wife come back with my baby daughter
5 years ago
MERA NAAM PRATIK HAI. MAIN NAVI MUMBAI ME REHTA HU. MERI SHAADI 21 MAY 2017 ME HUYI HAI. MUJHE EK CHOTI BABY HAI JO 9 APRIL 2018 ME BORN HUYI HAI. MERE DAD EK BANK ME CASHIER KI POST PE WORK KARTE HAI. MERI MOM HOUSEWIFE HAI. MOM KA 30 AUGUST 2015 ACCIDENT HONE KI WAJAH SE WAHA AAJ BHI COMA ME DUFFER KAR RAHI HAI. UNKA SAB DEKH BAAL MAIN, MERE DAD OR MERA CHOTA BHAI KARTE HAI. IN MAJBOOR HAALAT ME BHI KAISE JAISE MERI SHAADI HO GAYI. USS TIME MAIN JOB PE BHI NAHI THA BUT MERE WIFE KE GHARWALON NE MAIN APNI MAA KO JAISE SAMBHAAL RAHA HU USSI TARAH UNKI LADKI YANI MERI WIFE KO BHI WAISE HI SAMBHALOONGA ISS SOCH PE SHAADI KE LIYE HAA KAR DIYI. USKE BAAD THODE DIN ACCHE JAANE LAGE SAB KUCH ACCHA CHAL RAHA THA. MAIN JOB PE BHI THA SIDE BY SIDE TRAVELS KA BUSINESS OPEN KIYA. THODE DIN ACCHE CHALE GAYE. USKE BAAD THODA BAD PATCH CHALU HUA. BUSINESS ME LOSS HONE LAGA ISS LIYE KARZA HOTE GAYA. UNKA KARZA CHUKANE KE LIYE MAINE APNA OR WIFE KA GOLD RAKH KAR GOLD LOAN NIKALA. USKA LOAN AB TAK CHALU HAI. BAAD ME MERE BIWI KI MAA NE MUJHE 30000 RS. KI HELP KAR DIYI. TOH BHI LOSS HOTE GAYA. EK DIN KUCH REASONS KI WAJAH SE MERE DAD KI WIFE KI MAA KE SATH NORMAL ANABAN HUYI. USKE BAAD MAINE APNI BETI KO OR WIFE KO GHAR LAANE KE BAAD MERI GRANDMOTHER NE WIFE KI MAA KO ITNA KAHA TUM BAAR BAAR THODA KUCH HUA NAHI TOH ITNA REACT KARTI HO KI JAISE KUCH JYADA HUA HAI. GAR WO THODA BAHOT KUCH SAHEGI NAHI TOH STRONG KAISE HOGI. ISS BAAT PE THODI ANABAN HUYI. USKE BAAD MAINE GHAR ME KUCH TAMAASAHA NAA HO ISLIYE WIFE KO,BETI KO OR WIFE KI MAA KO THODE DIN UNKE GHAR JAANE KAHA. USME BHI HUMARI BAATE HOTI THI. USKE BAAD WIFE KI MAA OR BHAI HUMARE GHAR AAYE. HUM SAB PARIVAAR OR WO DONO SAAMNE BAITHE THE BUT UNKE BAD BEHAVIOUR KE KAARAN THODA JHAGDA HUA. USKI MAA HUMARE SAAMNE GAALIYAN DENE LAGI. BUT MERE GHARWALON NE KUCH JYADA KAHA HI NAHI YAA KOI BAD WORD USE BHI NAHI KIYA. USKE BAAD UNHONE MERE MANA KARNE KE BAAD BHI BIWI KE SAARE KAPDE OR SAAMAN JABARDASTI LE GAYE. USKE BAAD HUMARE ISS BAAT KO LEKE KAHI JHAGDE HUYE LEKIN FIR BHI MAIN MERE GHARWALE UNKE PAAS EIFE KO OR BETI KO LENE GAYE BUT WO LOG MERI WIFE KO BLACKMAIL KARKE BHEJ HI NAHI RAHE HAI. OR USKI WAJAH SE MERI WIFE BHI YAHA AANA NAHI CHAHATI. ISS REASON SE MAIN APNI BETI KO MIL NAHI PAA RAHA HU. MAIN ITNA HONE KE BAAD BHI WAHA CHALA GAYA THA LEKIN UNHONE ITNE BAD WORDS USE KAR DIYE TOH MAIN KHAALI HAATH CHALA AAYA. UNHONE MERI WIFE KE DIMAAG ME YE SAB DAAL DIYA KI " KHUD PE KARZA KAR