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attenuator   28 September 2009 at 19:43

section 498A

Dear members,
I shall be greatly obliged for your kind suggestions concerning the following matter:
I have been married for exactly 13 months now but have lived together for only 5 months (from april-aug 2009.)Now for the past one month, my wife has been living with her parents after imposing all nonsense and false allegations on me. I do not know anything about their intentions but apprehend that they may file a false case if the results are not to their satisfaction. In this regard, I have a few queries:
1. Since, there has been a rising misuse of section 498A by urban indian women, is there any remedy which poor innocent husbands can take as a precautionary measure in order to avoid such harrassment by women ? I ask this as I fear that my wife might file a wrong case against me ?

2. While browsing, I found that issuing a court notice under 'restitution of conjugal rights' is one such remedy. How far is it beneficial for a husband in either reconciliation or in convincing the other party for a divorce by mutual consent? I ask this as she might harrass me and try to extract money to agree for divorce.

3. Even if such court notice is issued, I fear that my wife can still file a case under 498A as retaliation. I would like to ask the members if issuing a court notice under 'restitution of conjugal rights' by a husband dilutes and weakens wife's idea in indulging in such cheap acts and what would be its other consequences ?

My stand here is that if my wife is willing for a divorce by mutual consent, I would immediately agree to it but I doubt that and hence shall be extremely thankful if you all could help me out from this extremely undesirable situation!

Thanks

Shanker Rao   28 September 2009 at 13:28

498 ( Urgent )how much time will charge sheet to be submit i

HI, My Name is Shanker Rao (Delhi, India)

My wife is not staying with me from last May 2007 and she has registered a case 498 against my family and me. From last two years, we are going to court and attend dates regularly. Whenever we visit, my lawyer says that yet your charge sheet has not come... Can any one help me and let me know the process that how much time will charge sheet to be submit in court. Is their any way from whom we can check?

I will me really thank full. If anyone advise me on this

Thanks in advance
Shanker Rao

RASHMIKANT SHETH   28 September 2009 at 12:19

wife's right to husband's property

THE QUERY STANDS SOLVED .THANKS TO ALL

bapun   28 September 2009 at 09:33

age for liv-in relation

I am 20 years old and my girlfriend is 19 years old.According to Indian Law the girl must be of 18 and the boy must be of 21.so according to it she is elligible for marrying but I am not.So can I go for liv-in relation with her till I will be of 21 just to save her from marrying to another boy by her parents forcefully.I think she will be safe near me till I get my age to get marriage.What is the minimum age gfor liv-in relation?please suggest.

gunjan aggarwal   27 September 2009 at 13:34

visitation rights of a father under wards and guardian act 1

i am contesting a guardian ship case of my daughter of 4 yrs old with my wife.she has abducted the child directly from the school on 4 th aug 2008.my wife is doing two jobs .she is out of her house from 8 in the morning till 9 in the night and also works from her house for a second job.the house in which she is living has a boys hostel on the ground and first floor and my wifes mother is also running a beauty parlour from that very house.i have given proofs of all these things to the hearing judge and she has denied all these facts.apart from this my wife also getting treatment of manic depression for the last 2 yrs.what are my chances of wining and whether i can get atleast visitation rights to meet my daughter

Ravi   26 September 2009 at 20:33

Need immediate advise

Hi Friends,
My sister got married last year and she has a baby of 8 months old. Her father-in-law is working in a Police department.
Recently we came to know that brother in law is searching for a girl through online in the matrimonial site and also was chatting with few girls. We have the proof of his ID which is used to chat with girls and also he has mentioned his mobile number and his pictures to contact girls.
But there family is not believing that his son has done all these things.
He had taken all the gold which we had given during marriage to get the money. Brother in-law is also drunked. We are really family of orthodox. During marriage they demanded for a Lakh, from that money they bought the Car on my sisters name.

Our family is really tensed and worried how to handle this. We don't want to ruin my sisters life. I would really appreciate if anyone here can give advice. We stay in Bangalore.

Thanks

Amit Goyal   26 September 2009 at 17:21

Sec. 13-B of hindu marriage act

Both the parties to marriage filed petition u/s 13-B. and a date after 6 months fixed for reconsiliation but on that day if one party never comes before the court ... can the court passed decree of divorce with consideration that the consent given at the time of filing of the petition is still continuing becasue that party never withdrew his/her consent.

Ramesh   26 September 2009 at 10:11

Will -implimentation.

Dear LCI friends,

In case of a Will Without any property details and Testatrix uses, the wording

1) "All my remaining lands which are either in my personal cultivation or under tenants are bequeathed to MR.'X'; After my life time he shall take appropriate proceedings for either recovery of the land or of compensation from persons in occupation and take possession of the lands which are under my occupation".

2) "Any property which is not expressly specified herein shall be inherited by Smt. 'Y'."

What will Mr. 'X' 's & Smt.'Y' 's Claim.

with regards...

kiran   26 September 2009 at 00:44

Divorce by muslim wife

1)There is an establish practice in muslim law that husband by pronouncing talaq gives diverse to his wife. If a muslim lady/wife wants to give diverse to her husband, whether the personal law permits? what should be the procedure? How provisions of 'Khulla' will be applicable.
2) If a wife of muslim without diverse, wants to convert herself to hindusm whether she can convert herself?
3) By desertion if muslim lady resides away from her husband along with her three minor childrens, whether religion of the minor childeres can be changed only at the instance of mother / without consent of her husband?
please guide. Thanks

ABC.......   25 September 2009 at 01:37

Section 9 HMA

Can a husband file a case for divorce if he has already filed case u/s 9 of HMA. What are the possible ways of taking divorce in this case.riven