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I got married 15 months ago , after few days I got to know that my wife is suffering from schizophrenia ( psychosis ) since last 14 years ( I have her & her parents voice recordings and one old prescription before the marriage), her parents and she married me by hiding her mental illness. From that time till now I was trying my best to get proper treatment, but seems everything is useless, she is making false allegations on my family members even we are not living with my family after marriage ( as she is working as doctor in another state). nMy question is n1. Whether I can get divorce on the basis of her mental illness?n2. Do I need to pay alimony even she is a grade-1 officer ? nSomeone please help me.
You may file for divorce on the ground of concealment of your wife's illness from you at the time of performance of the marriage. As regards alimony, now both husband and wife are required to file an affidavit of income and assets before the court so if your wife is able to maintain herself, then ordinarily no maintenance is required to be paid to her.
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Hi,nI want to know is emotional abuse ground for divorce ?nAnd what proofs are required to prove that.I also want to know how long it takes to get the divorcw finalized if no alimony or child support isssue is thereOn what grounds can court reject the plea for divorce.
Emotional cruelty is a ground available under section 13 HMA. However, you must show the damage caused to you by such behaviour of your spouse either by medical documents, statements of your relatives etc. Contested Divorce proceedings take atleast 1-2 years. Divorce can be dismissed if you are unable to persuade the court in support of the ground for divorce.
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HiWe have stay from court related to unauthorized construction by my uncle on undivided ancestral property. Still he is not stopping construction work. The local municipal corporation not doing anything.. we have filed for contempt of court but as we understand it is difficult to stop construction as we have been openly told by other party we can not do anything. Is there any other legal option available now..
pursue your contempt proceedings. additionally you may also make a representation to the concerned municipal authority along with the copy of the concerned court's order asking them to stop the illegal construction.
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My maternal grandfather died without a will. nnMy mother 's brother made her sign a Memorandum of Family Settlement where she has agreed that he brother will have sole right to my grandfather's house, including right to sell. The document is notarized but not registered. nnHe had made some verbal promises in return which he now refuses to honor. Also, he has used the document to get the title(patta)of the house in her name. My questionsn- Does my mother still have a share in the property as no settlement or relinquishment deed has been registered?n- Can she stop her brother from selling the house ?n- If he sells the house, can she claim her share from the proceeds ?nnThanks.
Family settlements are binding unless you are able to show absence of consensus. also, the nature of the property, whether co-owner or co sharer is significant to decide whether any sale can happen without the consent of the other parties.
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Hi, I got a summon 61 from Tata capital for personal laon and they've booked me for section 138 under N.I. Act. They've asked me to be present in Jaipur on 18th November and have tole me that I could discuss this case in lok adalat on 12th November. I want to settle my debt so do I actually need to be present in court or can settle the case in Lok Adalat? Please help
for settlement anywhere you have to be physically present before the court for your signatures and appearance. You may also settle this in Lok Adalat by being present physically before the court wherein you will receive the copy of the settlement and order disposing your matter there and then, on the same day.
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I am married to my wife for 17 years. I had a troubled Marriage since beginning. She always doubt on my character, never let me do things of my choices, doesn’t let me meet my parents, abuse them, say objectable content for me and my sister . Whenever I go to meet my parents, she make my life hell by threatening of suicide . She always threaten me to suicide or sending me n my family to jail. Sometimes become violent and throw things on me . It’s very difficult to live with her. She don’t want to divorce. We are living in a flat bought by me in her name. I am paying the instalments. How to go forward
You can file for divorce under section 13 of the Hindu Marriage Act if you are a Hindu on the ground of mental and physical cruelty. Additionally if your wife is giving threats to harm herself, it is advised to approach your nearest police station and submit a written complaint regarding her behaviour and initiate proceedings under section 107/116 CR. P. C for your safety. If you are afraid for your own safety, you may also approach the police station to lodge an FIR regarding the same.
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Father need child custody of boy.. section 13 and 26 filed by father..But 1.5 years passed opposite party not replying.. still I did not get even visitation right.. party not replying still no exparte decision or stop reply action is taken by court.. THEIR IS NO JUSTICE AT ALL. IS THEIR ANY WAY BY WHICH I CAN GET CHILD VISITATION RIGHT EARLIER. OR CAN I MEET MY CHILD WITHOUT VISITATION RIGHT. AS WIFE ALSO HAS NO CUSTODY RIGHT GRANTED BY COURT.. ONCE I TRIED TO MEET MY CHILD IN SCHOOL , MY WIFE ISSUED A LETTER ON BEHALF OF SCHOOL FALSELY STATING THAT FATHER IS CREATING nuisance in school.. Child is 4.75 years old boy. Now I Filed section 25 guardian and ward act 1.5 months ago..IS THEIR ANY LAW WHICH PRECENT FATHER TO MEET HIS OWN CHILD WITHOUT VISITATION RIGHT. ANY ORGANISATION WHERE I CAN COMPLAIN THE SAME FOR MY HUMAN RIGHT
You will have to bring complete details of your court file for better advise, however, custody of young child is ordinarily with mother only. But you still have visitation rights as father of the child which cannot be taken away from you. if your matter has been pending for long before Family Court, you can file a writ petition in High Court of your area to get directions to the Family court to quickly decide your application within a fixed time frame (4/6 months) You can meet your child in school with the permission of the teachers, however it is not advisable to forcibly enter into your spouse's house to visit your child.
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My marriage is 8.5 years old and we have a 5 years child. My wife was having an extra marital affair with an unmarried guy since last 2.5 years. Now I want divorce. I have pictures of her with that guy in romantic poses. She also accepted all the things she has done.
you can file divorce on the ground of cruelty as commission of adultery by either spouse is still a valid ground for divorce under Hindu Marriage Act. To support your case you can attach the photographs and videos that you have of her. Along with divorce you may file for custody of your child too.
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I am mother of a 4.5 yr old and a 2.5 yr old. nnI am financially independent. nnI am having triffs with my husband and I am worried we may end up in court soon to file for a divorce. nnnOnly thing that worries me is my children custody.
Courts are reluctant in separating young kids from their mother and granting full custody to father. In the event of matrimonial dispute such as divorce or if you are already living separately from your husband, you can file for full custody of your children along with maintenance for them from you husband.
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A FIR under IPC 498a 406 504 506 was registered against me and parents in June 2021. I have approached Raj HC for quashing u/s 482 crpc. The HC while accepting the petition issued a stay on arrest order, also stating that petitioners are needed to join the investigation. We joined the investigation and it is now complete. Also, the Quashing case is still pending in HC. nMY QUESTION - Can the police file the chargesheet while 482 crpc is pending in HC? If yes, is it the general practice followed in Rajasthan?
If the HC has stayed ur arrest only and not the investigation, chargesheet will be filed. investigation officer is duty bound to complete the investigation and file chargesheet within 60/90 days.
If the HC has stayed your arrest and investigation in the matter, then unless the stay order is vacated, chargesheet can not b filed and matter will remain pending
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