DIYA HAI, GOLD BHI BECH DIYA HAI,TERI MAA SE 30000 RS. LEKE GAYA HAI, TERE HUSBAND NE AAJ TAK TERE LIYE KUCH NAHI KIYA FIR ISS BETI KE LIYE KYA KAREGA? ETC. AISE SAB HO RAHA HAI. HUM HUSBAND WIFE ME ITNE JHAGDE HOTE HUYE BHI BAHOT ACCHI UNDERSTANDING THI BUT WIFE KI MAA HUMARE HAR BAAT ME INVOLVE HONE KI WAJAH SE HUMARI PRIVACY KHATAM HO GAYI HAI OR ABHI AISA HUA HAI WIFE BHI USKI MAA KO JAAN BUJKE INVOLVE KAR RAHI HAI. MAIN APNI MAA OR FAMILY KI TENSION ME BAHOT FRUSTRATE HOTE JAA RAHA HU. AS WOMENS RESPECT ISS LIYE MAIN UNKA SAMAAN KARNE KE SIVA KUCH KAR BHI NAHI SAKTA LEKIN MAIN APNI WIFE OR BETI SE BHI DOOR NAHI REH SAKTA. THEY ARE ALSO MY FAMILY. THATS WHY PLEASE SUGGEST ME. WHAT SHOULD I DO ?
Shreyash Mohta
Responded 5 years ago
Aapki Dikkat mey samajh sakta hu. Is case mey, Aap Apni wife ko wapas leke aane ke lie [restitution of conjugal rights] ka ek case file kar sakte hain.
Aapko apni j o beti se nahi milne de rahe hain. Uske lie aap ek custody case file kar sakte hain. But case file karne ke Pehle aapko ye bata du. ki generally custody maa ke paas hi jaata hai, aur jo stithi mey aap abhi hai. khaaskar financially. To court bhi economical aspect dekhkar shayad custody maa ke pass hi rehne de. Magar, wo zaroor aapko milne ki anumati dega. Jaise kisi bhi cutody case mey hota aaya hai. Agar aap aisa kuch nahi karte hain jis se unme se kisi ko bhi koi nuksaan hota hai to aap abhi jo apni beti se nahi mil paa rahe hai, wo mil paenge.
Mere matt anusaar aapkelie ye best tarika hai aage bharne ke lie.
Thanks
Shreyash Mohta
behtar jaankari ke lie aap humhe contact kare vidhikarye ke dwaara
Anonymous
Replied 5 years ago
Sir, wo milne nahi dey rahey aisa kuch nahi hai but main jab bhi waha pe meri wife ko or beti ko lene jata hu toh wife ki maa buraa bhala keh deti hai or meri wife ko emotional black mail kar deti hai. Uski wajah se wife bhi tedi baat karne lagti hai. Or last time jo jhagda hua tha uski wajah se uski maa baar baar keh rahi hai ki jab tak pura parivaar mere ghar maafi maangane nahi aata tab tak nahi bhejungi. Main gaya tha tabhi toh bahot kuch bol diya unhone. Baad me mere gharwale jan 2019 me jaa kr aaye toh unhone bhala bura kaha. Meri wife samajdaar hai but uski maa jo emotional blackmail kar rahi hai uski wajah se meri wife thik se decision nahi le paa rahi hai. Or meri wife ke dad ki or maa ki divorce case court me chalu hai. Or unka bhi roz jhagda chalu rehta hai. Or unke ghar bhi pura prblm create krne me wife ki maa hi hai. Har time iterfere.
