Family Law

Wife has filed many court cases concerning the matrimonial dispute

Dec 23, 2019 |

My wife has filed many court cases towards the matrimonial dispute. I have also filed a case under section 9 of the Hindu Marriage Act for restitution of conjugal rights. The said case is running for more than two years and currently at the argument for maintenance. The court has granted the visitation right, but my wife flouted it. Therefore, I filed a contempt of court proceeding against her.

After that my wife approached the high court under section 482 of the CrPC for quashing of the criminal proceeding. She has filed an application under the Domestic Violence Act, and the case is still pending. What should I do to expeditious disposal of all places?

Unrealistic response by wife for RCR notice

Jul 14, 2019 |

I have sent an RCR notice to my wife. She has answered that they will arrange for sitting after two months. Until then she will not come to my house. It seems, even though both of us are staying in Bangalore and my kid will be there at her parent’s house in Hyderabad. They are restricting me to see him not even doing a video call even after multiple attempts. What to do for this kind of response after RCR notice.

Wife is threatening to take my flat

Jul 14, 2019 |

I am the owner of a flat purchased it before the marriage. My father is the co-owner in that property, and he also paid some amount in the purchase of the flat. The instalments of the EMI is about to complete. My father has relinquished his share in the property by making a gift of his share. Now there is some dispute with my wife, and she is threatening to take this flat. Whether my wife has any right in the flat? Could she claim partition of the flat on divorce?  We are Hindu, and our marriage is an arranged marriage.

Compromise in matrimonial dispute

Mar 31, 2017 |

My wife has filed three cases against me and my family members in different sections of IPC as well as under the Domestic Violence Act. She has filed a divorce case against me in district Ajmer so as to mount pressure upon me. In the meantime, I have filed a petition for restitution of conjugal rights before the family court Jaipur.

Thereupon she filed a criminal case under section 498-A/323/506/377/511 IPC before session court Rohini, New Delhi and maintenance case under section 125 crpc before the Magistrate court Ajmer. We have reached a conclusion that we should settle our disputes out of the court, hence, our disputes have settled. Finally, I want to know what procedure should I adopt to settle these cases?

Mutual consent divorce under the Hindu Marriage Act

Apr 8, 2016 |

Hindu marriage is a sacred and holy union of husband and wife by virtue of which the wife is completely transplanted in the household of her husband and takes a new birth. It is a combination of bone to bones and flesh to flesh. The mutual consent divorce however,...

Husband has left us from 10 years

Sep 21, 2015 |

My son is 6 years old and he is studying in class 1, I’m not a working lady. My husband has left us for 10 years and he also not taking care of us. I’m unable to maintain my family. We are living in a rented flat and my father has been paying the rent and fulfil some financial requirements. 

I’m puzzled and decided to commit suicide. Nothing is left in my life. My husband ruined my life completely. I never attained any function of my family because everyone asking about my husband. Sir, please suggest to me what I do to come back from this condition.

Cunning wife demanding money

Sep 20, 2015 | ,

I want to get your kind advise on what to do in the case of my cousin who is facing huge harassment from his wife. He is only 12 passes out, living in Amritsar along with parents and was working in CHINA and married to a girl who is DIPLOMA in nursing and jobless at the time of marriage.

It was an arranged marriage. After the marriage, the girl persuaded him to go to England at study visa. the father of boy borne the whole expenditure to send both of them to the U.K.

But only after 4 months, they both returned on the plea that weather there at the UK did not suit the girl. .the husband while staying a few months went to china. A baby girl was also borne then. When the baby was just 3 months old, the wife put pressure on husband and father in law, that she wants to do B.Sc nursing. Looking for her interest in studying the father in law got her admission in the city itself and college was just 10 km from home.

But soon after the admission, she insisted to study and stay in the hostel. Though unjustifiable, the in-laws bowed at her adamant attitude. Then She shifted her baby to Nani house in Bhatinda. Again the whole expenditure was borne by the in-laws family. After 2 years of study, she passed out and then insisted to do the job in LUDHIANA. i.e. a city where neither her in-laws lived nor her parents lived.

The husband was quite upset abroad decided to return to India. He along with father argued to return to Amritsar and do the job there if she wants to do. but she did not accept .her parents also argued but all in vain.

