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Nisha (Office manager)     28 July 2010

Divorce

My mom is living separately from my father, both of us as daughters got married.

She wants to get divorce from my father,as he is opposing for that.

He is a retired govt staff and my mom is a govt staff, she wants a clear divorce from my father. As he is not accepting, what is the legal step we have to take at this time



Learning

 15 Replies


(Guest)

Unfortunate case but since your kindself asked so to speak here is para 1 only as suggestion; 

1. Only one advise that is to get in touch with a seassoned Family Court Ld. Advocate who has put in 15 + years of experience in Family Court law.

If you re-read above you will understand why I specified the experience in years bze at such advanced age oldies look forward to hand in hand sunset watching however things unfortunately may not be rosy so what to do. 

1 Like

Daksh (Student)     28 July 2010

Ms.Nisha,

May I request you to give professional counselling a try. 

Best Regards

Daksh


(Guest)


["One of the foremost social institutions where men get a raw deal and that too, a visible one, is *MARRIAGE* – wherein men have only responsibilities and punishments to deal with; no peace, no rights and reviewing "grounds" for divorce at retiring age we call Justice to a women but what about giving justice to a retired men and where is equity in marriage and what story to give to next generation !."]

 

Nisha (Office manager)     29 July 2010

The reason behind this is, harassment, as myself and my sis"s marriage is a inter caste and inter religion love marriage, which my father opposed and my mother supported for that.

From the day he started harassing my mother using abusive language and also attacked her more violently stating that she is the sole reason for our marriages, at last when myself was there with her once in our home he tried to murder her like, keeping his hands in her neck, when suddenly I went there to see my mom, I fought with him very hard and took my mom with me to my home.

And after family members intermission, they are living separately now, even now he is calling my mom and scolding her badly , asking her not to give the home she owns to us and have to change that home in his name.

But my mom have already changed the home in our name, he called her and scolded her badly stating that he will meet her court.

As she s govt employee at the age of retirement she needs his signature for the pension and etc.

As retired person he owns a single bedroom flat in his name and also getting pension of Rs.10000 per month.

Kindly advice what has to be done in this case.

He is accepting to give divorce to her because, he wants to create problem at the time of her retirement , as she needs his signature.

Awaiting for your advice

Arup (UNEMPLOYED)     29 July 2010

SHE HAS TO APPLY FOR DIVORCE AT HER LOCAL FAMILY COURT / DISTRICT COURT. SHE CAN GET IT. PERHAPS YOUR MOTHER WANTS MUTUAL DIVORCE, IF HE UNWILLING THEN SHE HAS TO PREPARE AN MATRIMONIAL ALLEGATIONS AGAINST HIM U/S 13 OF THE HINDU MARRIAGE ACT.

IF YOU WANT TO KNOW ANY MORE PLEASE POST IT.

Arup (UNEMPLOYED)     29 July 2010

HE CAN NOT CREATE ANY PROBLEM ON HER RETIREMENT TIME.

THERE  ARE  GOOD CAUSES  OF HER DIVORCE..

PRAY TO THE COURT ACCORDINGLY.

YOU NARATE THE MATTER IN YOUR PETITION, AS STATED HERE, AND GIVE WITNESS IN FAVOUR OF HER.

IF HE IS TOO VIOLENT, DO NOT HESITATE TO FIR.

DV & 498A FIT TO HIM.

YOUR CASE REMEMBER ME TO KHAP PANCHYET CASES.

IF YOU ARE FROM HARIANA OR DELHI SIDE DO NOT HESITATE TO FIR IMMEDIATELY, STATING HIS VIOLENT ACTIVITIES.

HE SHOULD UNDERSTAND THAT HIS DAUGHTERS ARE ADULT; AND HAVE LEGAL RIGHT TO SELECT THEIR SPOUSES. THEIR MOTHER NOT AT ALL RESPONSIBLE FOR IT.

Arup (UNEMPLOYED)     29 July 2010

IT IS NOT A COMPULSION TO GET HIS SIGN AT THE TIME OF RETIREMENT. YOU ARE UNDER WRONG IMPRESSION.

IF THAT IS SOUGHT, SHOW OR PUT A PHOTO COPY OF THE FIR.


(Guest)

Fantastic Jai hon Indian Society !!!

 

1. Once upon a time with one "prime facie" statement of a women…. Pleader(s) popped up Judges gave verdict and Jury (society) is told you have no locus standie.

 


2. Once upon a time "prime facie" statement brings in a all-in-one Act, 2005 in “prime facie” motion and side dishes of other Acts are in “prime facie’ drafting stage. 

 

 

3. Once upon a time “prime facie” society says oh, these are one such “prime facie’ incidence and it does not “prime facie” affects society. It is women empowerment jai hon…..

