Civil Procedure Code (CPC)

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Karthik   09 June 2016

Seeking lawyer opinion for a family predicament - reg.

Respected Lawyers,

I seek your kind legal advice for my brother-in law family predicament.

He had got married in December 2013. Since the couple was employed in Chennai, They were staying in the middle place where the couple (Boy – HR Professional in a Manufacturing Firm, Girl – IT Professional)themselves were managed the travel distance equally and enjoyed their life happily. During September 2014, Both had undergone fertility tests and problem (Azoospermia) found with the boy. As per the doctors advise, My brother-in law was asked to limit the travel time and undertake the treatment. Due to the official reasons, He had flown over to other state and made his mother-in law to stay at his home for his wife safety. After the ten days trip, His wife forced him to take a house nearby her office which led him to travel 70 km (to and fro) everyday to his office. In the mid time, he had taken treatment and was not much successful as the daily travel hours consumed more than 5 hours in a day. In the mean time, He had arranged a job for his wife nearby his companies through his known sources and she had refused the same. Considering the treatment and happy living with his wife, My brother-in law had taken best effort to find out suitable job nearby his place and all he had in the same distance only.

Before that, During Dec 2014, His wife brother had stayed in my brother-in law house for about 6 months and hindered cleverly his wife like “Is this life you are living?; We cant show our face outside due to your infertility? Etc., Previously The wife brother got marriage engagement in Nov 2014 and upon the request by the wife, My brother-in law accepted to accommodate him at his house. Then he got married in May 2015, shockingly he had informed to all of us that he is not happy with the marriage life due to her habits like waking up lately, Keeping food in the refrigerator and serving in the next day morning and other silly reasons. I had called him personally and counseled that you had enough time i.e, six months, for getting married to discuss with your life partner freely and now you are refusing to live with her. This is the greatest sin to a girl by you. And I requested him to withdraw his divorce application and he had not agreed. Later he had bought a house in our nearby places and expected, the house handing over date was approximately by May 2016.

In Dec 2013, The wife was earning Rs. 15K per month and due to my brother-in law continuous positive support, she had reached very high level (from Executive to Reporting Manager) now within short span of time. i.e, Rs. 80K per Month. During these days, he had not received any amount from the wife and she requested to save this for their child education in future. The entire family expenses from House rent (Rs.12K), and all other family requirements are satisfied by my brother-in law earned salary alone.

Now her total savings are reached more than 10 Lakhs and this had hindered her family. As the wife brother is undergoing with the divorce processes and upon the request by the wife, He was staying in my brother-in law home for the last 45 days. In the mid time, He had collected all my brother-in law medical reports and shown to a lawyer for applying divorce to the wife too. Since my brother was travelling almost 70 Km every day, he had reached home around 9.30 pm only and the wife brother made all those arrangements in the evening time.

Due to his perseverance, he finally had found suitable job nearby his home during May 2016. The wife said to my brother-in law that she wants to stay in her mother home for 10 days and my brother-in law took her and safely reached her at the native place. All of a sudden, The wife family had called my brother-in law family and asked to arrange for a family discussion within two days time. During the discussion going-on, The wife father had said that we had waited for 1.5 years and no positive improvement in your son medical processes and hence we will mutually be separated. This had very severely affected my brother-in law family. Basically, My brother-in law family having high reputations in their place and totally disappointed the way of the wife family announcing these very cheaply.

The wife is too adamant to get divorced. Last may end, her birthday had fallen and she had shown positive response to him for living together. But her family is not totally confusing her and forcing her to apply for mutual divorce. Also her family is threatening my brother-in law family that you have another younger boy in your family and let us see how you will arrange marriage for him without signing the papers.

My Brother-in law is very firm in living with his wife and requested his wife to drag this matter for another one year. After one year too, if  she is in same dilemma, we will consider your request. But the wife family is forcing notoriously and threatening us to sign within 3 days time.

Presently the wife is living at his brother new home and resuming to office. When my brother-in law tried to reach his wife to meet at his home, the wife brother is treating my brother-in law very badly.

 

Requesting you to provide appropriate legal opinion for the following from the above;

  • Is there possibility for getting a family counseling legally?
  • Since my brother-in law had taken treatment with one lawyer, can he get a chance to prove himself by seeking second opinion?
  • Incase they send legal notice, Can he drag for two years time? He had enquired some siddha and ayurvedic experts in Kerala and believe this can be cured.
  • Is there any possibility to live with his wife? If not, Can the lordship direct her not to stay at his brother home and stay in hostel? My brother-in law feels that if she has some space, She can think and can be back normal. Actually till May 2016 end, The couple had enjoyed at the most and visited many places etc.. Hence he seeks to opt this question?
  • Can he apply for Habious corpus petition?

