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smille please (hr)     30 October 2014

Urgent pl..

Hi,

My husband who is working in usa for the 15 yrs as software engineer...got married,2000...son born in usa,2003....

2006 ,he sent both of us to india due to visa extension....

asked me to finish my sister in law marriage  mean time...

2007 asked me to put my son in india till he back to india....

2009 back to india,and stayed with us 2 motnhs....said, mid May will arrange visa&tickets for us...

mid April 2010 called us &said he laid off ,will get job in other location,. admission will be difficult. for my son.....

found new home,& asked me to stay at rental house with my son in india... ...

finally we accepted,hevisited us 2 times -2011...

2012  i asked him to bring back us to usa ,but he refused &he came to india again mid

september, 2012 filed divorce case against me in th ground of 13 ia &ib...cruelty &willfull dessertion for 2yrs....

i really shocked &fed up...

filed RCR in chennai... advcate said need to check his staus now....

he filed case in gudiyattam,vellore...

almost 2yrs, after filed counter, becoz of his non appearence, case is been dimissed  for defauit....

it happened march 2014....

again he restored &hearing started oct 17th...

he came to india for this hearing....my side council member went...

next hearing will be on nov 18th ...what to do....

i am helpless now...last yr may month onwards he stopped to send money to us....

my sister only helped me so far..

came to know that he is trying to sell our land which we bought  on last 2011 &  during 2000...

my son is us citizen....12 yrs old....

what step would be best for me to save my marraige life aswellas my son,'s life....

my advacate said file maintance,aswell as transfer case to chennai like that....

guide me pl...

 

 

 

 

 

 

 

 

 



Learning

 6 Replies

Krishna Gulagari (LAWYER)     31 October 2014

Yes  you have a chance to file maintenance OP & DVC and transfer the case to chennai.

AS   31 October 2014

What is reason for him to quit marriage, Means he was not happy with relationship.

Talk to him and sort out the issue , if things works then fine else make a move , No one can be forced in relation ...

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     31 October 2014

Hindu sages in most unequivocal and clear terms laid down that maintenance of certain persons is a personal obligation. Manu declared: “the aged parents, a virtuous wife and an infant child must be maintained even by doing hundred misdeeds.”[6]Brihaspati said, “ A man may give what remains after the food and clothing of family: the giver or more (who leaves his family naked and unfed ) may taste honey at first but afterwards finds it poison.” [7]According to the Mitakshara, “where there may be no property but what has been self-acquired, the only persons whose maintenance out of such property is imperative, are aged parents, wife and minor children.”[8]A person who involves in charity or dan at the cost of maintenance of his aged parents, infant children and wife is condemned by the sages; it is like tasting honey which turns out to be poison later. During the British period, it was a well established rule that the maintenance of the aforesaid three sets of persons was a personal obligation of every male Hindu.


(Guest)

What you have described does not match with whats in the divorce petition.


There appears to be something more than what meets the eye.


A 12 year old kid and divorce.  It appears to be a well thought decision.


Try talking to your husband and know the exact reason why he is doing so.  Are you sure that your husband is not hurt by your behaviour?  Is there no fault of yours at all?  Remember it takes two to tango.


You can file interim maintenance application along with 125 crpc application for you and the kid.


All the best.

T. Kalaiselvan, Advocate (Advocate)     04 November 2014

The divorce petition is devoid of substantial grounds or merits on his side.  It is just an ordinary petition for divorce without strong pleadings or reasons seeking divorce.  This can very well be contested properly and can get it dismissed.  Well, since the case is restored, it is better you file a petition seeking interim maintenance for yourself u/s 24 of HM Act  in the same court and for you both u/s 125 cr.p.c in the family court at Chennai,  at the same time you may a civil suit in the same family court seeking injunction against him from disposing the property under the grounds of your residential rights in it considering it as your matrimonial home.  You may discuss all these aspect elaborately with your lawyer and proceed as per your lawyer's  further advise.

1 Like

Krishna Gulagari (LAWYER)     06 November 2014

police registed a case u/s 306 IPC agaist  A1 to A5, the deceased is obtained hand loan from A1 and A5, A2 to A4 are working in same office, A1 is propriter of the  firm. the A5 is no way concern with this firm.  A5  mother is suffering form cancer due to financial crises he demanded the deceased to repay the his hand loan which he obtained in last year upon the A5 demand deceased committed suicide wrote a suicide note by unbeerable harssment by A1 to A5 he commited suiside. police collected the suicide note.                   now we file a anticepatory bail to A5 on which ground. If there is any judgements


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