 


4. Once upon a time a women's "prime facie" statement is “prime facie” expressed as “prime facie” wises to in-laws of other two women to accept as “prime facie” truth beyond doubt and set as “prime facie” warning if anything happens to my daughters now in your home see what could be “prime facie” done even at retirement age leave aside newborn “prime facie” stage.

 


5. Once upon a time “prime facie” a retired husband cum just a seed giver father with 1 single room and 10 K as “prime facie” retirement benefit is not even asked is any of these charges “prime facie” even half true.

 

 

6. “Prime facie” good that enough money to hire a lawyer he has and 1 single room is even better since now three women in his life “prime facie” never even will come and visit him.

 

 

7. Once upon a time “prime facie” what a gift husband cum father gave to himself with one ideal spoken in front of two females to his own family “prime facie” further made error in retired life thinking “prime facie” that the mother who gave birth would make some sense in two ladies to imbibe his “prime facie” ideals / principles into them so that history does not carry forward.

 

 

8. Once upon a time “prime facie” suggestion of marital counseling at such advance age of spouse is thought “prime facie” as waste of once “prime facie” time.

 

 

9. Once upon a time “prime facie” a father is told that you were just a seed giver. Shut up with your ideals and principals of your Ramayana and Mahabharata age and go and live “prime facie” in your 1 BHK flat but then same Ramayana and Mahabharta "prime facie" will not forget to quote.

 

 

10. Once upon a time “prime facie” a wife is left with a “prime facie” “counter blast” sought decree of divorce in hand as “prime facie” retirement gift clubbed with a flat early gifted out and two married daughter's matrimonial shared household to on and off shift as “divorced guests” to “prime facie” ideate away “prime facie” now a single women's retired life.

 

 

11. Once upon a time “prime facie” Son in Laws are told to shut up and now throw away their ideals if any and accommodate divorced MIL otherwise “prime facie”.....

 

 

12. Once upon a time "prime facie" statement of just ONE women ripples to two womens + another two womens (daughter’s MIL’s) = 1 isto 4 womens are effected “prime facie” in their own ways in longer run.


13. “Prime facie” side dishes affected are 1 (accused father) + 2 Son in Laws (who are silent spectators) + 2 FIL's (son's fathers who have no choice other than to start early counting their retirement benefits) = 5 accused prime facie living in fear for their rest of life all for ONE “prime facie” GOLDEN DIVORCE DECREE sorry to say I fudged some stats here and "prime facie" spoke up prematurely but I am a baby here nd "prime facie" even if I commit murder I am covered under Juveline Justice Act so to speak.

 

 

14. Once upon a time “prime facie” a small news appeared in some locality news paper that a retired senior citizen found hanging by milkman with some remains of 10 K in his pyjamas and no sucide note till date ever found but a WILL FOUND that says “prime facie” transferred this 1 BHK to my lovely kids whom I alwyas loved and wanted my ideals and principles to follow which sorry to say I committed sin kindly pardon me ........

 


God bless the same society which is well empowered "prime facie" now.

 

Sorry to say.......

 

Rgds.

Arup (UNEMPLOYED)     30 July 2010

........."prime facie"...........     ?????

Nisha (Office manager)     30 July 2010

Thanks frds,

As we have engaged a appointment with a lawyer for tomorrow, to see what has to be done next.

Will keep you posted on the issue.

I want my mom to live a peaceful life after what all happened in her life for the past 25years.

As for a your kind information my father loved my mother during her teenage and approched her family for the marriage, as he had lied his age difference of 10years to my mom's family, after marriage he torched her for the dowry and they were separated for 2years.

After 2years due to intermission of family members they started thier life newly, after I born and my sis.

Bcoz we both were daughters she was silent for the past 25years, due to the thinking of the society at that time, and tolerated his torcher.

Even now she was not ready till the incident happened which I mentioned above, after that she tought she cant lead a peaceful life in her 53yrs of age and of safety no assurance can be given to her life with living him alone.

Now she s staying alone as she is not comfortable to live with either of us, but we are very near to her , so that we can visit her daily to make her feel safely and we ll b there for her at any sitn.

Thanks frds....Just for your knowledge I have given all the above instances for your notice.

Arup (UNEMPLOYED)     30 July 2010

THEN WHY YOU RAISE ALL THESE QUESTIONS OF DIVORCE, TORTURE ETC?

MEET UP YOUR FAMILY PROBLEM WITHIN THE FAMILY.


(Guest)

Sh Arup ji

A Family Forum is bound to get questions asked by any new reader. After various views it is upto the reader to pick what is best for the reader and as a golden rule one is not supposed to end up a forum post with a "shut up" now message.

Rgds.

 

suresh (Owner)     09 November 2010

Is it possible to nullity a register marriage by forcebly, as i do wish to stay with my partner, due to their parents force she wants to nullify the register marriage.


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