Thanking You,

Karthik.



 14 Replies

Mrs. Bakshi (Social Studies Reader/Worker)     09 June 2016

Wife wants divorce?  Husband can drag case for some time for  sure.  Meantime what if wife wont cohabit with husband?  Court cannot make wife come and sleep beside husband when she is not interested.

This husband as asoospermia, (less sperms) if she takes divorce and marry, what if she herself not able to concieve due to age factor or again get asoopermia husband no.2 ?

Why cant the couple go for IVF treatment with donor sperm? Why cant the couple go for adoption?

Finally if one does not want to continue with marriage, court cant do anything but grant divorce.

Karthik   09 June 2016

Dear Bhaksi Mam,

My brother-in law is ready for IVF Treatment. Initially the wife too agreed. Later the wife family intervened and threatened that if she undergone IVF Treatment, It will affect her health and the baby will be unhealthy.

These flimsy reasons are confusing her and decided her to go with the family decision.

Request your further guidelines to move further.

Regards,

Karthick.

Mrs. Bakshi (Social Studies Reader/Worker)     09 June 2016

Originally posted by : Karthik
Dear Bhaksi Mam,

My brother-in law is ready for IVF Treatment. Initially the wife too agreed. Later the wife family intervened and threatened that if she undergone IVF Treatment, It will affect her health and the baby will be unhealthy.

These flimsy reasons are confusing her and decided her to go with the family decision.

Request your further guidelines to move further.

Regards,

Karthick.

Be it man or woman, if one of them does not want to continue in marriage, nobody can do anything, her family supporting her for divorce etc is all a flimsy excuse, she herself dont want to continue, usually women put blame on others, soceity etc when they dont want to continue marriage.  That is normal tradition what girls/women follow in our society.

 

There are scores of men who simply lead married liefe even if wife not able to concieve, and vice versa. Dont they lead married life?  They do. Marriage is being there for each other, no matter what.  If that attitude is not there in either husband of wife, what can court do?  Ultimately one day or other court will grant diovrce.

 

I advice you to stop tinking about this, and go ahead with divorce, find someone else who can be there for you no matter what, irrespective of child or no child, go for adoption, give life to some stranger who will reciprocate your love and feelings than waste time on this useless woman.

Mrs. Bakshi (Social Studies Reader/Worker)     09 June 2016

Social studies is my favorite subject as teacher.

You need to have attended moral science classes but not motivational classes.  You need to attend one of my motivatinal classes/

 

No point in thinking.  You cant move a inch of grass by thinking.  She does not want you, you find someone else, you are acting as if she is the last woman on earth and having kid out of wedlock is the last big thing anyone could achieve.  Set your sights high.  If you r taking treatment, continue.  This woman dont have patience, who knows you might become alright by ayurveda or unani treatment?  You meet someone else down the line, then try again, if pregnant get another lady well and good for you.  Be positive.

 

 
 This headache woman if she goes off like this calm and quiet fine, what if she files one dozen false cases as you are not wiling to give divorce to her?  Then you will be left fighting with legal system, lawyers, courts for another two decades even after divorce is granted.  Best is MCD, without paying a penny to her in the way of permanent alimony.  Terms of MCD be drafted carefully by seeking help of good criminal and family lawyer localy.

Karthik   09 June 2016

Dear Bakshi Mam,

My Brother-in Law still is having hope to live with her. Thanks for your guidelines.

He feels that his wife is his life and he cant imagine his life without her. Because all these happened to him all of a sudden without giving any clues. He is in highly confused stage. Even he cant believe how his life will move on further? 

He still believes that if she has some space, she can come again. Request your opinion to drag incase they send legal papers.

Regards,

Karthik.

Karthik   09 June 2016

Respected Lawyers,

 

Looking for advise from you. Please support. Based on your suggestions, I will guide my brother-in law suitably. Please support.

 

Regards,

 

Karthik

Vakalath (Vakeel No. 1)     09 June 2016

If she file for divorce, contest it, tell judge that you are not willing to give divorce to her, and are interested in continuing with her.  If you simply want to while away time, then it wont be of any use.  Genuinely try to settle matter, talk to wife and make her come back, keep trying for child, if she becomem pregg, then automatically she will stop doing all this.

 

Agree with Mrs Bacsi adivce too.  No point in wasting time as wife does not want you .

