Complaint Petition For Divorce
A complaint for divorce initiates the divorce proceeding by identifying the parties; stating the grounds for divorce; stating all claims against the defendant; and requesting the court to grant a divorce, grant custody, divide property, and order support. All complaints must be filed with the court and served along with a summons.
Question: Why did my husband put info that wasn't true on his divorce complaint/petition? Hey people, especially MEN who can help me understand why...
he put an entirely different date for our marriage, but he got the correct dates, month/day/year for our children
and he was trying to use separation as grounds for a divorce but in the state he lives in you have to be separated for at least 18 mos before filing, he knows this but put 9 mos separation on the complaint
what is going on or am I just worrying too much?
you mean sabotage the marriage?
well, i figure if he wanted to do that he would've at least lied and stated we have been separated for AT LEAST 18 mos. Just weird.
Answer: The real question is :is it over?
If you getting a divorce why does it really matter if you separated 6 9 12 or 18 months ago or if you got married in dec or feb?
Question: Have you ever taken legal action against your significant other? Have you ever been forced to take legal action against a spouse, boyfriend/girlfriend or domestic partner (ie: restraining order, file a harassment complaint or a petition for divorce, etc)? What made you finally do it? What was the final straw?
Answer: i had to once, it was a bf that i had about a year ago, he was stocking me.
Question: Dealing with False 498a charges? I am an American citizen got married to an NRI in USA. The marriage lasted only 6 months and she moved out and filed a civil suit here in USA on the similar grounds as 498a. I filed my response to her complaint and also a divorce petition. The cases are pending here and in the meantime they filed a complaint in CAW in India and after investigation it was rejected but recently they have been able to file a FIR by the order from the court for police to file a FIR. All of my family is included in the FIR and i have a sister who is living in India. She is married and has kids. Police came to her place and took their statement. She has never left India so obviously was not a part of the marriage. What are the right steps which should be taken to deal with the situation in India?
Answer: Get the F.I.R. made under section 498A I.P.C. quashed under section 482 Cr.P.C by the State High Court on the basis that it is absolutely based on false grounds as you both were married in a foreign country, stayed together in the foreign country were never lived in India at any relevant time hence the criminal complaint with regard to cruelty and mental harassment amounting to domestic violence etc if any should be made in the foreign country where all this has been presumed to have been occur.
There is no criminal complaint filed for domestic violence in the foreign country but only a civil suit this also show that the present F.I.R, under the relevant provision of Indian Penal Code etc is made with ulterior motive.
All the persons named in the F.I.R. were not physically present in the foreign country further show that this is a false F.I.R. which was an after thought act made after going with the usual trend in the society to file false complaint for dowry and cruelty in each and every matrimonial dispute to harass the husband and other in laws, all this done under the guidance of lawyers and Police personals who themselves had financial interest in this whole episode.
I feel this should be your priority to get this F.I.R. quashed here in India.
Question: My husband filed for divorce, why did he lie on his complaint? Men, maybe you can help me understand why.? He filed on the grounds of separation. In the state he filed, you can file for divorce on grounds of separation after you have been separated from your spouse (not living together and no sex) for 18 mos.
When he filed he stated 9 mos.
If he really wanted to get this over with then why didn't he lie and say that we have been separated for 18 mos?
He also put an entirely different year for our marriage but got the correct month, day, and year for the birthdays of our children.
He also had 20 days after I filed my repsonse to amend the complaint...but he didn't. He has also changed his number, his gf too. The judge is dismissing the petition b/c the ground is not valid.
Why is did he do that? I don't get it. He also got his fees waived claiming to be unemployed, but now I found out he is employed and I know where he works.
Maybe it's nothing to worry about, but what is the meaning of all this?
Just wondering b/c his ex-wife filed and she waited 18 mos to file.
no, he is representing himself.
Answer: If what you've stated is true...I would contact the district attorney's office. Your ex has filed papers and intentionally supplied false information. This is a felony crime.
Question: what is a H1-B petition? How does it affect citizens applying for the same job.? At my job, they put a notice about a H1B petition for a person who is divorcing her "Americanized" husband for less than a year. What is the petition? Is it so she can stay in the country? If there are other people at the time of her hiring that could have filled the position how does that affect them.
