per You, if your Hubby, sent you to your parent's home in the Month of Sep 2006, on 5th OR he throw you out of his home on the same day.


ii) and he filed a case For divorce, on the ground of DESSERTION by you on 16-07-2008,


THEN HE FILED THE CASE OF DIVORCE, WITHIN THE PERIOD OF ITS LIMITATION,  i.e. AFTER COMPLETITION OF TWO (2) YEARS.


But, he can't prove that, you have Desserted him:


i) as you had several times asked him to take you back;


ii) Visited parent's (in-law's) home to join there;


iii) Filed complaint before the Police, with a demand to help asked your husband to take back with the intention only to join him;


As per me, The Hon'ble Court may not grant DIVORCE in Your husband's Case, as he can't prove that: you have desserted him for a period of Two (2) Years.


So, Dear Latha, ENTIRE CASE is you hand, you can prove that, you didnot desserted him at any point:


i) If you already engaged a Lawyer in the above Divorce case after getting Notice, ask him Or otherwise dicusse with the Lawyer on the following points;


ii) The Hospital Documents, Medical Bills, during Pregnancy Period, Delivery Records and pertaining to your  KID; 


iii) Complaint filed by you before the Police Commissioner and its Result;


iv) Further, ask him to file all the above Two(2) documents in proof of you case, that you neither your desserted your hubby, nor you yourself come to your parents;


v) To get the Attested Copy of the Complaint, which you filed before the police Comissioner, if you are having any endorsment on your copy, or any acknowledgment about the complaint i will suffice;  


   So, Latha if you do home work as above the success will be in your hand, he can't get favourable order of Divorce.


  WITH CONCERNED TO D.V. CASE:

If you filed the above case in person do one thing appoint a Lawyer on behalf you, or otherwise ask your Lawyer to file and INTERIM APPLICATION for grant of INTERIM MAINTENANCE, while pending the Main Application. 


You can get immediate relief for Maintenance to you, as well to you kid/s, in the Same DV Case.


If can't file ask Your Lawyer to file another Petition U/S. 125 of Cr.P.c for Maintenance along with Interim Application.  You can immediate relief on the same day.


If after order, your hubby won't pay, you can get "ATTACHMENT" of his Salary.  The Bank Officer himself deduct the salary as per the orders and sent it to you or to court for you.          


 
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Advocate

As u say that dv. case is pendingso go for sec.24 of H.M.Act, and sec.125 for your baby

 
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