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Hi, i did 2nd marriage in 2015 AUG after my 1st wife passed away in 2014. 2nd marriage is not registered but Photos as proof are there. But we had differences she stayed with me only for 8 months and she left. After that in 2017 i got Paralysis and from then my daughters are feeding me and taking care of me. She never returned even when i was in bed for 7 months last year. Now my Father gave me his property as giff deed his own earned property. So my 2nd wife wants to file a case to ask share in that property given to me. Please tell me leagal points, i have 2 daughters who are yet be get married. Elder daughter is working younger daughter is still studying. Please advice what legal points are there to understand.
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A. Dear Client, The property cannot be claimed to be a shared household. Courts have also ruled that a widowed daughter-in-law has no right to live in her parents-in-laws property against their wishes if the property is a self-acquired property. The maintenance of wife is the personal obligation of the husband. and wife even cannot claim property of father in law or even her husband during existing of the marriage, right of wife is that to inherit share in the property of her husband if marriage is not dissolved and that too if husband died intestate without making a Will with regard to the particular property in question. Shanti Ranjan Behera, Advocate
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Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Ambrose Leo Experience: 9 Year(s) Bangalore
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 6 months ago

My husband is not ready to get separated. But I don't want to leave with him. He is alcoholic and his behaviour is not good towards me. If I ask for a divorce he says will not leave u. Make sure you will suffer whole life if you leave me.
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A. Dear Client, You have the right to divorce. Simple. Make up your mind first. No point in living in abusive relationship. Other things will follow next. Shanti Ranjan Behera Advocate
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Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
Prabhakara S K Shetty Experience: 19 Year(s) Bangalore

Sitra Singh

Posted 6 months ago

My husband and I got married in 2013.rite after marriage he and his family started fighting for dowry.passing comments after two years of marriage I started replying back and more fights started,then he started more later he suffered cancer and I was with him throughout during cure,he was completely cured 2016 Jan,then he started staying with his parents sister also came and they all started the same commenting ,bulling me,showing eyes,later my husband fought with me and told me to leave home,I left with my daughter and started staying with my family for 1 yr 6 months, now he has sent a divorce notice before divorce he deposited the dowry amount given to him by cheque at marriage in my account.his grounds for divorce are my fights with him for 7 hrs,I run away from his house,I tried to commit suicide by eating thyroxin pills .I m a thyroid pt all these charges are mere false invr ran away and NVR consumes pills .
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A. Dear Ms.Sitra Singh, Since your husband does not want you there is no point in living in abusive relationship. Better you ask for better compensation ie. alimony and education of the child etc. Shanti Ranjan Behera Advocate
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Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
dear all this is nagaraj from bangalore i had marriage 20 months ago ..!my wife wanted to continue studies i accept that and sent her to collage after complete ..! she directly went her home and not rady to come my home i have requested her several time but she blackmailing me that file douri case if try to convence her requesting her on 27th 11 2018 but she complained in police station that m torcharing i have call conversation of she telling that i have not asked for douri not torcherd and not did anything by force and audio proof of she blackmail me about douri
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A. Dear Mr Nagaraj, Yes, you can. If the divorce is with mutual consent it can be solved within 6 months. If wife does not want the divorce and wants to delay the process in some pretext or the other it will take time. Better talk to her and decide what to do next. Shanti Ranjan Behera Advocate
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Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
ARPIT BATRA Experience: 11 Year(s) South Delhi

Partha Hazari

Posted 6 months ago

I am a private . How much money the court will justify as maintanenc for bride if bride Family demands? If I fail to pay, what would be ?
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A. Dear Mr Hazari, Maintenance depends on so many factors and decided on the basis of rationality. If you are not happy you have the right to go to the upper court for Appeal against the judgment of the lower court.So do not worry. Shanti Ranjan Behera Advocate
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Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
ARPIT BATRA Experience: 11 Year(s) South Delhi
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 6 months ago

I am a woman staying alone in a different city seperate from my husband for the past 1.5 years though we are officially not divorced as he refuses to divorce me. But I have no physical contacts or any financial dependency with my husband. I texted him but he doesn't bother to reply.. Am I still in his nikah?? He has taken back my Mahar before he removed me from home. All gifts like bike furniture everything is with him only.. Now I want to marry another man, do I need an official divorce from my first husband ?? How can I send him a khula ?? Please guide and help.
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A. You are still in the marriage. But if you want a divorce you are eligible to get. ask vidhikarya to provide contact details.
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Prabhakara S K Shetty Exp: 19 Year(s) Bangalore
Deepak Bade Experience: 9 Year(s) Nanded
Kavery Anand Experience: 13 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Hello, I have a friend who is mother of a 6 months old baby.She & her husband have very different thought process and they don't get along well. The husband is too inclined towards outsiders & has humiliated his wife for them.Anyone can easily manipulate him. His wife is an introvert, dignified,emotional homemaker as well as a focused career person.Inspite of all the attempts to make things work both end up into ugly fights.These fights are creating bad memories leading to negativity in both.This might badly affect the child & them individually.Hence ,it is wise to separate.However,he is politically well connected & is reluctant to let go the child.They havent yet applied for divorce... ?? What are the chances that he can get the child ?
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A. Not till the baby is 5 years old.
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ARPIT BATRA Exp: 11 Year(s) South Delhi
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Rajender Prasad Experience: 5 Year(s) New Delhi

Anonymous

Posted 6 months ago

My wife is putting false allegations on me to get divorce. Can i file a defamation case against her
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A. Yes, it so happened with a Nagpur based man and Bombay High Court bench at Nagpur found his wife to be guilty of 500 and 506 for calling her husband impotent. You can contact us for the same.
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ARPIT BATRA Exp: 11 Year(s) South Delhi
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

AYAN PODDER

Posted 6 months ago

My child is 2 months old . My wife who is a complete house wife but don't seems to assist in household work and also not satisfied with my earnings and often abuses me by my mother in law. She also breaches the privacy of husband and wife. I cannot bear this further and want to be separated in any circumstances. Can I get custody of my child ? How can I get a separation ?
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A. Dear Mr Podder, You have to decide what you want. Whether you want Separation or Divorce. Divorce with mutual consent is faster and can be done within 6 months. You can not have child custody till child reaches 18. Both parents continue to share legal child custody until the minor has reached the age of 18 or becomes legally emancipated. Guardianship Under Hindu, Muslim, Christian And Parsi Laws: Under the Hindu Minority and Guardianship Act, 1956, S. 4(b), minor means a person who has not completed the age of eighteen years. But, you can visit rights and visit the child in the presence of mother as per the direction of the court. Shanti Ranjan Behera Advocate
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Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
VLN Prasad Experience: 19 Year(s) Hyderabad
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Bharat SETPAL

Posted 6 months ago

Married for 23 years no complaints . Children major ,making money . My wife has left me about 3 months ago . I have that in writing as she took all her belongings with her . When can I approach the court for a decree & can I registere myself on a matrimony site ?
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A. A divorce decree from competent court is necessary
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ARPIT BATRA Exp: 11 Year(s) South Delhi
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Vishwabandhu Chaudhary Experience: 38 Year(s) Jabalpur

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