LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

faisal (manager)     26 September 2012

Divorce

Dear All,

 

i am a muslim married to a muslim lady with a 5 year old daughter. we are having problems in our married life as my wife is a spendtirift and we had a verbal agreement that we will live in a big house and buy big vehicles . after we had all these things for the last 3 years , now she is claiming me back the money which she earned and was going in our joint account.  she is staying with her mom for 2 months and taken my daughter also. when i went to meet my daughter , she called the police , claiming that i was trying to assult her...which is wrong . she has filled a case agiinst me in the family court regarding :

1 I have taken all her money and spend on me.

2 I beat her and daughter ( she doent have any proof or medical report )

3  I asked her to leave the house

4  i have taken all her gold and dont have healthy s... relationships.

 

 

please guide me what to do and what can happen in the future if the case goes to the court.

 

regards

 

faisal

 



Learning

 3 Replies

M.J.Kumar (--------)     26 September 2012

Mr.FAISAL,

                   FAMILY COURT WILL NOT BOTHER ABOUT ALL THE COMPLAINTS AGAINST YOU.THIS IS NOT A COURT TO RECOVER MONEY FROM YOU.

                  YOU HAVE SPENT THE MONEY FROM JOINT ACCOUNT ONLY. SO YOU CAN FIND OUT HER SHARE IN THESE LUXURY ENPNCES. AT THE FINAL STAGE OF YOU CAN GIVE HER SHARE OF MONEY  OR YOU CAN ASK HER TO PAY BACK THE MONEY, IF SHE UTILIZES THE VEHCLES, HOUSE ETC.,

                YOU HAVE NO RIGHT TO ASK TO GIVE YOUR GIRL CHILD TO STAY WITH YOU ONLY. YOU CAN FILE A INTERIM ORDERS FOR VISITING RIGHTS TO SEE, SPEND SOME TIME WITH YOUR DAUGHTER AT A COMMON PLACE.

            BECAUSE THERE IS NO PROPER REASON FOR HER TO FILE A DIVORCE CASE. SUCH REASONS ARE COMMONLY USED TO FILE A DIVORCE CASE . YOU CAN FILE A PETITION /CLAIM THAT, SHE IS MENTALLY HARRASING YOU & TRYING TO TARNISH YOUR IMAGE IN THE SOCIETY..FOR WANT OF ETXRA BENIFITES THRO COURT.

            SHE MIGHT BE" BE FRIENDED" WITH SOME OTHER MAN.or MEN,.CHECK UP HER MOBILE CALL DETAILS BOTH INCOMING & OUT GOING. BY SENDING A LAWYERS LETTER TO THE SERVICE PROVIDER( MOBILE )YOU CAN ASK TO SUBMIT HER MOBILE,'s CALLES DATAS. TRACE OUT,,,

           IN GENERAL SHE IS WITH A MOTIVE OF PARTING AWAY FROm YOU & TAKE CARE SHE WILL NOT TRY TO GET MONEY FROM YOU.

faisal (manager)     26 September 2012

hi ,

thanks for the reply. but what will happen if she tried to sue my parents for harrasment case, as every women does in india try to harrass the husband and family.

i have already taken my share from my father property and have a court letter of the division of the property.

regards

 

M.J.Kumar (--------)     26 September 2012

I dont hink your parents are staying with you. Dont try to disclose your share of property to her. As a maintanace she may ask for a share of it.

Any criminal case regarding your harrasement or your parents' harrasement, should have been registered before filing a divorce petition. & should have mentioned in her petition with the FIR copy..  2 nd petition in the family court is not acceptable. Amended  petiotion can be filed only after you reply her petition and based on your rply ..For the same issue, no body can give 2 versions in differant courts.

Even if you reply once and afterwards you get proof for her adultary( Photographs,,,,her Neighbours, your neighbours can be witnesses,, you can file another counter reply as supplimentary or as amended reply.

Family court has got powers equalant to District Court Powers. All criminal courts are lower courts only.Distric Court  or courts with in district cousrts,,,,,can not direct family courts, Only Hiogn court can direct.family court.

Dont imagin, that, being a women she can do anything,,,,

Actually dowry harrasment or harrasment case has to be filed before  filing main petiiton.

& more important is petitioner shoud attend the court with out absentism. You can ask judge top dismisss the petition.ATTEDANCE IS MORE IMPORTANT,,A PETITIONER or RESPONDANT CAN CONDUCT THE CASE BY THEMNSELVCES WITH OUR A LAWYER ALSO>> IF THYE KNOW THE LAW..A LAWYERS IS NEEDED AT THE TIME OF WITNESS EXAMINATION & TO SAFE GUARD HIS CLIENT FROM UNNESSASARY, UNLAWFULL EVENTS,,


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register