At the end of the notice it states that we can file a complaint with the US Dept. of Labor if there are any misrepresentations of fact. How do we find out if there are any misrepresentations of fact?
Answer: In filing an H1B petition they are saying that there is NO AMERICAN worker they can find who is qualified to work at that job. If you believe there are Americans who are willing to take the job, and qualified, file a complaint.
Question: Father in Law & Marriage problem. What to do? I just do not get along with my father-in-law (FIL). For many years, over slightest arguments he has always asked his daughter to separate from me. The man hates me deep down. I believe it might have to do with my parents coming from a very simple middle-class background. The FIL has brought up his daughter in loads of cash.
I am doing very well, have highest level of education from Ivy League schools . But the man is ex-colonel from military and is very controlling. He is extremely diplomatic and cunning too, I feel. But he loves his daughter
My wife is also very high maintenance (emotionally and financially). Even one complaint from her to my FIL and the man gets on my case. Eventually, we separated for one year, filed for a divorce and got back together again after withdrawing the divorce petition. However, this has resulted in extreme anger in my mind for my FIL, giving me chest-pains. I dont even talk to him. Now my wife is mad at me becos I didnt wish him on his BDay
Answer: Sounds like your wife isnt a whole lot better than your FIL. Personally I would get fed up with the whole thing. Id tell her to choose you or him. She sounds like a spoiled brat.
Question: Divorce before one year of marriage is it possible? I got married in dec,09,which was arya samaj and then regstirar marriage.after three days her parents took her saying that .they will do arrange marriage but now dont want to do.i dont what happen now my wife is saying that she is not interested to come back and she is telling that ur financial position is not good .so i cant live with u.they parents are saying that we wont except inter-caste marriage.they parents have brain washed her telling negative about me. after she said this one after a week i have filed Reconstution of congual rights(RCR) and after recieving the summon they have put dowry case(just compliant with help of known cop) on me and parents before my RCR filed date.they telling if u dont except for divorce we put dowry on u.now they telling that withdraw the RCR case and then we will withdraw Dowry compliant and we will file for divorce and you come except it.now my doubt is that is there any chance of divorce before one year(any exceptional case) and if i withdraw RCR then will there be any chance for them to file dowry complaint again once after withdrawing complaint by them.what would be the proof for me that they have withdrawn the complaint.it is not fir but just a petition to threat me but my uncle went for conselling they said give them divorce which girl side want.we both stay in different place,she tay in rural and i stay i urban.please suggest smooth wat to get out this problem.
Answer: Ramesh, consult with a good lawyer and take your decision.
Question: I am a middle class pakka mumbaikar. We got married in Yr.2006? Just after 6 months we started living separately after she admitted that she's having extra marital affair with her office colleague. She didn't agree to part her way with her lover even though I gave her this chance to forget past & begin with our new life. She continued to traumatise me by filing false complaints in different areas police stations/ Women social welfare organisations. I still had this hope that she would realise her mistake & come back. Finally after more than a year, she came back to collect all her wedding articles including her golden ornaments stating that she do not wish to live with me any more now. We gladly returned all her articles, gold having two witnesses from each end. She also charged false section 498A on me for which I had to pay hefty amt. She was misusing all women laws & harassing me & my family members constantly.
Finally I filed Divorce petition on Dec 2008. She came to court during third call & has now demanded alimony & court case charges of Rs. 25,000/- every month from me.
She's earning around Rs.8,000/- per month & also has sound financial condition. I earn Rs.17,000/- per month.
Pl. advise what should I do? Should I succumb to her pressure & mistakes just because she is a woman !!!!
Answer: Resistance is futile
Question: After three months of marriage, the wife is refusing to have physcial relationship with husband.? In the present case marriage took place on 17th Dec 2008 at Pune. Although the wife have no complaint against the husband and in laws she is refusing to have physical relationship with the husband. She maintains that if husband insists she is willing to divorce him but will never have physical relationship with him.
In the present case could husband move petition in court of law for dissolution of marriage. What is the time frame ? How quick he could seek justice ? Right from the first day the husband and wife never established physical contact and the present marriage is unconsumed.