Shreyash Mohta
Replied 5 years ago
Sir aapki problem ka upar jo maine jawab diya hai wahi ek solution samajh aaraha hai mujhe. Behtar jaankari ke lie aap vidhikarya ke through humare lawyers se sampark kar sakte hai.
Anonymous
Replied 5 years ago
Ok sir
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Dear Sir,
My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.
1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
2. What’s are rule and regulation for taking divorce?
Ans: It is given below.
3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.
Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.
4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .
Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.
5.Can I take my son custody after 7 years from court.
Ans: Yes, even before that.
6.If I want to do settle out court what is the chance of her asking me for alimony amount?
Ans: Rs. 5 to 6 lakhs.
7.On what bases this alimony and monthly expenses is decided?
Ans: On the basis of your personal income.
8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ?
Ans: Yes, definitely. Then she is entitled for monthly maintenance only.
9.What is the difference between alimony and monthly expenses ?
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ?
Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding.
11.Whether she can do any police complain against me or my family ?
Ans: Yes. But now Supreme Court given several instructions to police before arrest.
12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this?
Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC
13.Can she harm me and family by putting false alligations ? How to take precautions for all this?
Ans: YES, File quashing petition before the High Court.
14.I even want to know that what are strict norms are there for taking divorce?
Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge.
15.Because my wife is continuously telling me now Norms are very very strict what’s are they?
Ans: Nothing to bother, your advocate protect you.
16.Yes she is working if she is working then I am not liable for her maintenance money
Ans: Yes, your burden will be lessened to 50 to 75%
17.what is section 487A IPC in this can we go bail procedure before and keep it ready with us.
Ans: At the end given.
18.What is RCR?
Ans: It is Restitution of Conjugal Rights filed under section 9 of Hindu marriage Act.
19.What are Section 498A and DV Act?
Ans: Given below
20.Under this act will I get bail or not?
Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR.
21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her?
Ans: No, law does not permit.
22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account?
Ans: to her account.
22.What is Special marriage act and Indian Divorcee Act?
Ans: Please see below. Both applicable in India.
23.what is the procedure for taking bail?
Ans: Your advocate will tell you if you pay fee.
24.If my wife does second marriage will I be still liable to pay her monthly maintenance?
Ans: No.
25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce?
Ans: You will be in jail if you marry without divorce under sectin 494 IPC
26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section.
Ans: If you have money and refuse then you will be sent to jail.
27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family?
Ans: yes, police create a very good story and register FIR,
28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast?
Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days.
Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]
Section 498A in The Indian Penal Code
376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun¬ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]
Dear Sir,
Your questions are answered as follows:
1.Can she ask me to come to her place or refuse to come to my place?
Ans: No, it cannot be. Her proposal cannot be accepted by Courts.
2.Can she file false dowry and domestic violence case.?
What punishment will be given to her for false cases ?
Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter.
3.How long shd I wait for getting divorce if contested ?
Ans: About 2-3 years depending upon the tactics of other side.
4.How frequent can I get visitation rights of child and also during trial ?
Ans: Once a 15 days depending upon age and sex of the child.
5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases?
Ans: If she includes your parents in the FIR, there will be some problems in pension settlement.
6.Does separation count from the day she left or the day I stopped visiting her ?
Ans: The day she left you that is deserted you.
7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws?
Ans: Yes, you are correct.
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The following are similar FAQs asked by my another client....for your ready reference.
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Dear Sir,
My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.
1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
2. What’s are rule and regulation for taking divorce?
Ans: It is given below.
3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.
Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.
4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .
Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.
5.Can I take my son custody after 7 years from court.
Ans: Yes, even before that.
6.If I want to do settle out court what is the chance of her asking me for alimony amount?
Ans: Rs. 5 to 6 lakhs.
7.On what bases this alimony and monthly expenses is decided?
Ans: On the basis of your personal income
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Anonymous
Replied 5 years ago
Where is my answer?
Sapinda relationship
Is any legal obligation for me to share the property within my brothers and sister
My parents trying to control my life they want to control me like papate.
Money fraud done by brother
Inquiry Regarding Maintainability of GWOP Case
