Anonymous
11 January 2010 at 15:54
A woman aged 35 is staying with her husband with 2 daughters of 13yr and 5 yr old along with her mother in law. Some times her husband scolds her badly and beats children for no reason. She is suffering from this and her health is also not supporting her to do every work. She is alone doing all house work and giving tuition in the evening as they are having money problem. Now she wants to live separately. Can she stay with other man or get married without divorce? Is she face any problem or the man with whom she stays face problem?
Anonymous
11 January 2010 at 13:16
Respected Sir,
This is with reference to the above subject. I got married on 2nd Feb 2002 barely 12 days we stayed together and after that she went to Mumbai as she is working their . One fine day she called me and my mother that she is not interested in coninuing this relationship. Their parents are least concerned. me and my mother constantly tried to contact them and they disconnect the call. Some days back their elder brother called us and told that its better to end the relatiosnship as she (My Wife) is not interested and they are calling us in Mumbai for getting seperation legally done, they also have appointed an lawyer and told us they will besending the notice. Now my question is whether we should accept that notice or not and how to go ahead about it?
raj99
10 January 2010 at 20:43
Dear learned counsel,
my sister got married in 2001.Her husband work place is mumbai.After 6 years of married life she left her husband because of cruelty and staying with us.We filed a case against him under DVC ACT.The court has summoned the accused.But he repeatedly not accepting the summons.What we have to do to serve the summons to him?
Anonymous
10 January 2010 at 13:09
Hi sir,
I am Ravi from Bangalore. I have been married for 7 years. We are living separately now. We lived together for very short period of time. We have 5 years old boy.
We have a lot misunderstanding and can not live together. She is not ready for divorce. She is working and earning more than me. She has bought a house. I don't have any properties on my name other than band deposit.
I am mentally disturbed and suffering from stress, depression etc because of our problem. Now she is not ready to come and stay with me. Even she also doesn't allow me to visit my son and visit her. Now she is saying i am mentally ill and so that she can not allow me into her house as well as she can not come and stay with me.
For small reasons, she used to abuse me like i am mental and good for nothing.. So in the heat of argument i have beaten her.
I feel there is no point in living like this. Because it has been seven years we are living like this. i am nearing 40 years. Now I need to think about my future also.
Please advice me what should I do?
1) Shall I go for divorce? . But she is not ready. I heard divorce processing in India take s 2 to 5 years depends on the case.
I don't have enough mental strength to fight for a long period.. If I file divorce case, she may file dowry and harassment case against me.
We went for counseling many times. But nothing worked out. She keeps blaming me and abusing me if some one asks why she stays separately from me.
2) Shall I go and live with some one with out marrying
3) As i am suffering from me stress, depression etc, i am not able stay alone. i need some one with me. If I stay like this , I will become mentally ill and will lose my job. I will be useless. Is there any way I can use this to solve my problem.
Please consider me as your brother and advice me.
Thanks
Anonymous
10 January 2010 at 11:41
wheather a next friend can apply for guaurdianship, when the mother or grand mother of the minors are deceased, further the natural father and other relatives are alive
Anonymous
09 January 2010 at 23:15
can anybody send me the judgement of rajastan high court who has passed the decree in favor of the husband and denied the maintainance whose wife has left the job for seeking maintainance. this is needed on urgent basis.
Sunny
09 January 2010 at 20:33
Hello,
I would like to know, according to Indian Law, if the wife has full rights to claim the first share on the assets of a Husband, who has died without stating a will.
Also let me know if the percentage share is specified in case of other legal heirs, like mother.
Thanks,
Sunny
Umesh Mali
09 January 2010 at 16:37
Dear Sir,
My Maternal Grandfather and Grandmother died in 2001 and 2008. They have 3 children - 2 brothers and 1 sister (My mother). They have ancestral property (agricilture land) by grandfather's name.Now 2 brothers have sold the proprty without giving anything to my mother.
My querries are:
- is my mother is eligible for 1/3rd portion?
- Is it necessary to have name on 7/12 for a claim.we dont have copy of 7/12 and dont know whether her name is there on it ?
- If the land is sold out,what is the way we can claim and in how many days?
Thanks
Jyothi Anup
08 January 2010 at 14:28
When a wife is filing for Divorce & Maintenance what will be her status is the following conditions:- 1. They have been married for past 14 years. 2. They have two children born out of the wed lock. 3. Claimant is an unemployed person. 4. Husband is not a salaried person. 5. Husband lives on the money given by his Father. 6. There is no property in the name of the husband. 7. But he is one among the share holder of the Hindu undivided Joint family property. 8. Again the property is in the name of a Company. 9. Husband’s father in law receives a huge amount as rent on a monthly basis from another undivided property. 10. The house in which claimant presently resides is in the name of the above mentioned company. In these circumstances, will the wife get a pretty good amount as maintenance? The husband belongs to a affluent family. He is adrunkard and he pays through his credit card which inturn is paid by his father. The wife is suffering from all kinds of cruelty. Physical & mental. Husband even goes upto the extent of character assasination of the wife. Can she get a permennet injuction to stay in the same house which right now she is residing and from not allowing her husband or inlwas visiting her? What will be quatum of amount which she can ask for maintenance? She was given 300 sovereigns of gold and 10 lakh wrth silver items at the time of her marriage. She has been harrssed for more dowry from time to time and the same was aslo given. Will she be able get back only the things which amounted to dowry? Or can she claim for maintenance in the above entioned conditions
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divorce
wife made a fIR against all family members of the husband. it amounts to curelty?. it is solid ground for divorce? any citation in this regard please.