Mutual divorce
Querist :
Anonymous
(Querist) 17 January 2021
This query is : Resolved
my parents are seperated for 27 years but not divorced,last year we filed mutual divorce and didnot claim anything from my father,but on the hearing date he denied to appear and told us he will not come to hearing as he dont want divorce,and he also does not give any monetary benefits to us,i am his 27 year old only son and completely dependent on my mother,is there any way to make him pay for us??our lawyer told us if we go for contest divorce there is low probability that any fruitful thing will come
Guest
(Expert) 17 January 2021
Divorce is an matter between Husband and Wife irrespective of any one and any thing . Let your Parents decide what they want. Unless and Until there are some Ancestral Properties where Legally the Children could claim they could claim... Minor Children and Daughters even if Major could claim only Maintenance only on Legally Valid grounds.The Children would have No Right to interfere in Parents Life whether they Live together or not and It is absolutely their Right and Wish.Let your Mother Decide on this and not any body else
Querist :
Anonymous
(Querist) 17 January 2021
my mother wants divorce,they live seperately for 27 years,but my father doesnot want mutual divorce,should we file contest?
Guest
(Expert) 17 January 2021
Please Do Not Thrust your Opinion / Wishes on your Mother.. If at all she had wanted Divorce she would not have waited for 27 years
Guest
(Expert) 17 January 2021
" True Love doesn't mean being Inseparable It means being Separated and Nothing Changes. "
Guest
(Expert) 17 January 2021
You could Assist and Guide your Mother to Seek Maintenance from your Father with out seeking Divorce.
Guest
(Expert) 17 January 2021
" Prolonged Separation does not affect the Women's Rights to seek Maintenance from her husband Under Section 125 of the Criminal Procedure Code" Said the Honorable Justice R M Sawant in Bombay High Court on Jan 15th 2016 in an Similar Case.
Querist :
Anonymous
(Querist) 17 January 2021
my mother is retired and pension holder,so he is refusing to give maintainence,we have asked to him,it is not true love or anything my mother wants divorce so i can get ews reservation,without divorce they are counting my fathers income with us which is wrong,he didnt give a single penny since my birth
Guest
(Expert) 18 January 2021
Let your Mother discuss this in detail with an Local Advocate.
K Rajasekharan
(Expert) 18 January 2021
Living separately for 27 years altogether without looking after his wife and son and not granting divorce even after filing a mutual consent divorce petition in the court is cruelty of grave kind from his part.
If your mother files a petition for contested marriage, it would be granted if the family judge is a man of little prudence or common sense. It is true that you cannot expect this from every family court in the country where judges are appointed based on caste, creed or loyalty but not on merit. There are many courts presided by prudent and respectable judges.
If your advocate informally tells your judge during the hearing that his salary which was never benefited you both is being added up to your family income and that makes your family economically healthy in paper but practically deprives you some economic benefits, the judge would take it as another kind of cruelty meted out on you and your mother.
Therefore your mother would most probably get definite divorce from the court in a bid to correct a part of injustice.
Guest
(Expert) 18 January 2021
Attn K Rajasekharan -- Refer your SECOND PARAGRAPH IN YOUR POST> COMMENTING ABOUT HONORABLE JUDGES AND ABOUT THEIR CASTE ---- IT WILL NOT BE ALLOWED/ TOLERATED HERE.
Guest
(Expert) 18 January 2021
The Cyber Crime Wing of Chennai Police had Registered an Case and Arrested the former Judge of Kolkatta High Court C.S.Karnan for his alleged objectionable Remarks against Honorable Judges. and he is in Prison .Now.
Guest
(Expert) 18 January 2021
Mind your Language in your discussions here
Guest
(Expert) 18 January 2021
K.Rajasekharan --Refer IPC sections 499 and Section 500 IPC
Guest
(Expert) 18 January 2021
If any one gets Provoked by your Comments about Honorable Judges you could be very well Sued for Damages and Defamation and Contempt and PIL as well in High Court or even in Supreme Court also
Guest
(Expert) 18 January 2021
Today the Honorable Madras High Court had granted Permission to Police to Proceed with the Complaint against Auditor and Editor of Tamil Magazine Thuglaq S.Gurumurthy for Tainting the Judiciary with his Defamatory Comments about Honorable Judges few days back. The Complaint was filed by Learned Advocate Rajagopal and 3 Others of Cheranmahadevi -- CSR 14 of 2021-- Thirunelveli District.
