thank you very much for your reply. r u a lawyer?
Philip (senior Executive) 06 September 2012
Thanks for your support. At least I got some rational feed back from lawyers.
Pushpinder Singh (B.Pharma, LLB) 08 September 2012
I am married with two kids 9 years and 3 years. I want to go for divorce on mutual consent but my wife is not willing for divorce. I have no interest in childrens.
Please suggest what to do
Prashant Ghai (Advocate) (PrashantGhai.com) 08 September 2012
@Pushpinder: You'll have to provide us with more details regarding your matrimonial problem. We can't advice you without knowng the facts of your matrimonial life.
vivek singla (self employed) 10 August 2013
My marriage date was 25/2/2011 at it was a simple marriage where around 20 persons from my side (Including driver, movie man, pandit) and around 50 members from girl side. In my marriage my parents in law hide the mental condition of my wife & which was highlight within few days of marriage from her behavior & her conversation & written diary of showing her relations with many persons in past. I and my parents talked with her parents about this and they reply that some times she feel tense and they talked with girl but after few days all things start going again. No husband wife relation made around 10 days from marriage and around 2-3 times she stay at my home. When I can’t understand her talking with me I record the conversation of my wife and me on mobile which in which she talk about her relations with different people and she wasn’t want to marry and her parents forcely marry her. She again and again insisted to left at her parents house and according to her wishes I left her at her parents house on 24/4/2011 (around 2 months after marriage) on that time her parents threaten me and my relatives that one of there relative is seesion judge and we will take you in false cases and spoil your life. Then I complaint about all this to SSP Sangrur on next day 25/4/2011. From where whole matter transfer to women cell sangrur and they called me and my wife around 4 to 5 time at women cell. I went there every time but she never came on calling them. Then I bring the whole matter in the notice of DIG Patiala and he refer the whole matter for investigation to SSP Sangrur. SSP sangrur send whole matter to DSP malerkotla and then SHO where they call both of us 4-5 times. I go there every time but she came only one time with a bundle of false allegation. When I didn’t got any solutions from this I file a case for divorce at ludiana. Here around more than 15 months are gone. When I go to court for divorce the court penalize me Rs.3000/- pm from my salary for maintaine her from my total salary of Rs.7000/- in keeping view my rented house & responsibility of my parents live with me. In my marriage total members from my side is 20 and from there side is around 50 but they reply in court that barat of 150 person and from there side only 50. I have movie and albumb of marriage in which total persons from both sides are around 70-75. I have enough evidence & they submitted in court like hand written dairy copy, audio conversion of us on cd & typed scriptt of that which I subm00itted in court. I have also reports of SHO, DSP, Women cell and SSP and compies of summons send to her by women cell time to time and her family members received those summons but girl never come to women cell (I got all these document by RTI) but all these thing are watching by court at the time of evidence & I have not got justice till that because all these things a time of around 2 years & 4 months spoil & how long is it, GOD know.
vijay (health and safety professional) 13 August 2013
On divorce from my wife under 'conversion' grounds, can i claim any % of my earnings i spent on the house i made on her land during the last 23 years?
i have a small piece of land with old house which i brought from my father after paying shares to my brothers. do i have to give 50% of this land also to my wife for divorce?
what can i do if she doesnt agree for divorce with an aim to prevent me from re-marrying and living a peaceful life?
she had filed a false petition 3 months back in the local police station, accusing me of torture and compulsion to convert to other religion and also alleges me of extremist connections which are all false. i am running the house even today and have records of money transfer to her from my account. i have spent more than 25 lakhs in last 5 years for our sons education as well as constructing the upper storey of the house. the house itself was constructed by me in 1996. will i have any right on this house or i will loose half of the land which my father gave me as well?
thanks & regards
Ratan (director) 09 October 2013
I have had a 7 year long marriage with 2 children. It was a mutually consented marriage and not arranged. But i have suffered pure apathy as a husband ever since and duties of a wife arent duly filfilled either. She is unable to take care of the children and i dont understand how i m to do so as i struggle for income outside. I am psychologically suffering everyday and with all the pressures and pure apathy from my partner i feel unable to continue this marriage. How do i set my case for divorce? I dont want my children to suffer but i cant go on this way.
Ratan (director) 09 October 2013
Also, My wife used to work regularly in a big firm in the initial years of marriage but left it as we had children. She is 7 years older to me and nearing the age of 40.
Sonia Verma (Lawyer) 09 October 2013
There are lot of people who are or have gone through similar case of false 498a, dowry and divorce petitions and they need good strategy and advice through legal professionals to prove innocence.
It is imperative to note here that 498a cases are criminal in nature unlike civil or family disputes wherein normal advice of civil lawyer may not be beneficial to achieve the end goal, hence you need advice from a expert criminal lawyer and get consultation from efficient Supreme Court or High Court lawyers who can actually give you good strategy to build your case.
The practical difficulty is such that it gets difficult to find a reliable lawyer on your own. However now finding a lawyer who has expertise in criminal litigation is not difficult.
You can go to lawkonect.com which specialises in providing expert lawyer consultations to people who are caught in false 498a or divorce or dowry cases quickly and efficiently.
Hope this information will help and will give better incentives to victims of false 498a better counselling and vigilant consultation experience.
All the best!