Will the husband be held guilty if he forcefully try to consum the marriage?
Under such circumstances after having divorce could wife seek maintenance from her husband. Please advise.
- A Citizen, Pune.
Answer: In this peculiar situation I would like to bring two enactments concerning this issue of none consummation of marriage, these are the Hindu Marriage Act,1955 wherein section 12 of the Act provides:- Voidable Marriages.-(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
(a) that the marriage has not been consummated owing to the impotency of the respondent.
Secondly I would like to bring the Special Marriage Act,1954 section 25 :-Voidable marriages.- Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity, if-
(i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage.
What one find in these two Acts that in case there has been none consummation of marriage due to impotency of the respondent the marriage can be annulled by decree of nullity only in Hindu Marriages covered under the Hindu Marriage Act,1955 however if the parties have married according to civil form of marriage under the Special Marriage Act,1954 then the impotency of the respondent may not necessarily be proved but mere wilful refusal for this is sufficient to get the marriage annulled as one see in the present case.
However what I can make out this to be a Hindu Marriage & hence the impotency part of the respondent has to be proved. Here let me point out very important issued that Court recognises both Primary as well Secondary/partial Impotency which includes extreme case of pre-mature ejeculation etc as ground to holding none consummation of marriage due to the impotency of the respondent. Further the Court recognises,the term consummation of marriage as complete consummation not merely penile insertion which is held sufficient when we talk about defination of Rape under the Indian Penal Code, the consummation is more then just inserting penis in the vagina, hope you understand this very important point. The secondary/partial impotency of the respondent may not necessarily be a general in form it may be specifically for the petitioner per se.
Based on these important issues you can move the Court for annullment of marriage, if you have sensible lawyer to understand what all I discussed here in this forum.
Question: Us citizen married to someone from country of Laos now has the power to fight for half of everything that he? Us citizen married to someone from country of Laos now has the power to fight for half of everything that he have.
He married his long term girlfriend as his wife in her hometown of Laos and also legally in the US. He filed petition for her to emmigrate to the US to joined with him. She has only lived in the US for 19 Months and during the 19 Months that she has been in the US, she has filed complaints of DV, Battery, Divorce. The guys is 52 and the girl is 21. They both lived together, since she had barriers with driving, reading & writing english, he works and supports her while she attend ESL classes. After 10 months of living together, everything went downhill. Now she's entitled to half of everything that he's owned before they was married. How can this bee? He has spent thousands for filings and all necassery's for her to emmigrate to the US to join with him.
He didn't battered her. She made everything up so that she can get away from him. Meaning she used him to emmigrate to the US. The restraining order she filed, she has been denied for approval. The charges that she had against him was also drop/dismissed. So in both cases he's already won. Why? in the divorce case they would split everything in half. I would think that she is not entitled to any half of what so ever that belongs to him.
Thank you for all suggestions, you guys/girls.
Answer: She is entitled to half of the assets of the martial community. Some states exempt items owned before the marriage, others do not. Where she is from is immaterial to the case. The fact that he supported her during the marriage (a requirement for him to sponsor her for immigration) is immaterial to the case. The fact that she reported and the police investigated domestic violence is very material to the case.
Never marry someone you don't want to give half of your stuff to.
He needs to get a good lawyer.
