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Messages - stoney

Pages: [1]
1
Marriage / Re: Leagal rights in Divorce !!
« on: February 08, 2018, 11:06:55 AM »
Dear friend,

I am shocked to hear your story. You may go for mutual divorce. If you can, you pay something and get rid of her as soon as possible.

The law of  divorce among the Christians in India is follows:

The Indian Divorce Act deals with divorce among Christians. The reasons are almost similar to the ones under the Hindu Marriage Act. Roman Catholics do not come under the purview of any divorce proceedings since the Roman Catholic Church has not recognise divorce. The Divorce Act also does not contain any provision for divorce by mutual consent.Maintenance: During the period when the divorce case is in the court, the husband has to give one fifth of his salary for the maintenance of his wife. Later, maintenance can be given either yearly or once for all as total settlement.Custody: Custody of the child is decided by the court after going into the details of each individual case.
 
The Dissolution of Marriage and Judicial separation (under the Indian Divorce Act, 1869), allows a Christian wife to file petition for a divorce either in High Court or District Court on the grounds…
o      That her husband has exchanged his profession of Christianity and gone through a form of marriage with another woman.
o      Has been guilty of incestuous adultery.
o      Has been guilty of bigamy and adultery.
o      Has been guilty of rape, sodomy or bestiality.
o      Is guilty of adultery coupled with desertion, without reasonable excuse for two years or more.
The Indian Divorce Act, 1869, is an attempt to amend the law relating to the divorce of Christians and to confer jurisdiction on certain Courts in matrimonial matters. Section 7 of the Act specifically provides for the application of the principles and rules on which the Court for Divorce and Matrimonial Causes in England acts and gives relief.
The relief granted under Indian Divorce Act, 1869…
o      Dissolution of marriage
o      Nullity of marriage
o      Judicial separation
o      Protection orders
o      Restitution of conjugal rights.
The Courts also have powers to:
o      Order adulterer to pay damages and costs
o      Order alimony, pendante-lite (pending decision of the Court) or permanent
o      Order settlement of property
o      Make order as to custody of children in a suit or separation
Though Section 22 of the Act bars ‘divorce mensa et toro’ (a decree that can be obtained without the presence of the other party, an exparte decree), it provides for obtaining a decree for judicial separation on grounds of
o      adultery
o      cruelty
o      desertion, without reasonable excuse for two years or more.
Once the separation is awarded, from the date of the sentence, the separated wife would be deemed spinster, with respect to property, which she may acquire or which may devolve on her. This status would apply for the purposes of contract, wrongs and injuries and suing and being sued in civil proceedings.


Mr Kalaskar thanks for sharing this info. It is indeed helpful and perplexing at the same time since it mentions what all the wife can claim divorce for and doesnt mention the grounds a christian husband can use to get a divorce or separate from his wife. This I mention keeping that indian laws and not gender-neutral and more so anti-male.

Could you provide any guiding light w.r.t the law on that pls?

2
Divorce Laws / Re: Wife is refusing to divorce or stay together
« on: February 08, 2018, 10:31:04 AM »
What happens if the wife takes the children and stays in her inlaws place and refuses to communicate or come back ever?
If you, in this situation, go your way and ignore her and move on in your life 8), can she anytime file a case of desertion or negligence of children etc knowing that the marriage is technically still intact on paper?

3
Divorce Laws / Re: Wife is refusing to divorce or stay together
« on: April 20, 2014, 08:25:51 AM »
yes you can file against your wife for taking away your baby without your consent, she cannot do that, the child is yours too as much as its your wife's

How do I proceed legally to make sure she knows that sitting at her parents house with the child and refusing to come back or stay away from me is not an option? Under what all cases can I file for what she is doing to torture me and ruin that little baby's life?

4
Divorce Laws / Re: Wife is refusing to divorce or stay together
« on: April 17, 2014, 08:38:31 AM »
Does reaching the airport and calling from there while I was at work count for informing before leaving? Because that is what she did and totally caught me offguard. And her mother helped her with this.

5
Divorce Laws / Re: Wife is refusing to divorce or stay together
« on: April 14, 2014, 11:06:38 AM »
Hey stoney, there is no need to fear the law nor do u need to fear your wife...
all u need to fear is your lawyer and your wife's lawyer in matters of family law.... Both of u will be reduced to puppets in the hands of vakil sahibs.... That is where is the actual problem

Maybe you have a point but there's no other way for me to hold her accountable for her actions.

6
Divorce Laws / Re: Wife is refusing to divorce or stay together
« on: April 14, 2014, 11:05:13 AM »
Why are u scared of the law. The constitution guarantees right. To equality before law to all. No one can take that away from u. Be brave don't create opinion based on hearsay. Now first get all possible information about your wife, which can be used in court against her. Her where about, affairs if any, her salary, her behaviour towards your baby etc everything. Once u have enough evidence. File for divorce and child custody simultaneously. Do this much than let us know

Yes but I dont have any evidence or so. And she's in India now so its impossible to keep track of what's going on there as they don't call or email me. isn't there any law in India where a woman can be penalized for taking the child and running away without informing?

7
Divorce Laws / Wife is refusing to divorce or stay together
« on: April 11, 2014, 02:05:30 AM »
we were married in 2009 (in mangalore India) and in 2013 she along with her mother took our 3 month old baby and left in my absence when I was at work. She then sent an email saying that she still wants the marriage but refuses to call, email or come back to the UAE where Im working. Her mother and family have repeatedly threatened to extract all money from me and my family (we are very middle-class people) by misusing the current indian laws which are pro women. And they always lie about everything deniying everything Ive done or do for my wife and child.

For the first two years we had a good marriage but after she got a job, her mother who is extremely greedy for money started creating problems for me by forcing her to go against me despite me loving her with all Ive got. She stopped sharing in expenses and refused to put in savings for the future and kept sending money to her mother who happily went and bought and new car and was playing with shares and mutual funds. Ive given my wife everything she wanted but because of her mother she is now refusing to come back and is asking me to leave everything and stay with her in her house under her parents knowing fully well that i will not agree to this. Also she, under the influence of her mother is threatening my parents over the phone to force me to give her full authorization to take everything from my bank account. My parents have repeatedly tried convincing her to reconcile and think of our little baby's future if not hers. But she's happy at her parent's place as her brother is earning now and is not yet married and also her father is just retired .She has always been in touch with her old colleagues, girlfriends and boyfriends from Bangalore and is in her comfort zone and is hence refusing to co-operate or communicate. Her mother prides herself with ruining lots of relationships just because it didn't serve her purposes and i never though she would do that to her own daughter who is blindly following her instructions

Me and my family are feeling totally helpless and are having sleepless nights thinking about the future of our child and this marriage which is being held hostage by them to extract money. How can I proceed to get them to take a step either divorce or reconcile as they are not communicating at all even over the phone and are leaving me and my family hanging in this torture. Ive lived as a bachelor but I am a complete family man and can't bear the thought of living life away from my little baby and am scared of the upbringing and difficulty she will go through in that immoral family. Plus the thought of her never knowing who I am or being able to hold her in my arms is like getting totured and killed everyday.

Can they get a benefit through delaying taking a step now and is there any way to avoid being falsely accused or trapped by the divorce laws in India as they plan to do with me? How can I avoid being a victim to their tactics if they don't divorce or if they do initiate divorce?

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