NeedHelp (I) 13 October 2013
Need your help. My marriage(less than 6 months in marriage) is on the verge of breaking because of my wife’s extra marital affairs. I have query on this law.
1. If property is on the name of me & my parents, still i have to share 50%.
2. If property is on the name of only my parents, still i have to share 50%.
3. If I transfer property to my sister which is in my name then i don’t think i have to share any thing right?
One more thing i forgot to mention if wife is at fault still she gets share? I have proof to prove my case.
BHARATI MITRA (ES) 15 October 2013
Hello Mr. Ghai,
Need your kind advise - one of my family friend is facing divorce litigation from his wife - husband almost a senior citizen, was on a very senior position but lost the job in his early 50's. Wife deserted him 5 years back, ransacked the house with all her belongings, all jewellery from the locker, withdrawn entire money from the joint account, took away even the silver gods from the house temple. Husband did not file police case since he knew that she was under pschiatrist treatment. She first filed maintenance case - withdrawn it in few months to return back to husband. Then filed divorce case after one year in 2011. Please guide as under
1. She has filed divorce case full of allegations
2. Filed interim maintenance
3. Filed petition for injunction on the only house in Mumbai - house only in husband's name since it was bought from his earning and company loan
Husband fullfilled his duties - gave the only daughter with world's highest education i.e. complete education in US - she is MD medicine in US.
There were few counselling since husband wants her back from day one. He is not in favour of disintergrating the family at this age when both are in late 50s. Since the wife is not ready for cohabitaion, he has filed RCR as counterclaim to divorce petition.
There were several change of Judges in the family court. There was a new judge in the last date where the interim application was taken. He gave some negative remarks against the husbands which we feel a Judge should not make in the Court room. He behaved very biased and anti-husband and is going to pass the order for Interim maintenance in the next date and both the parties have to submit their bank details in one of the in-between date.
No my query is - can he pass interim just on the basis of the bank details without any arguement on the application. Also can the husband appeal/bring stay on the interim order. Kindly guide what he should do. Please not he has only some small capital which he has saved before the year 2000 and need for his old age, there is so source of income since last 4 years.
Will be grateful if you can guide this elderly gentleman
Samir N (General Queries) (Business) 15 October 2013
"she is not entitled to ANY maintenance as she is well educated, hence capable of working, earning and maintaining herself." is a totally wrong answer.
Maintenance is a complex issue which is based upon a combination of many factors. For example, if she is "well educated, hence capable of working, earning and maintaining herself" and let us say earning as much as Rs. 1 lakh per month, does that mean she is not qualified to earn maintenance? Wrong. If her husband is making, say Rs. 25 lakhs per month then she would certainly qualify because she must have the same standard as she was accustomed to earlier. There are also other factors such as who is taking care of the children, other obligations if any such as parents to take care, mortgages to pay, etc.
I am requesting advocates here to refrain from giving half-baked advice without appropriate disclaimers. They mislead the person relying on it. Just give simple disclaimers such as "I am not certain but based upon the limited information you have given us, it appears that..." or something to that effect. General opinions are OK too as long as they are not wrong.
The tendency to shoot answers in a rush has to be contained. If I find any advocate giving wrong answers without appropriate disclaimers, I intend to file a complaint against that advocate in the Bar Council. Please be guided accordingly and start offering appropriate disclaimers, where applicable.
Samir N (General Queries) (Business) 15 October 2013
Adv. Ghai, I expect you to correct your answer on that question, clarify it and check the other answers you have provided for accuracy. Thank you.
Prashant Ghai (Advocate) (PrashantGhai.com) 15 October 2013
The answers provided on this forum, at least by me, are not to be taken as absolute. It is for a person to understand it and see if it applies to their case or not. There is only a limited about of information we can provide online based on the questions asked.
For an accurate response, an Advocate needs to actually have an in-depth discussion with the aggrieved person and also peruse any documents if necessary.
All queriers must understand that this forum is only meant for gaining basic legal information so that a person is able to understand his/her rights in a particular situation.
In my opinion, this forum should NOT be used to post and discuss a person's entire case history with a view to obtain pin point accurate advice on what he should do next. It is not possible. That's the role your Advocate plays. That's why you pay him.
Law applies differently to different people with different circumstances with different proceedings in court.
Coming back to the point about legal advice provided on this forum, at least by me. Although the legal advice provided is correct, but people other than the querier should take it with a pinch of salt as that advice may not directly or accurately apply to their case.
I'll request people to seek basic legal information on this forum and not use it to get 2nd, 3rd, 4th or even 5th opinion despite hiring an advocate for their case. You will only confuse yourself and waste your time.
If you trust your Advocate, then stop looking here and there. But if you think that he is not able to represent you properly, by all means use this portal to find an Advocate you feel comfortable with.
Also, if people are expecting to fight their legal battles on the basis of advice provided on online forums without hiring and trusting an Advocate. I think they've already lost half the battle.
Gurpreet Singh (Sr. System Engineer) 18 June 2014
Need your help. I got married 2 months back and we have lot of differences . I want to divorce her, its very difficult to carry on with this relationship. My Wife is working in an IT industry and she earn 10.5 lakh anually and my annual income is 12.7 lakhs. If I divorce her, am I entitled to pay any alimony/maintenance to her. Does she entitled to claim any share in my parental property(Owned by My Parent). I am living in state of hell would appreciate if I can get any help in this matter.
God bless all