Question: What type of household/living arrangements need to be provided to get custody or visitation of your children? I currently have joint custody of my children. During the divorce we settled on mutual agreements to take care of the children regarding everything and did not have a general visitation schedule. Since our divorce agreements he has had substantial life changes since he was involved in a major car accident due to drinking while driving (3x over the limit). He is recovering from a traumatic brain injury (it's been 3 years) and wants his rights as a father. Although I do not keep the children from him I am not comfortable in his living arrangements and the fact that he is driving without having the proper rehabilitation to drive again. His driver's license was never flagged with his brain injury and he was never cited with a DWI. Like I said, I don't try to keep the children from him but I do not let him drive them anywhere. So, I meet him in public places or he visits the children at my home almost anytime he wants. He has had several problems keeping a place to live because he spends his money foolishly and has moved 7 times in the past 2 years. His current living arrangement is in a two bedroom apartment with a male room mate that he just met 2 months ago. The problem is, now he is insisting on taking the kids places on his own and wanting them to spend the nights in an apartment that (in my opinion) is not suitable for children. I have told him that I have no problem with daytime visitation but I don't want to discomfort my children in a place that is not set up to be their home or have a "place" for them! Since he is getting very demanding over these subjects I have submitted a petition to modify our divorce agreements. He is insisting on dragging me through mediation to get his way and actually making threats to just take them away from me! He hasn't seen them or called them in 22 days but he has no problem texting his complaints to my phone. It seems now that he has a girlfriend he is trying to be father of the year and pushing for things that I dont feel comfortable with. Could he really get overnight visitation with those living arrangements? Would you let someone who recovered from a TBI, has arm and leg tremors, messed up periphial vision, limited neck mobility and takes anti-seizure drugs drive your kids around? Am I being unreasonable? And yes, for the safety of other drivers on the road I reported him to the Texas State Department of Public Safety.
Answer: it has to be clean and ready for children food that is up to date and stuff for kids healthy of course. you know all this things you would want for your child
Question: Man after ousting wife files criminal complaints against in-laws and ...? A poor man in early thirties grew as underprivileged but employed and,
-married to a young girl from better background, in her early twenties as per Hindu rites,
-after wedding started demanding more gold,and house furniture from in-laws living in other city.
-on not getting, started subjecting her to domestic violence,
-as a lusty, used her in bed as commodity,without caring for her health and even her pregnancy,
-after 4-m of pregnancy, he took her first time for health check.Her ultrasound test confirmed problem requiring abortion. Doctor advised couple to undergo certain tests to ascertain cause of defect. He ignored and blamed wife.Wife argued that he never took her for check, making him angry.
-in spite of her opposition, he managed to get her blood test done, indicating she was unfit for motherhood. Based on blood test, doctor made such report without her knowledge and without her past record. Her parents were kept in dark.
-He used the illegally procured paper to coerce her to desert him ,else he would take divorce by suing her on the charge of cheating her, by producing the said report,
-Wife and her parents got shocked and hurt from his this cruel behavioral and lost trust in him in that he might do any thing in future to harass them. So, wife left him forever and living with parents,
-Within two weeks, wife-side received legal notices attached with copy of police complaint and medical report from husband, charging that his in laws
(a) robbed his house on date... and took away wife's valuables with threat to kill him
(b) not allowing his wife to continue married life
(c) intentionally want his wife to have handicap child to claim for maintenance.
(d) cheated him by hiding her disease which he found
Also he sent a copy of notice of filing writ petition, containing all above papers and charging wife of cruelty on desertion.
Since the above episode five years have passed and till-date-
1) no communication between the two parties ;wife is in parent's shelter as unmarried
2) No retaliation by her parents since the day she was coerced to desert
3)No notice from husband and notice or summon from any court or high-court
Please advise whether wife-side is required to file case against husband so as to pull him in court and challenge him to prove the criminal charges he filed in police station and court before proceeding for divorce and make claim for alimony.
they should file case against police on charge of allowing husband to register criminal charges (to register FIR) and till date they have not investigated. In laws knew nature of charge from husband's notice and not directly from police.
they should go to magistrate before proceeding further
they should write to the husband under the 'care of' address of his employer to know where about of husband as they are now not sure of his address, with a copy to police station and police supdt, and then only to proceed further,
they just request police to find out where about of husband and his current status including marital, by giving them reference of the notice they sent to in laws five years back to report to police station.They also made a record of police personally coming to their home to serve notice which instructed them to report to police station.
Answer: This is way too long. Contact an attorney.
Question: Help!! My Indian "Wife" is blackmailing me? I am sure I am one of the few man who is unlucky enough to have arranged marriage with greedy family. In the news, its always "poor" indian girls being left by NRI grooms, but my kind of true story never makes it to mainstream media.
