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We got married in Jul, 2017 My age (31) wife (30) this was an arrange marriage. We are based in Mumbai but I'm working in Chennai from last 5 years. She has younger brother and father who works in a small firm and house wife mother. Before marriage we had come to an understanding that no kids for at least 2 years meanwhile we spend good time together save money and get our own house in Chennai. In all our conversations from our engagement time till November 2017 I've always realised She's bit immatured and cannot take ANY decisions on her own and she's very introvert. She's always depended on her mother for any small decision in her life. After marriage we moved to Chennai and started having small misunderstandings She's become more dominating and tried to implement whatever her mother says. Her mother dominates her entire family nobody dares to speak against her not even her father. So she wanted her daughter(my wife) to do the same and make me dance to her tunes but I'm completely against her wishes which annoyed her and her mother. As this continued for certain time she decided to go back to her Maternal home (Mumbai) and she closed all communications with me after she reached there. My family arranged couple of meetings with her family and few well wishers to sort out these issues everybody understood that her mother is the real culprit behind all her wrong behaviour Now MY Wife is refusing to come back so I sent a normal notice through my lawyer (NOT court) to come back and lead a normal marriage life. In reply to my letter she sent a notice through her lawyer (NOT court) quoted with baseless allegations like dowry & sexual harrasment and we forcefully thrown her out from my home (all are baseless allegations) I didn't respond to her notice which has all false allegations So wanted your help on below questions 1) Sending (RCR) Restitution of Conjugal Rights (Through Court) is the best option or filing Divorce ? If I file RCR, Can she file Domestic Voilence meanwhile without any concrete proof ? 2) Will her lawyer charge any money to come to court after I file RCR ? what exact charges ? (Apprximate charges ??) 3) While RCR is going on can she ask for interim maintainence ? 4) If she denies to comeback after court counselling through RCR what are the next steps ? Any Grace period given to her ? and when can I file for divorce ? 5) If she comes back can I get an approval from court to install CCTV @ my home in Hall (to avoid future problems) ? 6) If I file for Divorce after how long she can ask for interim maintainence ? 7) If I file for Divorce and after counselling if she asks for reconcilation and she repeats same things again can I file for Divorce again 8) If she refuses for Divorce petition can I take petition back and can court order her to come back and stay with me, if yes after what time duration she's supposed to come - The reason I'm thinking of RCR is I don't want to pay interim maintainence (I can pay lumpsum / total money in the final agreement) My questions maybe confusing whether I want this marriage or not ?? But I'm decided that I don't want to stay with her any more, just to clarify whether I should go for RCR or divorce? if she & her family pleads to take her back then I may give it a thought As her family is very cunning I want to ensure my moves are more accurate and prepared for everything. We are not in talking terms since Nov 2017 & as far as I know she doesn't want to come back but if I initiate and file for divorce she may play smart. Thanking you in advnace for taking your time out and guiding me in proceeding further in my case Regards, Nani

A. you can send the legal notice and submit application for divorce, as per your request insteed of paying monthly maintenance you can pay lump sum also it is applicable in process of law. contact me through vidhikarya it case will sorted out easily
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Rajender  Prasad
Rajender Prasad Experience: 5 Year(s) New Delhi
Nirmal  Chopra
Nirmal Chopra Experience: 20 Year(s) New Delhi
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
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Anonymous

Posted 1 year ago

Hello Sir My sister is married and she has two sons??But she is without divorce living with other guys.. she also not taking responsibility of her sons.. my jiju take care of his son...now she and her boyfriend has sent notice for divorce and warning that if he will not give her divorce she will file f i r against me my family wrongly now what can we do?

A. It is better to give her divorce but on mutual terms before that you and your jiju must file a police complaint against her for future safety. Moreover it is better to divorce then to live with a unchaste woman.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Neeraj  Kumar
Neeraj Kumar Experience: 1 Year(s) Patna
Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
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Anonymous

Posted 1 year ago

My friend's daughter of 19 years, following altercations with her father on certain issue, has left home without asking her parent and has married a muslim boy, though she is Hindu. As she is above 18 years and can opt for her choice, I think her action does not stands in violation of law. But, the boy with home the girl has married, is reportedly a rowdy fellow and we apprehend he may, in course of time torture the girl and may also create problem for the family of the daughter. In such a apprehensive scenario, what precaution/safety meaures needs to be taken by my friend ? Regards,