Dana Kayoni (Expert Humanitarian and Lawyer)     09 June 2016

File RCR.  adopt a watch and wait policy. Meantime talk to wife see what she tells.  If fall on deaf ears, no use.  Take divorce.  Be happy.

Eerangere Sana (Excellent Lawyer)     09 June 2016

If she left you and went file RCR petition.  If she dont come back wait one year, then file divorce.  If she file divorce, u dont wnat to give.  Dont give, court wont give divorce to her.  She max can get into live-in relations.  Follow above advices also as they are correct too.

Dr Martin Campbell (Doctor)     09 June 2016

I can help you with a referral if you happen to contact me via PM.  

Karthik   09 June 2016

Respected Dana and Sana, Thanks for your wonderful support.

My brother-in law was living happily with his wife. This decision is especially suggested by her parents. Every family has their own problems and solutions. Since the marriage was an arranged one, Both the elder family members should discuss and find out the solutions. So many technologies are available in the modern world. Leaving all these, all of a sudden, her parents are forcing to recieve MCD immediately. 

 

Hence i had posted you the experts. Now i have a confident and advise my brother-in law to drag this for an year. Even after a year, this continues, then we will give the wife family expectations.

Let me arrange for RCR and adopt Wait and watch policy.

Hope i am moving forward positively. 

Expecting more experts opinion as your valuable suggestions / advise will save / give a life to a happy couple.

 

Dear Dr. Campell, Pls share me your contacts. I will reach out you.

 

Regards,

 

Karthik.

Karthik   11 June 2016

Respected Lawyers,

I wish to add further to the above.

Recently my brother-in law went to see his wife at her brother house where she is living currently. He had refused to allow my brother-in law to see his wife and using some filthy words which had hurt him a lot. My brother-in law believes that if he has a chance to his wife, he can speak to her and convince. 

Considering the above, Requesting guidelines from you experts to move further.

Regards,

Karthik.

Dana Kayoni (Expert Humanitarian and Lawyer)     11 June 2016

Originally posted by : Karthik
Respected Lawyers,

I wish to add further to the above.

Recently my brother-in law went to see his wife at her brother house where she is living currently. He had refused to allow my brother-in law to see his wife and using some filthy words which had hurt him a lot. My brother-in law believes that if he has a chance to his wife, he can speak to her and convince. 

Considering the above, Requesting guidelines from you experts to move further.

Regards,

Karthik.

Shanvi, who plays Sita in “Siya Ke Ram”, fainted on the set of the popular mythological show here while shooting. Madirakshi was shooting for an upcoming important sequence despite ill-health. The entire crew immediately ran to her help and a doctor was called to attend to her.

“The temperature in Hyderabad is currently unbearable. The heat has been taking a toll on the entire unit. Even though we’ve been shooting indoors, it is very hot to survive,” Madirakshi said in a statement. “I had already been very weak due to the hectic schedules and so when the doctor came to check on me, I wasn’t surprised about him telling me to be only on bed rest and not exert much.

Season 1

Janak is the childless King of Mithila. While Mithila has suffered drought for 12 years, elsewhere Ram and his brothers are under tutelage of Guru Vashista. Janak builds a golden sickle and unearths a baby girl as he begins to plough. The baby's first cry leads to rainfall. Janak wants to find out whether or not the baby has a family. He is shocked to see the baby lift the Shiv Dhanush. Rishi Yagyavalkya suggests to keep the baby and Janak names her Sita.

 

It is shown that after 8 years Sita and her sisters are playing the act of Goddess Durga who destroyed a Rakshasha. Soon, afterwards Sita comes to know about Gautama Maharishi and the curse he gave to his wife Ahilya. Meanwhile, King Dasharatha is travelling to Guru Vashistha's ashram to see his sons and get's inspired by Ram. Ram comes to his kingdom and meets his mothers. Meanwhile, he comes to know that he has an elder sister called Shanta.

 

Season 2

Later it is shown that both Ram and Sita have grown up. In Ayodhya, King Dasharatha conducts the Ashwamedha Yajna for the well-being of his sons and his kingdom. While travelling towards Mithila, Sita dares to stop the ceremonial horse and comforts it. After coming back Ram tells not to kill the horse but spare its life.

