Anonymous
03 November 2009 at 09:42
Dear Sir,
Thanks for your reply.We submitted the citation given by Mr Manohar and our lawyer also argued on the same.But the judge was not convinced and said that as per the latest SC judgment no lower court has the right to waive of statuatory period.However the judge( in My case)reserved the judgment next week.
I do not understand the SC judgement.When we have mutually agreed to terminate our marriage and the court not waiving of statuatory period,both the parties have to undergo a lot of mental presuure inspite of them not able to reconciliiate and they cannot decide on their future life also.
My point is can't anyone challenge the judgement??
Also i want to know if statautory period is granted do i have to pay maintanence to my wife???
Anonymous
03 November 2009 at 09:31
In DVC case what procedure is to be followed in the court. Civil or Criminal?
Is there a possiblility to pray for amendment of complaint for inclusion of any oversighted omission when criminal procedure is to be followed?
Anonymous
02 November 2009 at 20:15
Property is in the name of the mother. The size of the plot is 75 feet x 70 feet. She has 3 sons only. The eldest son occupied the property first from 1983 to till date and took access to 60% of the ground place with house on it. He has never paid rent to my mother, but shown bogus entries of rent paid in his businees accounts. Now he is claiming tenancy rights. The mother is interest in giving all equal share of 25 feet x 70 feet. But the eldest son does not listen to the mother and others are deprived of the share, as he is reluctant to vacant.
Can he claim tenancy rights ? Please advise
Amit Oza
02 November 2009 at 19:55
have to following que
i N.C was filed against husband ,and their parents for dowery of Rs 50lac which was false,
as the case was pertaining to family matters it was transfered to mahila takrar nivaran shanstha.
the lady officer of the sanstha listen to both the parties and found that the matter was, husband wanted
the wife tocomplete graduation and to work but the wife could not complete and was not ready to work
settlement was arriaved that husband will not ask wife to complete her graduation.and also wife will repect their parents
and will not insult the husband for earning less.
after the settlement husband is not intrested in any sexual relation with wife , adn wife is complaning that
she will complain to mahila takrar shantha.
i want to know the following
1) as the n.c was filed,and it will false,and also settlement was done,can the wife again lodge a false complain
and if she can lodge , can the husband defend that.
2) can the mahila takrar shantha can order police to take action agaisnt the husband
3)after the settlemt done at mahila takrar shantha, the N.C which was filed is automatically queshed.
MK
02 November 2009 at 18:41
I am a manager in a reputed telecom firm. I am earning a pretty decent income.
I got engaged in Feb 2007 and got married in May 2007. It was an arranged marriage.
I was an assistant manager that time.
I was in a relationship earlier which my parents opposed and after a gap of an year, i got married.
After engagement, i told my past to my to-be-wife.
Before marriage, we had major argument considering family planning.
She wanted a child and was not ready for any family planning. Whereas i was with the opinion of waiting for about 2 years before having a child.
She agreed to wait.
Post marriage, she deliberately did not take any contraceptives even after consultation of gynecologist.
On the second day she reluctantly took emergency contraceptive pill.
I was forced to use protection.
We went to goa for honeymoon of 6 days. The first day itself she started quarrelling that we should not think about family planning and that she wanted a child.
on the third day her periods came. The honeymoon was a disaster for me.
All my hardwork at my office, prior to getting married had paid off and i was promoted as a Manager in July 07
That time she was working in a recruitment firm. She was earning Rs.5000 per month for a 9 am – 6 pm job.
Her routine at home -
get up at 7:30 am. mom used to get up early and start preparing lunch so that wife could carry Tiffin.
i never have breakfast of lunch. So even for making her own Tiffin, she only used to help mom in making rotis for herself.
Then i used to drive her to her office and then i used to go to my office.
In the evening, she used to finish work at 6 pm. My official time was 6:40 pm and most of times i used to be late till 7pm - 7:30 pm
My wife used to go to her parents place which was nearby. then come to my office and then we used to go home.
she used to say that she is not comfortable being in the house without me.
By the time we used to reach home, the dinner used to be ready. She had no work to do at home.
Mom, Dad or Sis used to handle the clothes part as we have a washing machine. Food was made by dad, utensils and cleaning the house was done by the maid.
she still used to find something or the other silly reasons to start a quarrel with me
her quarrels used to go upto 4 in morning.
whenever my mom and dad came to make us cool down, she used to speak rudely to them.
She used to portray an image to her family that me and my parents are harassing her.
The salary she used to earn - 5000 per month, i had told her to make an Fixed Deposit of that amount. Because i was earning a pretty decent salary and could live nicely.
I never asked her about it. I used to give her Rs.2000 for her expenses.
Travelling expenses were taken care by me. She used to take tiffin from home. I used to go for shopping with her, so i used to purchase things for her. she had no expenses.
She never spent anything for house or the family members.
The quarrels continued for atleast once or twice a week. and that started taking a toll on my effectiveness at work.
Her parents knew only her side of the story. They believed their daughter. But that was a story of half truth.
they wanted me to be separate from my family.
my wife used to always try to create rifts between me and my family.
during this entire happening, there were rarely times we were intimate.
she always pursued me for unnatural sex which i was unwilling.
She got pregnant. As per hindu tradition she went to her parents place in March/April 2008.
before going, she put on her best behavior. she took the marriage certificate and all her certificates while going and did not inform any of us.
she wanted to take all her jewelry too. My mom saw her taking all the jewelry so asked her why is it required. she then kept some of it back in the cupboard.
The day she went along with her parents and relatives, she did not call me or my family.
When i called her several times, she told me that she does not want to keep any relations with my family. she only wants to keep relations with me.
I told her that that would not be possible. We will stay jointly. So she refused talking to me.
