Upgrad LLM

please guide


I am a divorcee and have just mother at home. Have younger sister too but she is married. We are looking for proposals for my second marriage and since I had a bad experience earlier, would like you expert advice on the below facts:

1. I am staying on rent and it is the pre-condition from most of the bride's family to have our own home before going for marriage. So thought of purchasing a builder floor.
2. I have taken a personal loan and gifted it to my sister. Rest she has taken an home loan to purchase a property. The property is not in my name however will be used by me after my marriage. The rental payments will be used by my sister to disburse her loan.

Though I am positive in restarting my life however still have fear due to biased laws. In the above light, please advise:

1. In case if the things don't go well, will my future wife demand any residential rights in a property that is in my sister's name.
2. Since I have taken a personal loan before my marriage, will my EMIs be considered before awarding any maintenance order?

Appreciate your expert guidance.

 
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Bangalore

Originally posted by : prakashmehra

I am a divorcee and have just mother at home. Have younger sister too but she is married. We are looking for proposals for my second marriage and since I had a bad experience earlier, would like you expert advice on the below facts:

1. I am staying on rent and it is the pre-condition from most of the bride's family to have our own home before going for marriage. So thought of purchasing a builder floor.
2. I have taken a personal loan and gifted it to my sister. Rest she has taken an home loan to purchase a property. The property is not in my name however will be used by me after my marriage. The rental payments will be used by my sister to disburse her loan.

Though I am positive in restarting my life however still have fear due to biased laws. In the above light, please advise:



Appreciate your expert guidance.

hello Prakash Mehra, 


There have been so very good movies which you have directed, Amitabh Bachchan swears by your name even today :-))

 Look, as you have so many fears about above getting married again, you better not get married.  99% success of marriage depends on how your approach towards marriage is, as you think that you will have problems in second marriage too, you will surely have more problems in second marriage than what you had in first marriage.  

Getting married is like searching black cat in dark room, you may get it or you may not get it, if you get it it may scratch you, bite you, all depends on your fate.  With preconcieved notions like this, its better that you stay single, go for adoption, you will give life to a kid, think of being of service to mankind, than to serve just one woman.

 

1. In case if the things don't go well, will my future wife demand any residential rights in a property that is in my sister's name.

Then ghoomo court, agle 7-8 years.  And if your fate is doomed, your wife will file criminal cases on you, as if one was not enough you will roam to court coz of second marriage, and will never sleep peacefully and also let any of your family members be peaceful especially age old parents.  Warrant issue, NBW, going absconding all this will happen.  Again pay fees to lawyer.  Go stand in court hall doors as if you are watchman.  But wherever you are sister house or mother house of father house or friend house, wherever you are wife can get residential rights u/s 19, 23 of PWDVA 2005, and you cannot do anything about it.  It will be legal entry with police protection.

 


2. Since I have taken a personal loan before my marriage, will my EMIs be considered before awarding any maintenance order?

income minus expenses = take home income on which 1/3rd will be calculated as maintenance.  


Only way to avoid problems with wife is:  Adjust with her.  Come what may, dont let things go haywire.  At all times tell OKAY, OKAY and act according to wishes of wife and her parents.  Thats the best way out for everybody, your wife wont complain, your inlaws wont complain, and eventually your parents will also be happy, you will have married life.  Stop expecting a wife who will be like your mom, today's girls will revolt, will question, will make their own rules, look at you, you wear pant, look around, girls also wear pant, so its time for man to wear frock, that time has come.  So you better think deeply before taking decision of getting married again.  Only if you can handle wife, marry, or else dont marry.  


 
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Business

If you are planning to enter into a marriage with such trepidation and concerns, then your marriage will most likely head towards another divorce. If you find the need to take such drastic steps to protect your assets or income, then you ought not get into a marriage in the first place. You will make life hell for your wife and she will reciprocate in kind making it miserable for you to communicate with her. The entire relationship will be based upon a lack of trust.


It is a better choice to remain a bachelor and accept the pros and cons of the choice until you meet someone special who makes you think beyond material things. If you don't meet someone special, stay single. The second time around, stay away from arranged marriages. Marry with suspicion in the background and hell will display itself in all forms - for both of you. 

 
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Manager

First of all be positive. Already your thoughts/predictions are in future.

Just some thoughts –

Write a prenuptial agreement again shows lack of trust.

First write down what are you expecting from her?

Get a thorough back ground check. See what she is expecting and move on.

 

Wish you Good Luck!!!

 
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Many thanks to Helping Hand!, Samir N and SuperHero :-)

It is not that I am negative but want to move with a precautionary approach. The risk is there whether it is first, second or third marriage.

Getting married with a divorcee who has already scooped her previous family, it is not comfortable for me to trust anyone easily and it will be very difficult to know her past. And decisions cannot be made solely on her past. We do have different emotions for different persons. Trust will take it's own time.

I have not taken even a single penny in my previous marriage but when things gone wrong, there were lot of false allegations and a long list of articles which were never given. Though the matter was sorted mutually and we amicably had taken the divorce however it left scars.

I am ok with giving my 100% but as earlier mentioned I feel very bad when a girl wants to marry salary packages and properties. What she has contributed in acquiring all this? I only can feel how much I have contributed to be here where I am.That's why want to park my hard earned money for the sake of securing my widow mother financially. Life is uncertain and there is no one except me for my mother. After marriage whatever I will be having will be for my future wife. This time I want to have a court marriage, where it should be clearly mentioned on the affidavits that no dowry was demanded/exchanged and there was no streedhan that she will be bringing.

@ Helping Hand! - When you say that she can residential rights wherever I will stay. It is my duty and responsibility to provide her the shelter however how can court attach third party's property.

Also when you say the maintenance will be income minus expenses. Will my EMI will be considered as expense? Actually I am earning 60000/- and my EMI will be 20000/-. 

Please show some light on the above facts.

Many thanks in advance !!

 
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Experts please guide me
Need your suggestion that in D.V amended application my ex wife filling false affidavit that she is not working nor she has any skill to work, and she is running her sisters beauty parlour should i go for perjury case against her. have proof she is working also in our marriage nikhanama her age is mention 19 years in 2001 year
Now her amended D.V application she mention her age is 29 in 20th Nov 2014. its means when she married to me in 2001 her age was 13 years was she under age at time of marriage , this information is useful in D.V pls let me know what i can do.
 
She don't have birth certificate, she haven't been to school now she is saying 8th standard pass this all information she is given in affidavit Examination-In-Chief 
before taking any action i need your guidance and permission too.
need citation also from your side so she get punishment ASAP 
 
Also i divorce her as per Muslim personal law having legal opinion certificate from the scholar.
we are not living together from last 14 years.
earlier she filled 3 cases which is dismissed by the magistrate due to not attending and wanting of prosecution after finishing the case she filled another one all are dismissed including 498A now she filled D.V in 2010 and mention story is that we have thrown her out of the house in 2001
 
Waiting for your reply  
Thanks & regards
Azam Shaikh    

 
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Manager

@Azam Shaikh - Please open a new post. Every one has there own problems.

 

 
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Hi sir this is not the right place to post ? 

 
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Sorry dear by mistake i have post here 

Thanks

 
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My query got hidden due to some confusion :(

 

Please do not ignore and enlighten me.

 
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