Anonymous
02 March 2023 at 02:13
My dad married my mom from nepal almost 26 years ago and he works in CRPF as inspector... My mom was unaware of my dad first marriage my dad told my mom that he have given divorce to his first wife 5 years ago before marriage but when he brought my mom tho India she found first wife in house itslef.... After that me and my mom where forced to go to nepal back and when I was class 5 my father brought me from nepal but i have faced many domestic violence even my mom was not allowed to come back to. India and we faced many problems thought our life even domestic violence too so now my father is going get retirement thought his government job(CRPF) so now we know our dads habit so after his retirement he is not going to give us any things so do my mom and me have right for one house or do we have right in his pension
Anonymous
28 February 2023 at 14:30
Rohit Tavade and Akansha Sheikh (previous name) are married since last 9 years. Their marriage is
inter-caste marriage. Initially parents of both the parties opposed the marriage, subsequently they
consented. The said couple is childless.
Akansha had a brilliant academic record and has been the recipient of the prestigious Lalor
Foundation Fellowship of United States of America (USA), which is offered to young scientists for
outstanding performance in the area of research. According to her, at the time of her marriage, she
was in employment with the department of bio-chemistry in the Indian Institute of Medical Sciences
(IIMS) and was also pursuing her Ph.D. she was well-placed and having a good job in IIMS in
Chandigarh, only with a view to accompany her husband who are serving in Amravati, she left her
job.
Akansha conceived for the first time in 2011, within a period of about one month of the marriage,
but on the account of being exposed to harmful radiations as a part of her Ph.D. thesis, she decided
to terminate the pregnancy. Again, in 2013, she conceived second time, however that pregnancy
was required to be terminated on the ground of an acute kidney infection for which she had to
undergo an IVP, which entailed six abdominal X- rays and radiometric urinary reflect test with
radioactive drinking dye.
Akansha had a habit of maintaining a diary containing various entries. Some points of the diary were
suggesting that she was too worried about her future career but not a single mention of her
personal life.
Rohit filed a petition in the Court of Additional District Judge, Amravati under Section 13(1)(i)(a) and
(i)(b) of the Hindu Marriage Act, 1955 for getting divorce from his wife on the grounds of cruelty and
desertion. It was alleged by the husband that his wife was all throughout conscious, mindful and
worried of one thing and that was her career. Akansha is only career minded girl and has no worries
about her personal (marital) life. She had also treated the family members of her husband with
cruelty. She got her pregnancy terminated twice in 2011 as well as in 2013 without the consent or
even knowledge of her husband and falsely stated that there was natural miscarriage at the time of
third pregnancy in 2015.
The family members and her husband got to know all these things in 2015, after termination of her
pregnancy third time. She had neither taken consent of the husband about any of her activity nor of
his family members is the allegation of her husband.
Akansha admitted that she had to go to USA for receiving prestigious award of Lalor Foundation
Fellowship. Rohit was also happy about her progress. Akansha informed to court that during regular
intervals, both of them used to stay together and Rohit had never refused to stay with her at any
stage of their marital life. Therefore, she is not ready and willing to give divorce to Rohit under any
circumstances. Akansha denied the allegations of cruelty and desertion alleged by Rohit and
informed the court that her husband’s consent was taken by the hospital for the termination of
pregnancy. She is ready and willing to continue her married relation with Rohit and is not ready to
give him divorce him.
The Additional District Judge ruled in favour of the wife on the ground that in this case termination
of pregnancy did not amount to cruelty. Now the appeal is pending before the Honourable High
Court of Bombay
Argue the case as per the issues involved
1. Whether the suit is maintainable under the Hindu Marriage Act
2. Whether termination of pregnancy amounts to cruelty as per the relevant provisions under
the law
Vijay Bhaskar
28 February 2023 at 01:45
Namaste,
If Wife has applied Exparte divorce and subsequently after a while received Permanent alimony from Husband before trial court vide Execution petition, can Wife still go on to file fresh DVC case 6 months later. Will the court process itself prevent filing of such false DVC case after Divorce & Permanent Alimony settlement. Or Court will simply register case and leave it to husband to fight the case. Shouldn’t court process with some questionnaire(divorced or not, alimony received or not) itself prevent the filing of false DVC. Kindly enlighten.
