Prasanjeet Das
03 July 2018 at 10:57
Respected Madam/Sir
I have filled for Restitution of Conjugal rights under section 22 of Special marriage act 1954.My wife is not responding to it.I want to know can the non compliance of this rcr petition or order become a ground for her to appeal for divorce or judicial separation?I want to know if She can apply for divorce or judicial separation after one year of the rcr decree and she is not willing to join with me
Anonymous
02 July 2018 at 21:56
I am married for 8 months only. And living separately from husband form 4 months. My brother in law and his wife tortured me due to which I need to get separate from my husband. He took no stand for me and neither he wants to leave them. I can't live with his brother and his wife anymore. Are there any grounds for me to get divorce from him. What if he refuses to give me divorce.
Please note we have no contact with each other from last 4 months. He does not reply to my texts. Does that amounts to cruelty and grounds for seeking divorce.
Anonymous
02 July 2018 at 14:47
Hi Experts,
I have been continuously residing in my parents house for more than 9 years, solely occupying the entire 1st floor of the house along with my family. My parents n my mom alone after my dad's demise have been residing on the front portion of the Ground floor to which I too had a liberal access 24 × 7 since there is no partition. The rear portion of the Ground floor has been given on rent wherein both me &. my mom have signed jointly as owners in the rental agreement. I have an elder sister ( only other legal heir) not residing in the same city & state. She & her family put up in hotels during their stay / visits n never put up in my house.
After my dad's demise, my mom refused to allow mine or my sister's name to be included in the property & we respected her wish. Even my dad's name hasn't been deleted as then our names would have to be added as legal heirs.
The property is self acquired by my dad. My mom has since moved out to my sister's house in another state & city leaving the entire house to me . Now my query is whether I can register the 1st floor of the house including garage in my name ,since I had been solely enjoying it for more than 9years . It has been verbally decided 10yrs. back that I would be inheriting the upper portion of the house & no other member of the family including my mom had free entry in my portion of the house as it would be locked during my absence.
How to go about with the mutation of the 1st & garage in my name ? Secondly, I have to lease out the rest of the house on Ground floor on rent as owner... sole signstory. Will that 'Rent Agreement' be valid.? Lastly can my sister force my mom to will the house in the name or the 1st Floor, which I have fully furnished & also spent enormous time, effort & money on interior decoration.
Thanks & Regards
Anonymous
24 June 2018 at 12:46
Sir I want to marry my father's Sister's Son's daughter. Will it be in prohibited degree or in sapinda. It is valid or not in India???
Anonymous
22 June 2018 at 08:01
respected counsels, i have got married 4 years back,my marriage has never consummated due to willful refusal of my husband,my husband and inlaws has tortured me in every way.very cleverly my husband took a rented flat and taken me from my matrimonial home to that rented flat and after some time he left me alone in that flat. meanwhile he didnt give any single penny for my basic things.i was continuously living in the same flat and waited for him 2 years but now i have stopped paying rent .now i have decided to take some action as i have already suffered alot.so that i came to my parental place nd filed maintanence case.. sir i have filed domestic violence also. mene suna hai ki domestic violence 1 saal ke sepration ke baad nahi fule kar sakte sir is that true.mere husband ko mujhe desert kiye hue 2 saal hone wale hain..pls suggest me what should i do. my secong question is my advocate suggest me for 498a and section 9 also.can i file 498,dv and section 9..kya ye contradiction nahi hoga.if i file section 9 and 498 a and dv all together,.kindly suggest me what should i file.my marriage has noit consummtade that s y advocate is saying for section 9 and they have taken a huge dowry in wedding thats y they are saying for 498 a too. kindly suggest what cases i can file.should i file 498,dv and section 9.can i file dv for after ssepration of 2 years. pls suggest
regards
radha
21 June 2018 at 22:44
When i came to know that my wife had relationship with somebody, quarrel started. She asked me to vacate the house. i asked for divorce. She filed a a case against me (498,506). She gave money to police to arrest me. My name and address everything they mentioned wrongly in the FIR. I got i bail. I vacated the house and city 8 years ago. she lied to my relatives that She withdrew the case. After some years we had discussion and she visited me few times. I also came to know that she didn’t withdrew the case. I asked to live with me But she refused. She is ready to visit me occasionally but not ready to live together. We had quarrel. So i decided to file a divorce case. I visited her address where she was staying but i came to know that she vacated the house. I phoned her she was not ready to tell her address then stopped picking up call Meanwhile court has ordered to place the divorce notice advertisement in the paper. I dont know where she has been living for the last 8 years. Now lawyer say i will get ex-Partee divorce. My questions are: After getting divorce, i am planning to marry. Will i face any issue in the future because of ex-Partee divorce? if yes, please let me know what i need to do now? Once i get divorce, how and who will notify my wife. Note: we have a son living with her.