She delivered on 19th June 2009. she or her parents did not inform me while she was hospitalised. I was informed an hour after my child was born.
I went to hospital couple of times to see her. I went with a box of sweets for her family as well and thought that atleast now things will be fine. I decided to start fresh forgetting the past
She still never called me.. neither her family spoke to me or my family. She thought that i will agree to stay separately.
During this time, in July 08, due to the quarrels and sadness and tension, my dad underwent a bypass surgery.
Neither she nor her family inquired or came to see my dad in hospital.
My dad was brought home.
My inlaws called me saying they want to keep a naming ceremony for my daughter.
I told them that first we need to sort out matters only then i and my family will come for the naming ceremony.
My relatives came to help. They called her relatives at my place.her relatives heard our side of story.
They realised that things are bad and backed off.
my inlaws did the naming ceremony for my daughter without me as well as any of my family members
In November 2008,one sunday my wife, her parents, relatives and 2 females from mahila mukti came to my home stressing on the fact that i should take her back.
They forced their way in and started quarelling. This was very upsetting. Considering dads recent bypass surgery.
So i told them that i will check in a hotel until i find a place on rent. But i do not want her to stay with my dad.
they took her away and told me that when i will find a place to rent, i should inform them.
i consulted a lawyer in navi mumbai. He advised that i should rent a place and stay with my wife and kid in an attempt to reconcile.
I did as advised. December 13th 2008 i started staying separately with wife and kid
Again i thought of starting afresh for the sake of my daughter.
things didnt work out... in a span of 2 months, there were 13 major quarrels.
Some things like - not cutting baby's nails... not bathing the baby. not changing bedsheet for 3 days where the baby was kept. I am a patient guy and rarely lose my patience. However everytime she used to do things and say things which would test my patience levels.
i used to have only a cup of tea in morning and dinner.
She did not know how to cook. I told her that.. u make chapatis, rice, dal and egg for dinner everyday and i will eat it without complaining.
She failed to do that too... there were times i used to have dinner at midnight.
the house was never clean. Lunch was never made. Baby was not given medicines properly.
i failed to understand what she used to do at home.
the quarrels increased and became unbearable. I would have had 2 accidents during that time due to tensions. I was lucky.
My work was getting hampered too.i decided to stay separately.
From 1st may 2008, i am staying with my parents.
My wife claims that she is staying with our daughter in the same house we were staying.
I am not sure about that fact whether she goes to her parents place or her parents come to stay with her.
I used to take my daughter to my parents house for weekends. I used to keep giving rent to the house-owner and give Rs.5000 to wife for home expenses on the first weekend every month.
I used to get things for my daughter separately like toys, clothes, her necessities.
When daughter was to be taken to doctor, i used to go there.
The talks between me and wife were restricted to my daughter only.
There has been no intimacy at all for the past 6 months.
During diwali i went to get my daughter and my wife created a scene mentioning that she will not give me my daughter ever. She called her neighbors and said that If I took my daughter, then she will harm herself.
she says that she does not trust me or my parents that i would return my daughter to her.
She still expects that i should give money to her on a monthly basis as well as pay the rent.
The neighbors had intervened and they tried to explain things to her that me and wife should go to the police station or lawyer and put it in writing that i will take my daughter during weekends and bring her back. also that i will pay the rent and expenses.
she does not want to give anything in writing.
she does not want divorce.
The rent/lease agreement is expiring in 5 days.
What should i do ?
First of all i thank you for going through this lengthy detail.
There are many more instances which have aggreveated the situation and there are practically no chances of reconcilation.
please help what should I do?
Anonymous
02 November 2009 at 17:27
If the property in question is in dispute of partition with intestate will and partition suit is still active in High Court . Can either party construct house without the knowledge of other party or the concern Court when either one of them staying far off from the place of dispute. What will be the result on both the parties. In this condition what verdict will court offer. Can justice be done. When one party is already obtained stay order as well as status quo in the court.
Anonymous
02 November 2009 at 17:20
I File partition suit against my sister who is holding fabricated and bogus will from my deceased mother. Case is still pending in the court. The will is not probated nor registered but notarised. Can my sister have a right to construct the house even the case is not yet decided.
Amit Oza
01 November 2009 at 15:24
i want your advice on the following matter.
there was a arrange marrigae ,before the marriage boy had informed the girl
parents that we want the graduation to be completed and she has to work
afte marriage when the husband told her to work she said she dose not want to
work ,after regularly telling her she did job and started taunting the husband that
he is forcing her to work.
After 6 mths of marriage she went to her parents palce and dint return
after 6 months she filed a NC that the husband family is demanding dowery of 50 lakand the
mother in law is betting her.
the case was transfered to mahila takrar nivaran kendra.the officer there heard both the parties
even she asked both the parties that whether they has sexual relation,they told that they has very less
sexual relation ship.a settlement was made that the girl was not abuse her husband and her family.
and husband will not force her to study.but one thing i would like to mention here that the office in charge
gave a condition that the boy has to earn 25000 if he want both to stay seperately.
and also informed the girl that she wants the recorded proff thet husbands parents are abusing her.
If husband is not intrested in having sexual relation ship with his wife ,the wife alledge that she will
complain to mahila takrar that her husband is not obeying the settlement process,
in these circumtances what can the girl do.can she again make false complain.how can she legeally frame
the husband and their family
and one more thing can the lady officer put a condition of earning to the husband
Anonymous
01 November 2009 at 14:07
i just want to know that ,,,,,,,,what is the reason behind prefering sec 125 of code of criminal procedure rather than provisions of hindu marriage Act and Hindu adopotion and maintenance Act, in relation to the maintenane petitions?( OTHER THAN SPEEDY REMEDY)
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RCR after Divorce! Is it possible?
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