Thank & Regards
Jay
Anonymous
20 February 2023 at 16:01
Madam/Dear sir, I feel the judge handling my case is biased against me, as she openly told me that "i know what r u and i also know hoow to deal with people like you". She has finalised my crpc 125 within 1 month and within 5 dates. In that too, 1st date and second date had enough time between them (23 days) after that she put dates within a week and gave final order. I requested here for longer dates as i travel from around 1200 kms, i also requested her for setting aside the ex parte order. She declined everything and without presentation of my WS or reply she just gave final order with 35000/- as monthly maintainence. I dont do job, my wife do not have child, i dont know how to go ahead? Is it possible to get relief from higher courts or shall i just loose hopes and wait for my arrest for not paying the maintainance as i know i cant.
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Anonymous
19 February 2023 at 11:45
I was adopted by my adopted parents in 1963 when I was 6 months old .but no adoption deed is available.my biological father and my adopted father was real brothers. On my all documents my father name is my adopted father. In 1971 my sister born .can can I prove my adoption in the court.my adopted parents now died and my sister challenge my adoption in the court. She says he is not adopted .Is there any judgement please provide
Ganesh Suba
15 February 2023 at 12:31
I request the experts for legal grounds on which I can oppose a DV petition which was simply copied from internet, having no paragraph number etc. I am directed to file counter. when the petition does not have paragraph number and it runs for 9 pages, how I appreciate the Judge on legal merits to either reject the petition or get it corrected by the petitioner. DV sec 36 states, dv is an addition to other laws and it does not derogate any other law in operation. as per CPC which is a law perhaps civil dictates how to frame a suit with para numbers etc. also dv sec 25.2 empowers magistrate to revoke his earlier orders(issuing of notice) when change of circumstances are present.
kindly experts please guide me.
Sathya Shanmugavlu
13 February 2023 at 16:41
Dear Experts,
My Wife filed Divorce in year 2018 on Mental Cruelty, so far no evidence provided in her case.
My defense in her divorce petition might get struck off, owing to the failure to pay some of her interim maintenance order.
What impact will it have on her divorce ? Will she automatically get her divorce ordered on her favor, even without any evidence provided ? Or will I lose ability to defend against her case, but still case will proceed based on merits of evidence etc.
Thanks & Regards,
Sathya
Dhananjay
12 February 2023 at 16:39
I need a lawyer for filing GWA petition in Tis Hazari. Interested persons may please contact me at my email id- coronafighter6037@gmail.com.
RKP
10 February 2023 at 14:35
This query is in continuation of my previous query https://www.lawyersclubindia.com/experts/divorce-case-ia-maintainence-related-query-745886.asp.
My gross salary is 1.5L and net salary is 1.15L and expenses is 1.05L for me and my mother and saving of some 10k per month. My wife stays in my flat and I stay in a rented house along with my mother. Even before the family courts order I used to voluntarily pay 6k maintaince to my wife through money order apart from paying apartment maintenance and other utility bills of my flat where my wife stays. Still paying the same.
The family court judge had earlier awarded her 25k maintenance plus 30k one time litigation fees to be paid by me. Family court judge had not considered the money order receipts I had submitted in court as proof of my voluntary payment. Judge had not consider that she is staying in my flat.
We had approached the high court for its review. But in today's first date( wifes lawyers was not present ) the high court judge also straight forward said that he is not going to touch the family courts order and he is not going to reduce the ia maintenance even though wife is staying in my flat. high court judge also did not consider the money order receipts I submitted in court as proof of my voluntary payment. high court judge also did not consider that she is staying in my flat so he should reduce the amount.
Very saddened by the women biased approached of judges.
What can I do here?
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