Anonymous
21 June 2018 at 21:45
respected sir,
i have filed 125 crpc for maintenence from my parental place .sir my husband is a businessman who imports the machines from abroad and supply these machines in india..at the time of marriage he told us that he earns more than 4 lacs in a month.but now he has shown in his companie's balance sheets that his company is running in loss and he is not getting anything..but sir its not true .he is enjoying his lavish life.he has shown that he is dependent on his father.sir how can i prove his income.after marriage he has hidden everything from me.he stays in a renetd accomodation .rent agreement unke naam par hai.rent 15000 per month hai.kya isse unki income show ho sakti hai.how can i proov his income.he is saying ki rent wo apne father se lekar deta hai.
secondly sir he is saying that i m a educated lady and i have worked before marriage and i will not get any maintanence.is that so.sir meri shadi 2015 main hui hai nd mene last job 2007 main ki thi.and 2007 se ab tak mene mene koi job nahi ki.kya mujhe maintanence nahi milega ,sir kya mujhe high court and supreme court ke aap kuch judgements show kar sakte hain jisme educated wife ko maintanence grant kia gaya ho.
sir how can i show his income as i dont have any evidence.he is showing himself as a begger.
kindly help me as i have already lost my parents before wedding.how will i survive i dont understand.
regards,
Sk Rajjak Hossain
19 June 2018 at 22:18
Dear Sir,
Am belongs from Muslim family and doing Corporate job since 2008 and worked with different company, in 2011 my Marriage was solemnized and after 3 months valid Muslim social Marriage was observed with the presence of both the parents. In 2012 a sweet and charming baby girl was born whose current age is 6.6yrs. We had lived near Father-In-law residence but my family was living my parental city which is distance between two town is 150 KM. There are no such relation found between my family members with Us.
In May 2016 Dear wife has filed a false case 498 and other section, against me and my family. Case has filed on court to applied sec 156 but where she living local Police station is too close, we can address as door step. Once this case has filed magistrate has instructed to local PS for investigation the case. IO of this case has submit his statement in court that all the scenarios which has stated by my wife was manipulated and local feedback against me is absolutely good and on the basis of few relationship proof documentations my family members got bail easily. IO also asked to my wife if you have any injury reports please submit this within the 15 days of notice but she has submit a confirmation statement that there are no such injury reports had. After their bail this well planner lady has made a complaint in front of magistrate that the IO has not co-operate with him as this is the case of women so need to appoint lady IO. Court has accept her request and appoint a Lady IO. I was arrested and got a bail after 25days, new IO has submit her charge sheet against us. But final charged yet to fixed of main 498 case.Once my bail has granted by Session Judge, suddenly she has filed a bail Cancellation case against my family members in Session court, which is still is in S/R status since Aug 2016.
On Aug 2016 she has filed Mr case sec 125 which is in evidence stage since Dec 2017 and DV case against me and my family members where she has submit my income proof as alls are offer letter from the company not a appoint letter as well as salary slip, also mention that Haldia Port Trust is self owned company of mine but originally it’s a central Govt enterprise. Another statement is that I have 4 vehicles which is under contractual business with differ company, originally I don’t have any vehicles’. without any notice to us court has passed a interim order as Rs 3000+1000/- Once I have got 1st notice am appear on that DV case and known that order. I have submit written objection as denied all fact and modify the order on basis of originality. JM court has accepted my objection letter and order for hearing.
Then my wife has contacted with me and try to rectify herself but her mother is not agreed to solve the matter amicably. She has faced major illness and Doctor has suggested a operation must be need for remove stones from Gallbladder. I have taken charged and bear all charges to do the operation. After Feb 2017 her advocate not appear in JM court for hearing, only her Haziran has been submit. We are made all notes with JM as Haziran submit but advocate not appear for hearing, any kind of copy not to serve with us. Within this time I have paid 2000 P/M via her Bank account till Jan 2018. Not only cash all types of daily requirements I have booked on online and she has rejected during deliver.
On Feb 2018 She has lodge another case MAT SUIT to take the benefits of Special Marriage Act which is in S/R stage. On March 2018 She has changed her Advocate and lodge another case as CR execution, court want show cause as why am not paying 4000/- monthly which arrears is 60000/- for 15 Months. This case is in S/R stage after 2 notice returned as am not living on the given address. Suddenly the records of this CR EXC case was not found in court’s record room.
Now my enquires is as below :-
1) As the two IOs of this case has submit different statement, should I get the benefits in favors of us.
2) Bail cancellation case’s movement is still zero, and as per record no such error has found for cancellation the given bail, what is best way to proof herself as false case has been lodged
3) In DV case I have demanding as she need to proved her all statements along with my income proof, then whatever the order court will passed I will obeyed. Can court will find the proof and pass the realistic order.
4) In MAT suit I have not appear yet. I am not appear court will pass the order in favor of wife. Also want to wife has any right to lodge Mat Suit.
5) She has lodge Exc case for demanding interim payment whose order copy has not been served yet to us. Should she claimed for 15 Months.
6) If she will eligible for interim maintenance payment, what reason she has managed to escape from this case to hide the case record.
Dear Experts kindly share your valuable inputs on above 6 points.
sagar jadhav
16 June 2018 at 21:49
my divorce case is settled ,but one thing remained that is how lawyer obtained my address,can I send notice to lawyer asking for proof or any action against lawyer as she and my wife harrsed me with false allegations
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Section 482 for fir quash
Dear Sir
My wife filed 498 DV & 125 in Feb 2017
Married in 2011
Wife not staying with me since Jan 2015
Now in Dec 2017, Wife did compromise in DV & 125 & withdraw all the cases except 498
In 498, we have applied under section 482 for FIR quash & we got stay order from HC
TO finish the same,we both need to submit joint application to close the case, but now wife is not showing interest.
But her lawyer submitted application in HC that there is possibility of compromise between parties & date should be extended & Judge based on it passed the same judgement
Now my question is if i submit all the documents for all the DV & 125 case & our joint agreement letter, can FIR be quashed
How we can move forward