Anonymous
23 March 2022 at 13:44
Arrears of approximately 2 lakh was pending toward maintenance by husband’s before high court in appeal for petition of divorce. But during the course of litigation wife dies and she was not having any child when she died.
Now who can get the arrears as she was living with her parents during the course of litigation or the petition becomes infructuous ?
Baiju Mehta
22 March 2022 at 12:28
Dear Lawyer
This is not a query.
I want help (of course paid) to get a court order copy at reasonable charges from Surat City.
Looking for a lawyer who can do this job.
Please contact me
Anonymous
22 March 2022 at 06:16
Sir,
My wife leave me taking my 5 year old son and living with another men.
She did not care my son, didn't give adequate food to my son and refused to send my son to school. As per my in-laws, my son is always crying for food. Till date my son unable to read / write anything.
My in -laws want to give my son to my custody for proper care- but my wife not agree to. Even she didn't disclose her present address. She file 125 CRPC.
Can police help me to get custody of my son ?
Should I need to go to court for search warrant ?
Should I go to court for my son's costody ?
Anonymous
22 March 2022 at 00:12
Sir,
My wife leave me taking my 5 year old son and living with another men.
She did not care my son, didn't give adequate food to my son and refused to send my son to school. As per my in-laws, my son is always crying for food. Till date my son unable to read / write anything.
My in -laws want to give my son to my custody for proper care- but my wife not agree to. Even she didn't disclose her present address. She file 125 CRPC.
Can police help me to get custody of my son ?
Should I need to go to court for search warrant ?
Should I go to court for my son's costody ?
Anonymous
20 March 2022 at 21:45
An old age woman being disturbed or regularly physical ill-treatment by her son with her wife living with him, actually She has four sons 1st & 3rd son is in govt. service and enjoying their life, where 1st son is posted local and 3rd is somewhere in other state the rest 2nd is married 4th is yet to be married
the matter is that with 2nd son that they regularly hot talk with his mother his wife threat his mother-in-law as well as her 4th son (who is yet to be married) to send jail, last time Daughter in law somehow manage to complain against dewar also for reporting favorably to mother in law in local thana(SHO)
On complain of mother in law being physical assault by 2nd son and his wife (in the absence of 4th son)
SHO has advised to vacate them (3rd son with his wife) house, even they agreed to comply the order. but later refuse to do so.
Now they have moved to mahila thana raising the some ill matter against 4th dewar
kindly advise for depressed and hapless women helping her son with his wife out from house
Anonymous
17 March 2022 at 18:36
My wife filed a divorce case in 2012 claiming that she doesnt want to live with me citing my liquor habit as if am a full time drunkard. I opposed the same as it was not true and the case dragged till September 2019. My lawyer intervention and advise with my wife but she was very much adament. hence mutual divorce was filed by both of on September 2019. Till such time she was in her parents house along with my two childrenAfter 6 months the case came for hearing in March 2021 when I attended the court she didnt appear citing pandemic situation when she attended the court when I was affect by Covid 19 in July 2020 advised for home isolation and March 2021 and was hospitalised for 10 days and further was advised of home isolation for 15 days thereafter. meanwhile as the pandemic situation worsened the government order restriction in transport, There in August 2021 order was pronounced as Case Disposed and Nature of Disposal : Uncontested Dismissed. what does this mean? is the court trying to say that we can live together. till now my wife has not appealed further. Kindly advice for which I will be much obliged
Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp
DEB KUMAR Paul
14 March 2022 at 16:43
please provide a draft for securing succession certificate.
Anonymous
07 March 2022 at 10:04
Hi all,
I got married 3 months back, and after a month of our marriage, my wife moved to another country for her studies. It was told to me before our marriage only as she had taken up admission back in 2020 but due to COVID, the sessions were not taking place, this being a 2 Months DIPLOMA COURSE in MAKE-UP. While in India she has her own Salon Business too, which even though was in existence since 2019 wasn't doing great due to COVID related crisis. Now, the thing is I am a MBA and I had forwarded my help in Marketing and Sales related issues for her business, which she duly declined (it being her own business I also complied to the same). My wife had no intention before to sell her business, but pretty recently she had expressed to sell off her business and move out of India to settle and work in UK (which she got from her college where she got a placement opportunity). All this being said, she had not told or discussed with me nor does she want to talk to me regarding this. This just being 3 months into our marriage. She had pre-planned her studies hence it was not within my rights or her's to talk about it, but now with her plan to just take up a job without even discussing it is somewhat not within my conjugal rights, I would quote some,
Under section 13 of the Act, cruelty and desertion are grounds for divorce. These are grounds for judicial separation as well. In cases where the wives' employment at places other than the husbands' place of residence and job has led to marital disharmony thereby leading the husband to file petition for restitution or divorce, the issues raised have been:
(a) does the wife's withdrawal from the husband's society to pursue her job, "without reasonable excuse", entitles him to a decree of restitution of conjugal rights against her?
(b) does it constitute 'desertion' within the meaning of section 13 so as to entitle the husband to a decree for judicial separation or divorce?
(c) is such a wife guilty of cruelty to her husband, under section13, thereby entitling him to seek judicial separation or divorce?
In one such case, viz- Gaya Prasad v. Bhagwati ,AIR 1966 MP 21, case, the trial court had conceded the wife's right as it was necessary for her to work because of financial circumstances, since the nature of her job required her to stay at a place different from her husbands' it could not be said that she had unreasonably withdrawn from the society of her husband, according to the trial court. On appeal against this by the husband, the order was reversed and the high court held:
Merely on the ground that the husband has small income and the wife if she is allowed to serve at a place away from the marital home can substantially augment the family income, cannot be held to be a sufficient reason to deny the wife's society to the husband. Nothing in Hindu law warrants the adoption of such a course.
In continuation, in my case my wife has herself chosen to work outside after selling her business without even trying to consult me on this while I am left in the dark and deprived of any conjugal rights, also I have forwarded my own help in terms of my knowledge to help her but she refused to do so and without consulting has taken up the job, while I may not have a very high salary but is enough to take care of her, while she reasons that she doesnt want to stay with my family nor does she want to leave all her lifestyle.
LCI members, can anyone guide if I can seek to revoke her passport against violation of my conjugal rights.
P.S. - I am not taking up any case against her as of now.
Member (Account Deleted)
06 March 2022 at 16:42
What is the meaning of
" stay is granted till further orders" ?
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Perjury filing procedure
Dear Experts,
My cases of divorce, maintenance and child custdoy running in the family court. I want to file perjury for the false statements made by my wife. ( Not going into the contents of the same as it will distract from my core question.) Normal procedure that I have seen is litigants file an application of perjury in the ongoing case. And then in several other applications and procedures perjury application is left unattended.
But can I file a separate case for perjury ? One of the expert has somewhere mentioned in LCI forum that there is a Bombay High Court judgement which says that separate case number can be there. If some one pls share that judgement or other similar judgement then it will be of great help.