 

Guru Vishvamitra take Ram and Lakshman from Ayodhya to destroy the demoness queen Tataka. Sita and her sisters also travel to see Guru Vishvamitra and give Lakshman the food. Soon Taraka and her son Subahu is killed by Ram and Lakshman. Guru Vishvamitra tells that he wants to take both of them to Mithila and seek the blessings of Shiv Dhanush. While travelling to Mithila he sees Rishi Gautam and Ahilya's ashram and cures her curse. Gautam Rishi seeks his greatness to Ram. Meanwhile, Sita comes to know about her birth. Sita has fallen in love with Ram without seeing him. Ram comes to Mithila and they both meet for the first time at the Gauri temple. Soon after Sita's Swayamvar is announced. Lanka king Ravana's grandfather and minister Malyavan travelled to Mithila to see the greatness about the kingdom and argues with Sita. Then he says to Ravana that Taraka is killed.

 

Season 3

In the swayamvara, nobody is able to lift the Shiv Dhanush except Ram. Ram's marriage is fixed with Sita. On the other hand, Ravan is angry that he was unable to lift the Shiv Dhanush and Janak has insulted him. So he vows to avenge the king. Afterwards he comes to know that he will die because of a woman. Ravan remembers the day he tried to force himself upon a chaste woman, Vedavati. She had then cursed him that the cause of his death will be a woman. Remembering this, Ravan goes to Yamlok, the abode of Yama, in the hope that if he keeps Yama under his thumb, he can elude death. However, Goddess of Death Mrityu Devi appears and a terrible fight ensues between her and Ravan. Ravan soon gets overpowered. Ram and Sita gets married along with Ram's brothers and Sita's sisters(Lakshmana-Urmila, Bharatha-Mandvi, Shatrughan-Shrutakirti). Meanwhile, in Lanka Mandodri gets worried about the death of Ravan and decides to seek help from a Vishnu devotee. Mithila bids farewell to Sita and her sisters.

 

Mandodari tells her father Mayasura that Ravan's life is in danger, but he refuses to help. Her mother, however, guides her in getting the Amrita. Mandodari goes to Chandralok to get the Amrit kalash. Vibhishana warns Mandodari that Ravan should not find out about his immortality. Mandodari succeeds in her plan of making Ravan immortal. Elsewhere Ram, Lakshman, Bharat and Shatrughan reach Ayodhya with their brides. Kaushalya, Kaikeyi and Sumitra welcome them. An Aghori predicts Manthara's future and tells her that she will be thrown out of the palace. Ravan challenges the gods to stop him from conquering the world. Ravan confronts Surpanakha for marrying a demon, Vidyutjivah. Meanwhile, Bharat and Shatrughan set off to meet Ashwapati.

 

Season 4

Dasharath announces Ram to be his heir to the throne. Kaushalya, Sumitra and Lakshman are ecstatic to know that Ram will be crowned the king of Ayodhya. Manthara is determined to stop Ram from becoming the king. Manthara reminds Kaikeyi about Dasharath's promise to Ashwapati. She tells Kaikeyi about Dasharath's conspiracy against her. Kaikeyi decides to stop Ram's coronation. Kaikeyi reminds Dasharath about the boons that he had gave to her. He promises to fulfill two wishes. Kaikeyi tells him to crown Bharat the king of Ayodhya and send Ram into exile for 14 years.

 

Dasharath hesitantly agrees to crown Bharat the king and send Ram away. Sita urges Ram to take her along with him. Urmila supports Lakshman's decision of accompanying Ram. Ram leaves Ayodhya on his exile with Sita and Lakshman. Bharat and Shatrughan receive a message asking them to return to Ayodhya. A grieving Dasharath passes away. Sumitra blames Kaikeyi for his death. Bharata asks Mandvi and Vashistha about Ram. When he learns about Kaikeyi’s misdeed, he blames her for Dashrath’s death. He confronts her for her actions against Ram. Bharata refuses to become the king of Ayodhya. Bharata and Janak decide to bring Ram back to Ayodhya. Kaikeyi is grateful to Janak for reminding her about her love for Ram. She requests Bharata to take her along with him to meet Ram.Ram is depressed on learning about Dasharath's death. Bharath requests Ram to return to Ayodhya, but he refuses.He tells Janak that he will not return because he wants to fulfil the promise he had made to Dasharath. Bharata asks Ram for his sandals. Bharata places Ram's sandals on the throne. He apologises to Vashisth saying he cannot take over Ram's place. Shatrughan confronts Bharata for his decision of becoming a tapaswi. Bharata assures Kaushalya that he will stay near Ayodhya. He asks Shatrughan to help him in keeping his promise to Ram to take care of Ayodhya. Lakshman tells Ram and Sita that Goddess Nidradevi has given him a boon to stay awake so that he can serve them. Lakshman's request, Nidradevi has given his share of sleep to Urmila, until he returns to Ayodhya.

