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divorce

Page no : 2

latha (office staff)     08 January 2009

 


Dear All,

 

My brief story is ,

 

Marriage : 20.03.2005

 

Registration : 24.05.2005

 

May’2005 end hubby flied to Dubai,

 

From that period onwards iam suffering torture by my in-laws (father,mother,brother(unmarried)),though I tolerate all this things for my lovable hubby.

 

My parents spent 5laks for marriage by getting finance by bank,25soverign gold &one lakh cash for his father.

 

I got passport & flied on sep’2005 , there we lead happy life .

 

Then we return to India (nov’2005) , on that day itself my mother in law told to me that she is suffering from uterus problem she have go to his brothers home for hospitality & for rest too,she ask me to stay for 2months ill be back here then you can stay with your hubby here itself,so my hubby sent me to my parents home from that date onwards I did call for my hubby0-no response , will go to my matrimonial home – they use to speak unparlimentry words against me & my parents (though my mother in law came to the home after one month of operation (uterus)but they didn’t inform us,my father in law wont allow me to speak even to hubby (hubby also says lots of complaint against me about my stay with him in dubai- he is a fatherpecked son)

 

After much persuation I joined my hubby after 5 months (ie)on April’2006

 

On june’2006 I got conceive,he is very much happy about a junior going to come as his son/daughter.

 

Later then he use to beat me &scold me in bad words,then on one day his father ask us to go out separate,I said no,but hubby arrange for separate portion in the next sroad of that same area where in laws are staying.me & hubby stayed in new rented home for just 2weeks,he kicked me in my stomach one day (I got pain in my stomach)so I went to hospital, doctor said to take scan whether baby is alive or not,that scan report id dtd.08.08.2006

 

Then in sep’2006 he sent me to my parents home, saying that his parents are all hating me so after delivery he come & take me.so I accept,then he didn’t come to see even his child.lots of phone calls – direct visit – no response .my hubby leave that rented home & join his parents, after I have gone to my parents home (I use to go there-father in law wont allow me to get inside, in that sun burn itselt I have to take my 3months old baby to my parents home itself)

 

After separation of 1yr & 9 months I waited for my hubby,but he is not at all in a position to hear me.so I gave complaint to commissioner of police , to ask my hubby to join me,iam not working iam just +2,so police officer ask him – he refuse to stay with me for no reason then they gone for further enquiry with me & hubby then they ask my hubby to return Rs.15,000/- & gold jewels I refuse to get that,but they simply said that this was the procedure & this is the limit of police station,so go ahead in family court (by taking a written statement from me & hubby) they seny us.

After a week he sent divorce notice from court in all false allegation,then filed d.v petition for residence & maintence order ,its going on for 2 months.

 

 

 

Plz honorable lawyers reply to my question for the sake of myself & my kid,I want to stay with my hubby (atleast upto my divorce proceding)

 

How long it will take to get residence /maintenance order?

 

How long it will take to complete divorce case (I wont give divorce means what will happen for that case)

 

Will he get divorce?

 

He is working in a bank’s back office earning Rs.50,000/month no dependants

 

His father is self employed as a tailor shop owner,mother house wife,brother is working in the same bank’s back office earning Rs.25,000/month no dependants,unmarried

 

One house is owned by father in law.

 

My doubt is can I stay with my hubby in my matrimonial home?

 

After a week he sent divorce notice from court in all false allegation,then filed d.v petition for residence & maintence order ,its going on for 2 months.

 

Yester we had hearing in d.v case , at that place hubby’s councel ask me for settlement , before that he call me over fone & ask for the same , but I refuse to do so , then he asked yesterday agin I refuse , so he said “if u get residence order I’ll go for revisions then u have to face legal torture by us so plz accept for settlement u have no rights to stay in father in law home . so why u are wasting time accept for settlemene , he is saying like this lots of time.

Iam very much fearing about his words , so what I have to do?

If I didn’t accept for settlement means can I have to face any legal pressure ?

Though I get residence order , hubby councel will get stay against residence order & further he go for revision & drag the case as long as he wants means then what is the use of d.v act benefits?

Till he drag the case till hubby got divorce?

Iam very confused ,so please explain me by assuming me as ur sister & my kids life

 

What is the time limit to get residence order ,if hubby councel go fo revision in higher court?

Is the councel words are right?(hubby councel)

Give any one of the case as myself case for me to understand on what basis he will appeal further , according to ur experience.