Rajendra K Goyal
(Expert) 19 January 2021
Your mother may file divorce on the basis of cruelty.
You are entitled a share in the ancestral property inherited by your father if any.
Guest
(Expert) 19 January 2021
Rajendra K Goyal --Have you read the Query Posted properly. Could you please confirm where any thing about " Cruelty " is mentioned here. Do Not Mislead Or Misguide the Querist which would be an disgrace (loss of reputation )here.
Querist :
Anonymous
(Querist) 19 January 2021
he did not physically abused my mother,but mentally abused for sure,he denied appearing for divorce even after signing it,and my cousins threatened to beat us with sticks when we went his place to convince him to appear
Querist :
Anonymous
(Querist) 19 January 2021
he didnot come for divorce because he wanted to see certify copy of the case,our lawyer gave me a xerox copy of case but there wasnot all signatures of both parties,so he thought it is fabricated false,we gave him case no. to go and check in court,certify copy will cost 500/- and he will not pay that.
K Rajasekharan
(Expert) 19 January 2021
Lawyers having some sense of law or a little understanding of jurisprudence must know why the term cruelty is brought in here in two answers.
But the querist who is not acquainted with the legal provisions may not understand it.
A family court or judge can grant divorce particularly in a contested one only based on some valid legal grounds listed in the law.
The only general legal ground among those listed grounds is “cruelty”. This is known to every lawyer or a law student who completed his classes on family law. It need not be physical cruelty as people in general understand based on the dictionary meaning of the term ‘cruelty’.
It can be some sort of things, like not speaking to the spouse, desertion for no reason, psychologically improper treatment to the spouse etc. An array of such things can be construed as ‘cruelty’ as such by the family courts while dealing with contested divorce petitions.
It need not be the kind of cruelty as a layman understands it. The legal term cruelty has different meaning than what the ordinary dictionary offers to it.
If ‘cruelty’ or ‘deemed cruelty’ is not included in the ground for divorce in your contested divorce petition, the judge may not be able to grand divorce even if he is leaned for granting it. That is why ‘cruelty’ is used here.
Therefore you must be careful about selecting a good advocate who must know the grounds of divorce in the appropriate family law, as well.
Guest
(Expert) 20 January 2021
K.Rajasekharan -- Already you had made here the Defamatory Comments about Honorable Judges for which you could be Legally Sued and Now you had switched over to Defamatory Comments about Learned Advocates in Midnight. This is not the place to Scribble Illegal things as you scribble in your several websites which you say you had made/own..You say you are an Ex Official whether you have any Grudge over Our Indian Law. Remember This is Not the Place for Illegal Activities... Better attend Psychological Counselling before some one could Legally Sue you for all this. Please.
Guest
(Expert) 20 January 2021
Concerned Querist is already being assisted by an Learned Advocate and the Concerned Learned Advocate would be certainly aware of the Genuine Facts and Truth. and Sec 498A are to be filed by concerned affected persons only if at all it is Genuine only and not basing on your Illegal guidance.. Here the wife is an Retired Person Receiving Pension Obviously she would be Educated and also should be with Practical Knowledge with some Legal Knowledge of her own also and if at all any Genuine Cruelty of any kind was there she would have initiated Legal Action that time iit self.and Not Now when they Live Separately for 27 Years
Guest
(Expert) 20 January 2021
Refer the Supreme Court orders in the Judgement Pronounced by the Bench of Honorable Justice Uday Umesh Lalt and Justice Vineet Saran on April 24 th 2020 in SLP 2908 of 2019 basing of FIR 390 of 2014 Unders IPC sections 498 A and IPC 406 in Criminal Appeal Nos 415 &416 of 2020 (the full orders to be read and particular Para alone is mentioned below)
Guest
(Expert) 20 January 2021
' Orders said " It Clearly appears that the filing of Criminal Complaint is an PRESSURE TACTIC having been employed by the wife Shilpa Karla against her husband , mother in law , brother in law and sister in law WHICH IS CLEARLY AN ABUSE OF THE PRACTICE OF THE COURT AND IS LIABLE TO QUASH IN TOTO "