 

Season 5

Ram conveys to Sita about his wish to protect the Rishis and people from the demons. Sugriva tells Hanuman about Roma. Hanuman conveys to Roma that Sugriva loves her and wants to marry her.Bali decides to get Sugriva married to Roma. Ravan decides to send Khar and Dushan for contoll in Dandakaranya. Surpanakha insists Ravan to let her go to Dandakaranya. Malyavan shares with Meghanad, his plan to take over Kishkindha. Dundubi comes up with a plan to kill Bali and Sugriva.Dundubi disguises as a buffalo and battles with Bali. Bali kills Dundubi. Rishi Matang curses Bali for breaking his meditation. Ram kills Ravan's soldiers and saves the residents of Panchvati. Surpanakha falls in love with Ram. Mayavi decides to take Bali to the Rishimukh mountain. Bali follows Mayavi into a cave and asks Sugriva to wait outside until he returns. However, Sugriva is shocked on hearing Bali's screams.he closed the mouth of cave by a big stone as he assume that Bali was killed by Mayavi.Sugriva suggests that Tara make Angad, the king of Kishkindha. Surpanakha urges Ram to marry her but he tells her that he is already married. Surpanakha plans to prove herself better than Sita. Ram gets irate when Surpanakha comes to him dressed like Sita. She attacks Sita. Lakshmana cuts Surpanakha's nose. Surpanakha asks Khara to kill Ram, Sita and Lakshman. Khara attacks Ram with his asuras. Ram kills Khara and Dushan by using his powers. Shurpanakha reaches Lanka, tells everyone about the attack. Surpanakha asks Ravan to avenge her insult by Ram. Ravan decides to punish Ram for his deeds. Sugriva's coronation ceremony begins. Hanuman crowns Sugriva as the king of Kishkindha. A furious Bali returns to Kishkindha and attacks Sugriva for locking him up in the cave. Hanuman rescues Sugriva from Bali. Ravan got information about Ram and that Sita is Ram's weakness. Ravan decides to abduct Sita. Ravan tells Marich about Surpanakha's humiliation and seeks his help to avenge her insult. Hanuman takes Sugriva to Rishimukh mountain. Marich disguises himself as an injured golden deer to distract Ram from Sita and leads him far into the forest. Sita sees the injured golden deer and tells Ram that she wants to cure it. Ram tells Lakshman to stay with Sita while he goes to bring the deer.Meanwhile, Hanuman tells Sugriva that Bali has made Rumā his slave. Hanuman tells Sugriva that he will seek help from the other kings to defeat Bali.However, he is shocked when Marich calls out to Sita and Lakshman in his voice. Sita is worried on hearing Ram's cries. Marich apologises to Ram for his misdeed and dies.Sita orders Lakshman to go into the jungle to look for Ram.Lakshman hesitantly agrees and draws a powerful line Lakshmana Rekha which no immoral creature could cross to protect Sita, but tells Sita not to cross it or the power would go. Lakshman leaves. Ravan disguises as a sage and tricks Sita to cross the Lakshmana Rekha line. Sita tries to run but he ends up abducting her. On the way to Lanka,Jatayu tries to save Sita but Ravan cuts off both his wings. Sita then throws her jewellery to the ground hoping Ram will see it as a sign.Sita tells Ravan to kill her and avenge himself.Ravan kidnaps Sita and takes her to Lanka.

 

Season 6

Surpanakha is delighted to see Sita in Lanka. Later, Ravan stops Surpanakha from attacking Sita. He tells her to keep Sita alive, until he avenges her insult. Ravan's mother Kaikesi tells him that he should marry Sita as she is a powerful women instead of treating her badly. Sita finds her place in the garden of Lanka and refuses Ravan's proposal saying that she is always gonna love Ram and never be unfaithful to him. She decides to wait for him or her death.Meanwhile, Ram comes to know about the abduction.

Mrs. Bakshi (Social Studies Reader/Worker)     11 June 2016

Originally posted by : Karthik
Respected Lawyers,

I wish to add further to the above.

Recently my brother-in law went to see his wife at her brother house where she is living currently. He had refused to allow my brother-in law to see his wife and using some filthy words which had hurt him a lot. My brother-in law believes that if he has a chance to his wife, he can speak to her and convince. 

Considering the above, Requesting guidelines from you experts to move further.

Regards,

Karthik.

You want someone to accompany you?  Shall I come with you?  I can bring my samaj seva women with me.  That cost 15000/- in around Maharastra.  Outside city, it cost more, call me for details.  We come with brooms, hammer anyone who oppose.  local TV channel coverage rate extra discuss in person.


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