A. As per the Supreme court verdict when boy & girl consent with free will and marry is with in the Law. When such a situation in future can take recourse of law.
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Dipankar Roy

Posted 1 year ago

My friend's daughter of 19 years, following altercations with her father on certain issue, has left home without asking her parent and has married a muslim boy, though she is Hindu. As she is above 18 years and can opt for her choice, I think her action does not stands in violation of law. But, the boy with home the girl has married, is reportedly a rowdy fellow and we apprehend he may, in course of time torture the girl and may also create problem for the family of the daughter. In such a apprehensive scenario, what precaution/safety meassure needs to be taken by my friend ? Regards,

A. From your query, it doesnt appear that there is any cause of action in present and therefore, you cannot take any legal action at this stage.
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Prabhakara S K Shetty
Prabhakara S K Shetty Experience: 19 Year(s) Bangalore
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Ambrose Leo Experience: 9 Year(s) Bangalore
Prabhakara S K Shetty
Prabhakara S K Shetty Experience: 19 Year(s) Bangalore
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Anonymous

Posted 1 year ago

I want to knw about order 6 rule 17 under section 151 cpc.. Plz describe

A. The petitioner can pray before the court for amend order 6 and rule 17 under Section 151cpc .
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
 RUSHIL MUKESH  AIYA
RUSHIL MUKESH AIYA Experience: 7 Year(s) Mumbai City
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Anonymous

Posted 1 year ago

My father married my mother, as was already married and has been living with us since 32-35 years with a different surname 'Verma' instead of his real surname 'Soni'. My father purchased a land in 1985 from his real surname, where my mother, who is a government servant, made a house with the money earned from her job. But now his first wife and their heirs (who are living in my father's ancestral property ) declaring our home as their and our father is also refusing to make our name in the house since my father and his first wife and children has same surname and ours is different as provided by him. What we can do to save our house.

A. Here surname does not become relevant as long as there is no dispute about the identity of the person. Your mother can bring an injunction order on the ground that she vested on that house and property and cannot be evicted.
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VAISHNAVI JADHAV

Posted 1 year ago

Sir/Mam, I am Married women. when i was small my mother and father have divorce. my father get married with another women and they have 2 child. I was live with my grand mother and grand father. I was get married with other cast person for that my hole family was not talk with me till now. my grand mother have 4 child I have 2 uncle and 1 attya. they all are settled very well and they have there own and well build hoses. but in the house of my grand mother no is lived there. after marriage i live with my in lows. but I don't have well build house to live. my house is very small. my economical condition is also very bad. So my question is Can I demand for that house to my family members?

A. I don`t think you have any right over uncles houses.
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Nilanjan  Chatterjee
Nilanjan Chatterjee Experience: 5 Year(s) Howrah
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
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Ambrose Leo Experience: 9 Year(s) Bangalore
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prem Raj

Posted 1 year ago

Dear sir/madam.i loved a girl in 2016.we both are majors now but there family taken her to there native place .I don't know there address.i have only photos and numbers.they saying I give my daughter to there cast .sir can move legally....

A. Dear Friend,
First find out your girl by filing missing complaint with police or Habeas Corpus petition in HC. If you really love her then you will spend money and find out Then marry her on her consent.
=======================================================================================================
Habeas Corpus
The expression “Habeas Corpus” is a Latin term which means ‘to have the body’. If a person is detained unlawfully, his relatives or friends or any person can move the Co ...ReadMore
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I had file a Application against my husband on 17-05-18 and case has cancelled 0n 19-5-18 after a agreement in police station But now i realised that i have taken wrong decision after have a look on my in laws behaviour. now tell me what to do. can i cancelled the agreement if yes then under how many days. or i have to re file the case if yes then under in how many days. Please Help Me urgent

A. Which/what application you have filed?? yes you can file complaint against your husband.
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Anonymous

Posted 1 year ago

I have a query. I am a Muslim girl who wishes to marry a hindu boy. However my family is allowing me to marry him only on a condition if a Nikkah is done. They want us to do Nikkah to avoid the ill treatments from relatives, although the guy do not intend to change his religion as well, the reason is same he don't want get to dis owned from his family. Please help me out with a way for it because I really wish to marry him with my family's approval. I am in major grief because of this. Please help and guide me with a proper solution in which both the family will accept us.

A. Let him do a nikah and whatever procedures are there. Also convince your parents that boy`s side also will do thier cerenoies at a different place. Thereafter you can live as you like. But think what to do with children.
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