Where ur are residing sir,why because my councel is simply shaking the head for his councel words , (my councel was appointed by court for my behalf on free (because I have no source of income)

So I want to change the councel as of you.plz,plz,plz reply to all my quires.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

latha (office staff)     10 February 2009

Dear All,


plz give advice for me


1) the property owned by my father-in-law (self acquired property),iam having 2yrs boy baby (his grandson) ,so can i ask a share in that property on behalf of my kid?

sanjeev murthy desai (Advocate)     10 February 2009

No you dont have any rights in respect of self acquired property of father in law

latha (office staff)     10 February 2009

Ji,


iam not asking share for myself , i want to know that my son (who is now 2yrs old -1st & only grandson)has any right to ask share in that property?


on behalf of my son only i ask this?


am i eligeble?

Guest (Guest)     10 February 2009

If the property is ancestral, your husband and through him yourself and your son have got a right in the property.  For example, if your father-in-law has surviving wife, 3 sons and two daughters, your husband has 1/6th share of the property.  Your and your son's interest is also only on the part of this 1/5th share.


If the property is self acquired property of your father-in-law, he can, by way of will or gift, give the entire property to whomsoever he may like.  If he dies without executing a will or   gift, the property is called "intestate" and be distributed as said in para 1 above.


Prabhakar

Guest (Guest)     10 February 2009

In the last line of first para, 1/5th shall be read as 1/6th and it is a typing mistake.


Prabhakar

latha (office staff)     19 August 2009

 

Gud afternoon friends & honarable lawyers,
Yesterday I had spl.councelling under divorce case & I filed IA under divorce for maintenance ( it yet to be numbered & has to supply for other side)
One set of councelling is over & another set is podtpond to next month.
But iam not happy with that councellor (lady)
She asked the happenings to my hubby , as usual he made false allegations against me. He told her that police made him & father in law to suffer undressed in station at the time of enquiry (when I gave petition for rejoining to commissioner)
She ask him why he didn’t go for human rights commission for this incident & she also told him that she is interested to enquire about this incident to that police officials about undressed matter.
She then asked me -I explained , but she is not  at all ready to hear me fully what iam saying.
She is ful & ful encouraging hubby that is -what he done is right & what I done  everything is wrong
Moreover she didn’t even ask cross questions to my hubby but she ask cross to me.
Iam saying that he is telling lie he is a manager not a clerk ( he said that he is working as a clerk)for that she is saying that all usual , don’t make it as an big issue.
Iam saying that I was beaten by my in-laws & hubby when i was pregnant & i got bleeding so I gave petition to commissioner & in dv act , for that she is saying what happen to you , you are conscious – a a a mm...its ok its nature.being a lady she didn’t even care my baby as I was pregnant during that period.
She is asking why you didn’t file RCR , why you go for DV & police at all.it is not the proper way then how a male stay with you after doing lots of cruelty & lots of things to him & his family . iam saying I gave petition only for rejoining means for that she is saying there is no provisions in dv for rejoining you have to go for RCR – she is asking me - who guide you wrongly about all this things – I said RCR will convert to divorce , she is saying ok- what for that.she is asking coolly.
 
what i have to do after this regard,shalli get justice.what to do herafter.whether councellor report change the case in favour of hubby or not ?
shall i go for mutual - because iam very much confused.
she didnt ask my hubby about our kid life.she is saying that i have done a mistake & created damage to my  life - in front of hubby.
if she says like this means what hubby will think - ok what i done is everything is right wife only wrong - is that right.
 
plz advice me.friends & honarable lawyers.
one more thing is i filed for maintenance under divorce case so which case will be taken up first whether divorce or maintenance?
 

latha (office staff)     24 August 2009

nobody is not at all answering my query.plz help me for that sake of my kid.

jmale (sdsd)     27 February 2010

From what I can understand, you made a small problem big.

Now, for the sake of the child, please start building your career. Learn some new skills and start going up in life. Initially it will be difficult. But as time goes, you will be earning more than all your husband side people. A woman can do anything. Please take that in the right way.

It is a lesson for all women. Do not listen to the advice of b*st*rds and corrupt lawyers and feminist idiots (who are generally divorcees or prostitutes or pimps themselves) who have no knowledge and go to police for small issues.

Had you not gone to the police, and grown the child ..then he would have come back for the sake of the child. If he is such a nut that he wont come back even for the child ( assuming that you have not gone to police) then its better to leave him anyway.

Life is not easy for everyone. Some people are born with handicap. But still they survive and raise up in life. so please do not get depressed.

Legally, there are many things. You can say to court that the mediator is partial. go to court every hearing and get it posponed by crying and asking to dismiss the petion saying its false. Court is pro women and would dismiss it many times or prolong the issue. Mean time you can raise in your life. And when your husband sees your child he may come back to you .. but the chances are very less if not nil. or you can ask for maintainence for child under 125. Al this is time consuming and useless if you think abt it deeply.

I feel sorry for you ..


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