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chandermohan (proprieter)     25 April 2012

Need advice

Dear Sir / Madam

                             We had some fight and my wife left our house and went to her parents house and is living there for last 4 months. This has happened quite a few times in our marraige tenure of 3.5 years but every time i use to pacify her nad bring her back. This time befor leaveing she had filled a police complaint against me and my mother, when we both parties wer called at poice station police listened to both of us and told her as well as me that these are small issue which are there in every household, over there she agreed to come back and told me to come and take her back after 2 or 3 days but latter denied. After this we had  Family sitting were every time she use to agree but latter use to deniy. Now she does not pick up my phone and they dont allow me to meet our Daughter who is 7 Months old. I dont know they are upto what and now she has started putting up alligations that  she is afraid that my mother will kill her and our Daughter. I want to know that if she stays there for 6 months then wether she is eledigable for divorce as i dont want to give her divorce and wether she can force me to give divorce on the ground of that we are living separately for 6 month. Is there any way through court that i can get some orders by which i can meet our Daughter. Please advice me.

Thanks & Regards

Vivek Malhotra



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 10 Replies

Anjuru Chandra Sekhar (Advocate )     25 April 2012

If you don't agree for divorce there is no way she can get divorce even if she lives separate for 3 years. If you want visitation rights of your child the way of file a petition for restitution of conjugal rights under HMA and pray the court to issue interim orders under Section 26 of HMA to grant visitation rights pendente lite.

1 Like

Deepak Nair (lawyer)     25 April 2012

I too agree with the advise of Mr.Chandrashekhar

1 Like

chandermohan (proprieter)     25 April 2012

Sir i would like to know that will court call my wife before giving visitation orders as now they have started blaming me also that she is afraid that i can do anything to her and our Daughter.

madhurima samanta (na)     25 April 2012

Dear Sir,Madam

My father (72 years )is currently living wth his son and his daughter in law who are troubling him and my mother a lot in our house.The property in whole is in the name of my father who is the head of the family.Unfortunately the family side of my sister in law is also involved in the dispute and are pressuring my father who is old and sick to write off the whole property in the name of my brother.However, my father is unwilling to part with the property and is refusing to give any portion of the property to my brother.They are alo threatning  my father and mother with dire consequences.My father have also reached the local polics station and has filed a diary .The police officials have asked them to repot the case to 2 other nearest police staition including them.

My question is 1)Can they take whole of the property forcibly from my father.?

                           2)my father has already asked them to leave the house but they are not moving out of the house at all .So what can be done  to evict them of the house.can it be done legally like with the help of the local police?

                   3)and also what are the steps that can be taken without taking the matter to the court?

                                 Please kindly advice.

manish (cdsdfasd sdf)     25 April 2012

@vivek,

 

file case under guardian and wards act. you will get visitation usually it takes 3 to 4 months. you have to file this case at the place ur "abla" wife lives because thats where ths child is.

RCR is useless in this day and age and moreover the court will ask you - you want to bring your wife maybe because she is very good and you are the one who is wrong.. What will you do then?

divorce is extremely difficult to get in india.

be wary of your wife. if they are talking to their advocate, chances are the advocate will give them bad advice about putting 498a or dowry case - easiest way to harass any dog, cat or human being.

manish (cdsdfasd sdf)     25 April 2012

@madhurima,

your father should legally go and kick ur brother and SIL out. They cannot live in your father's house without his permission. as things stand better get legal advice fast and proceed.

manish (cdsdfasd sdf)     25 April 2012

@madhurima,

 

also since your father is a senior citizen, he has got wide ranging legal support under "senior citizen act"

umapathy C (senior manager)     26 April 2012

Whether the succeession certificate issued by a competent court here in India  can be resealed by  a British court  for implementation (payment of diseased's estate) or not.
If resealing can be done which court at UK has to be approached?

chandermohan (proprieter)     26 April 2012

Dear sir,

             Can u please tell me that how much time is taken to get orders of visitation from tha court and approx what should be advocate's  under section 26 A HMA and if i file application incourt for visitation can court also deny.Waiting for ur kind advice

Thanks & Regards

Vivek Malhotra 

chandermohan (proprieter)     26 April 2012

Originally posted by :vivek malhotra
"
Dear sir,

             Can u please tell me that how much time is taken to get orders of visitation from tha court and approx what should be advocate's fees  under section 26 A HMA and if i file application incourt for visitation can court also deny.Waiting for ur kind advice 

Thanks & Regards

Vivek Malhotra 
"

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