Legal Question in Family Law in India
Respected Sir/Sirs,
Thank u very much for valuable suggestions.
How many times can I apply for MC petition in a life time? Is it only once in a lifetime or many number of times? if many wht shd be time gap?
how many times my husband can apply for divorce? Is it only once in a lifetime or many number of times? if many wht shd be time gap?
Can I apply Restitution of Conjugal Rights on my husband when divorce, 498A and MC are pending. if not, when can i apply it stating that he is not taking me along with him.
My husband is not taking me and my daughter (2.5 years) along with him and also filed divorce. If divorce case is closed and he does not take me and my child what will happen to MC petition. Will the court give maintenance to me and my child. what is our position if he leaves us just like that? whom should i complain to the Court/Police Station. I do small job which fetches me 2000 and i am completely dependent on my parents for everything. How long they will bear us? Furthermore he is escaping from taking the MC petition by changing houses. This time we hav sent to his office. Are there any changes of manipulations over the nearest PS of his office? If S, what should I do?
He is telling me to close all petitions, but what if he leaves me and my daugther again after closure of the 498A and MC. Then when shd I EXACTLY close this MC petition. Can I reopen the MC case. If s, how? I hav also mentioned that i am livng separately frm my parents to get more amt? what are the other various possibilities that come under MC amt increment?
Can I close the present MC one of Rs. 20,000 claim and file another petition for Rs. 40,000?
If s, how and within how much time? If no, y?
What could be my husband's point in applying divorce (june 2009) in a nonjurisdictional court. Only to threaten me or he really wants to get separated from me. On applying MC (Nov 2009) he immediatly started asking me whether "Do u want me or not."
I am 100% sure of his concubine (40+), becoz he himself told me the same, and told me he would continue so til I get him Rs.5 lacs for his loan clearance. Photos of both of them going out to public places, park etc, shopping and buying her and her family everything etc can it be a proof of this illegal relation? What could be perfect proof for this? Can a FIR for ADULTERY be good evidence. The SI confirmed his relation, but i did not give written complaint only oral.
I know his sal is Rs. 70,000, but how can i prove the same to the court? By salary slip or sal certificate or identity card. His sal slip is displayed only in his computer in his office, then how can i get it. If he simply says that I am not at all working anywhere or my salary is just 25,000 then
what should I do? What could be the good evidence that he has a good salary?
What are the possibilities that i can collect these evidences by myself or a relative of mine?
The basic problem is my mot-in-law for want of money. Can i request the judge orally that my mot-in-law should not live with us and i vil close only on the condition that they (husband, mot-in-law, bro-in-law, co-sister) shd give me a written letter/form that they will never torture me for money and they r my husband are responsible if anything happens to my life or my daughter's life. During the due date of 498A case (when my husband comes for signing in the court), can I go to the judge meanwhile and speak out to the judge abt the real situation that he is not allowing us inside his house and demanding money.
I and my father hav cleared of loan of Rs. 40,000 for bike abt 10-11 months ago, the bank people came to my parents's house and demanded money. My husband cunningly gav my parents's address and escaped. The NOC is with us. Can we get this amt back. If s, how?
1 Answer from Attorneys
Last question first, yes you can get this amount back which you deposited with the Bank as repayment of his loan.
There is bar for filing divorce again once the petition is dismissed on merits. However, there is no bar on filing MC if the same is withdrawn.
In the given situation you should pursue your 498-A diligently and be careful about the terms and conditions if there is an out of court settlement. It may weeken your case if you choose to withdraw the 498-A case.