To make a long story short: I went to India with my parents to look for wife this past december. Got engaged to well-qualified (MBBS trained). Our engagement ceremony was quiet elaborate (I thought at least) as bride's parents wanted to show off that their daughter is getting married to NRI. After engagement ceremony, I came back to USA. Anyways, all is good until I get a letter from Immigration that my WIFE's?? I-130 is denied due to background checks. I was shocked as I thought she was still my fiancee. I contacted immigration to clarify and it turned out petition was filed as wife, and not fiancee. I contacted my fiancee, and it turns out that they took the liberty to get our elaborate engagement ceremony registered as marriage. At that time, I also asked her what is this about background checks (immigration wouldn't tell me the details): after my insistance her family told me that she had previous paper marriage based petition but it was canceled because NRI groom ran away (I wonder why)!!! Naturally, I didn't want to go through with this marriage as 1) i was lied to, 2) I may not be able to bring her to USA.
Now, I am pretty much blackmailed using Indian court system to extort huge some of money for divorce (HELLO, I wasn't even married).
I received summons from India in langugage that I can't even read. Some parts are in english and it states that if I don't respond within certain time, judgement will be entered against me. It is from family court. I don't know what it says in complaint as I can't read that language.
Is there some sort of requirement that summons must be served in English if person receiving it lives in USA? Granted, I was in India when I was little and I can understand hindi movies, but no way I can read and write any of the Indian languages. What are my option? I don't really want to compromise? Can I just get divorce in USA and move on (for safety)? I got no money to give to her in alimony anyways!!!
I am actually PIO (not NRI) as I am US Citizen for few years.
I don't know how its possible, but apparently they have valid marriage certificate. I don't know if I signed anything or not, as I was madly in love with her. I never imagined she could do this this to me. She seemed so sweet and innocent.
From what I have gathered from talking to US lawyers, that if I am married in India then US will consider me married as well. As long as certificate stands in India, it also stands in US. I could nullify it by obtaining divorce in US. But she beat me to the punch, and filed for divorce (looks like it anyway - what else could it be?) in family court in India.
What are my options? Can I just ignore this until this comes to US and then fight it out? Would we be considered separated at very least? We never lived together mind you as it is frowned upon in India to live together before marriage.
I don't know the first husband. I have no way of finding out who that was or his address. Language barrier is a huge problem.
What should I do about summons and complaint received in non-english langauge? Are they required to serve me in English according to Indian law?
I spoke to immigration, but they said they are done with the case and her immigration file is closed. They won't have anything else to do with her. They wouldn't say if she has been reported for fraud.
It was conveyed to me by their relatives that they would settle amicably if I can get her greencard somehow and wait until she becomes citizen before divorcing her??
At this time, it looks that i would be better off divorcing her in USA and just not go to India for while. I wouldn't want to marry anyone from India anyway.
I am sorry to say but I am ashamed of what Indian culture has become that parents are selling their daughters to go abroad (it certainly looks that way). I don't have any properties in India, and I will never invest in India in the future until they get some real laws against fraudsters and actually enforce them.
Answer: You are in big trouble my dear friend!
The fact this is not story of NRI husband cheating the poor Indian wife, marrying her & leaving her back home in India, filling divorce proceedings in foreign court & obtaining the ex-parte decree/certificate of divorce from it, then the same challenged in India court & declared void by Indian court, unable to remarry in India again & remain bound by the stale/dead marital relationship according to Indian laws for ever.
One thing that always bothers me that after meeting Indian girl/woman all you Foreigner/NRI guys fall flat & do all sort of mistake like putting your signatures on the documents without even reading them.
The fact when you travelled to India ,you were asked to sign certain documents which were told to you were for the purpose of immigration purpose from Indian government point of view or made some other excuse, you without reading the documents signed them as your eyes were closed while kissing your would be wife but right hand open from which you signed these documents.
Now what were these documents: these were application for registration of Hindu Marriage, your affidavit stating that you married her according to the Hindu form of marriage, rest the documents bore her signatures & signatures of witnesses of the marriage.
The Registrar of marriages were heavily bribed who without marking your presence , in your absence registered the Hindu Marriage.
What is the relevance of the Marriage certificate so obtained by the so called wife & her relatives: the certificate of the Hindu Marriage 'Facilitate the proof of Hindu marriage'.
