Divorce petition
Titu
(Querist) 06 October 2011
This query is : Resolved
hi i am working here in dubai first time when i go to my vication that time i come to know that my wife make a relation with anothe man.So i ask her tell me truth but she did not tell any thing so i came back here and apply the cell phone call detail for her mobile than when call detail come in my ID than enery thing is come to my knoledge i ask her about their modnight and very very long duration calls.than she agreed that she called some one.so i go their and put divorce petition against her.6 months also pass her lawyer not submitt his answer in court.She is living in my home and asking that nobody get out me this home and told my brothers once i came india she cought me any false case and he dont able to go back in dubai..is this is true she able to do like this and i do when i go to court hearing and how i save my self.
Shonee Kapoor
(Expert) 06 October 2011
Any case she files need to be fought on merits.
No two cases are alike.
Whose name the home is in?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Titu
(Querist) 06 October 2011
but if able to cought me any case or false complaint and i dont come here with in my approvel leaves this is only 10 days left my job will be go.
my home is a old property no peper this property before my father expire he make a divide all of my brothes including me he make a mechual affidevite it shows this side for this persone like that and notorised this paper.than i make a home with my father.but their is no registry of that home.
ajay sethi
(Expert) 06 October 2011
you have filed for divorce . your wife may move under DV act claiming right of reisdence , maintenance . etc.
if your wife dosent agree for divorce by mutual consent case may drag on for number of years .
enter into compromise with your wife . discuss all issues and come to mutual settlement .
how big is the property? how many brothers you have ? what is your share ? haave your brothers accepted the partition made by your father of property?
Titu
(Querist) 06 October 2011
she ask me even judge asking me for give a divorce but i do not give u.and she asking give me hole home and give 20,000 pm than i go with u for mutual consent.
proprty value is near 25 lac.this property dont have a resistry its a old property before my father expire he make a affidavite and divide it to all my brothers including me and i make a home with my father so one side on papers my name and one side is my fathers name.
ajay sethi
(Expert) 06 October 2011
since you dont own the whole property and have only a small share in said property then you cnat give her whole home .
how much are you earning? 20,000 maintenance question would arise if you are earning substantail amount .
kuldeep kumar
(Expert) 06 October 2011
ur case seems to be unsolving by mutual consent.u will have to prove to whom ur wife called lately and how it effected u mentally.divorce matters r fluid in nature.court leans in favour of wife.
Raj Kumar Makkad
(Expert) 06 October 2011
First tel me which personal law is applicable upon you means you performed marriage as Hindu or Muslim and what is the status of both of you as on date and how much brothers and sisters do you have and whether your mother is alive or not?
Answer these questions first so that some definite reply may be given.
Titu
(Querist) 06 October 2011
my earning is 50000 pm
ajay sethi
(Expert) 06 October 2011
if you are earning 50,000 a month claim for 20,000 is excessive . do you hav any aged parents who are dependent upon you?
Titu
(Querist) 06 October 2011
I am a sikh,Sir i tell u one thing clearly she is merried before she make a divorce her first husband and after she live with me i dont make a marriage with her their no marriage registerd nor any photograph. but i make all perpers like ration card with her righting as a wife. also her name in my passport.and she have lot of photogaraph togather and other like voter card,bank statementsLic so as per my lawyer asking me we put a divorce pettition we cant prove that she dont merried with u i dont know this petition is right or wrong.
my father is expierd but my mother is alive we are 4 brothers my mother recive a pention near 7000 pm due to my father is retd from PSEB.(electric)
ajay sethi
(Expert) 06 October 2011
she is your wife . her name is on passport , ration card etc.
you have said she was married earlier .has she divorced her first husband before marrying you ?
Titu
(Querist) 06 October 2011
yes sir
if i say that person he is come to court as a witness he is ready to ask in court her crecter is not good thats why he gives her divorce before..
i gives a life her but she cheats me i dont know what i do.age deffrence between me and her is 8y she older than me.
Arun Kumar Bhagat
(Expert) 07 October 2011
Your divorce suit is on the ground of nullity or cruelty ? If she is not divorced legally from her first husband then her marriage with you becomes null and void but still she can claim maintenance. Regarding trapping you in false case in India I would say that legislature has made the laws which are completely in favour of women and off late it has become their birth right to misuse it. Try to get rid of that woman by mutually settling the matter. I hope her main aim is to squeeze you monetarily.
Shastri J.K.
(Expert) 07 October 2011
better to come with true facts of your case.
R.RAJENDRAN
(Expert) 07 October 2011
• Adultery on the part of the spouse of the petitioner, or any other sexual relationship outside marriage is a valid ground for divorce.
You have stated that you have valid evidence to prove your spouse's sexual relationship outside marriage.
The alimony fairly depends on the number of years, she is married with you.
Don't get scared by your wife's threat.
Try to get the problem solved with magnanimity and forgiveness, if possible.
Titu
(Querist) 27 January 2012
Hi Sir you know my case i live with one lady as a live in relasation but she cheat me and use me let i know i know that i agree that i put her name in my passport,ration card.Tell me one thing if take my case back definate she put case on me for monthly maintance etc.could i tell that that case is my fault or wrong drafting i cant merry her.we living togather i put her name any where due to i belive that she is like my wife.tell me she prove that she is my wife without any marriage picture,registration in mandir /gurudwara/omasjis/church.dont have any marriiage card,no marriage certificate,no evidence or gawah.Pls give me tips how prove that she is not my wife.I know one way is pending for me i go through this way please where is that way tell me.I no need to prove that she is cheat me in divorce case want prove that she is not my wife.I dont understand that people killed a man,but if their is not any proof or evidence the person take a clean chit from the court.find something.
Thanks & Regards.
V R SHROFF
(Expert) 27 January 2012
Titu,
I believe you did not marry her. She is not your legally wedded wife.
You should not have filed Divorce Petition. By doing so, you accept marriage with her, for which there was no necessity.
No one can stop you going out of country, even if all laws favour Ladies
Judges are no fools.
Do not make allegations on her, as it will not help you in any way, it will only harm your case. Even if you feel, you have the best of evidence and proof, it may not work out in evidence & cross exam in Court. In India, even murders can'y be proved in 90% of cases!Murderers are acquitted. Though they murdered, for want of evidence, they are innocent.
Plan differently.
" Mithi chhuri se kato yaar"
V R SHROFF
(Expert) 27 January 2012
" Mithi chhuri se kato yaar"
Titu, Learn Tit for Tat.