Despite repeated efforts when she refused to come back one day the husband, along with relatives in consultation with the parents of a girl used a mild force and anger brought the wife back. But this incident she reported to police that husband kidnapped her from the hospital hostel.

All of a sudden her parents also changed. now they are demanding a share from property to get rid of police harassment. Kindly advise what the husband does to save his parents. they already have spent 20 lacs on the wife. i.e. sending Uk and on higher education.

Wife living separate without just cause

Sep 6, 2015 |

My son age 30 got married since last 1 year. The girl is from a metro city and we belong to the rural area. At the time of marriage, she agreed to live in the village. But thereafter she told that she will not live in the village. Then she left matrimonial home without any reasonable cause. Please advice what step should we take?

Interim maintenance will be allowed

Sep 2, 2015 |

Dear sir, My question is towards interim maintenance. I have filed my divorce case on may’ 2007 against adultery ground (a video clip with her office colleague) at 1st ADJ Baruckpur court, West Bengal. That time my wife filed an application under section 24 for alimony, the case was rejected on may’2009, because she was a working lady.

Then she files for shifting the court from barrackupur to barasat on April’2010, accordingly case shifted barrackpur to barasat 1st ADJ After few months she again file application under section 24 and that time allow Rs 3500 PM on August 2010, because presently she is not a working lady, changes of circumstances.

But that time I was unable to pay the amount because I have no income. So, they stay my case for further processing. after few months she moves to Calcutta high court for revision/modification of the order, that time H/C grant Rs – 5000 PM and accordingly on August 2012 I pay the said amount till date and it is due. But presently (aug’2014)she files sec – 9 for further alimony and barasat 2nd ADJ grant Rs – 8000 PM now she also moves to High court for further modification.

Sir, in the above circumstances my main case divorce (13, 13A )which have a concrete adultery ground, that is not process & that is standing still. intentionally she tries to delay my case and try to stay. any time she files some new issue and my case delay but as per court direction, I am bound to pay the amount. I hereby request you, please guide me how shall I process & move further. Presently I have no stable income.

Break down relation with girlfriend

Aug 30, 2015 |

She is 16 years old girls. we had been in love for 3 month together and now due to some misunderstanding and is subject to the behaviour of the girl I don’t have any physical relation with us. only chat with us, … I feel personally that if I marry that girl ..we are going to leave a happy life. So I decided to broke up the relationship… but the girl is not ready to leave me alone.

She is trying to force me to get married But still, I am not willing to marry her. So I stopped the wedding preparations. Now the girl is waiting to file a complaint against me for not getting married to her. I am bit afraid… Please advise how to come out from this problem.

Custody of child

Aug 26, 2015 |

Case filed by the wife. Going on for the past 8 months out of which she remained absent for the last 4 times repeatedly. She is staying with another man in another city. Our 3-year daughter is with her parents. During the last time, even the judge fired her lawyer about her absenteeism.

What is the next proceeding of the court in such case and how the proceeding are made and how to file for custody of girl child?

Marriage without valid ceremony is invalid

Aug 3, 2015 |

Does a Hindu marriage valid without solemnization of the proper ceremony. Marriage without ceremony is invalid because Hindu marriage is sacramental rather than contract. Section 7 of the Hindu Marriage Act requires that a Hindu marriage may be solemnized under the...

Legal validity of Sagai or Betrothal

Aug 3, 2015 |

What is the legal validity of sagai? Sagai or Betrothal is a contract of marriage. According to Manu when a girl a is promised in marring to one man, the good men do not give her in marriage to another man. Sagai or Betrothal is a contract of marriage. According to...

Divorce on irretrievable breakdown of marriage

Aug 1, 2015 |

Irretrievable breakdown of a marriage is prevalent in the US. Does the Hindu Marriage Act enumerate it as a ground for divorce? Irretrievable breakdown of a marriage is not a valid ground of divorce under section 13 of Hindu Marriage Act 1955 so divorce can not be...

Presumption of Paternity in Law

Nov 17, 2014 |

My marriage was solemnized in the year 2009 and the child was born within 8 months from marriage. My wife is very shrewd and hush regarding her pre-marital life. I have some strong reason to doubt that child is not legitimate because she had some affair with a colleague and he had been very curious regarding the birth of a child. However, he never interrupted in my life but he has still trying to collect information about my child. Can I file a case for DNA testing for determination of paternity of a child?