The validity of Hindu marriage can still be challenged by you if the necessary ceremonies not performed at the time of marriage.
In your case the affidavit you signed stating that you married her according to Hindu form of marriage no doubt exist but was the Hindu marriage that is being discussed was complete & sufficient for the valid Hindu marriage is to be proved by other evidence & in such case the Hindu Priest who is said to have performed the marriage is the best witness to prove or dis prove the valid Hindu marriage, along with other eye witnesses to the ceremony.
The mere refusal of the Hindu marriage ceremony by you will not be sufficient but in addition to this you have to prove the non performance of the complete & necessary Hindu Marriage Ceremony in your case & fraud being committed by them in getting the Marriage Certificate without actual marriage.
This whole is very tough going & will be requiring lot of investigation & processing before the Hindu Marriage in question is declared null & void in the Family Court by you.
The summonses issued by the District Courts in India are usually in English or Hindi or the local official language, the summons sent by the High Courts & the Supreme Court of India are only in English language. However the summon has to be accompanying copy of the main petition or application filed in the court.
In case a matrimonial case filed by the wife such as restitution of conjugal rights or divorce etc the issues such as alimony or maintenance during the pendency of the main suit or afterwards after the decree issued by the court cannot be avoided otherwise non payment of these on court's order not only amount to contempt of court but even proceedings for its recovery by way of attachment of property of the judgment debtor or getting the said J.D declared insolvent follow up in the Indian courts.
You need a competent Indian lawyer for safe guarding your interest from all such issues.
Question: Answering a child support summons, FL? I am trying to help my brother find out info on answering a child support summons, sorry if this is lengthy. Him and his wife are separated, not divorced, no papers have been filed. She applied for medicaid for their son and the office told her she could not receive it until she petitioned the court for child support. ( THis is according to her) He received a summons with the complaint: stating that she is suing him for child support, retroactive child support for the past 24 months ( the child is 3) the cost of health insurance (even though she wants to use state paid medicaid) The cost of all out of pocket expenses related to medical care. He paid her $500 a month for the first year of separation until he was laid off, after that he has given her half of all money he has received for odd jobs and that was given to him, obviously this was cash. He has no problem paying support but does not want to pay retroactive support and wants shared custody and regular visitation, she has had her phone turned off and he can not get a hold of her most times, she will also not allow him to keep their son during the day while she is at work, no reason other than she doesn't want him too. What needs to be in the answer and should he include all of the visitation stuff and that she won't file divorce papers only because she doesn't want to share custody. Or only to put monetary issues in there. THank you in advance.
Answer: your brother should bring any and all receipts, canceled checks, etc. proving he did, in fact, provide support for the child during the past two years. i am unclear if the $500 month he paid her during the 1st month of their separation was paid within the 24 month period claimed. he should organize his documents, preferably in date order for the relevant time period. if he didn't get a written receipt for the cash he gave her, it will be a he said/she said duel. he should also be able to list all jobs during that period and his earnings so he can show he paid an appropriate amount of support (your state should have child support guidelines that give appropriate amount in percentile of income or some such.) if he chooses to file a pro se (no lawyer) he needs to simply state that he is the child's father and is willing to pay a reasonable amount of money for her support. he should state that he has already paid $x in support directly to mom during period she is requesting retroactive support and that he does not believe he owes any additional amount in past due support. he should ask the court to also enter orders regarding custody and visitation of the child. the answer should not attempt to state all their history together...it merely alerts the court about the issues in dispute. if he timely files his answer he should get a notice of all court hearings. it is there that he should appear on time and with any and all proof he has to present to the judge. it usually goes better if he tries to stick to the high road...he is willing to meet his responsibilities to the child, which include contact with his son. mom is being truthful when she states she was required by the office (probably dhs) to file for support when she applied for medicaid. if your brother has health insurance under a group policy of some sort, he should ask the insurance company to add his son to the coverage. then he should bring all the info to court with him,including whatever ins. cards the mom might need to get health care for the child. it is usually typical for the parents to pay uninsured medical expenses 50/50 if the child has insurance. these parents are starting off on the wong foot with mom refusing visitation. i hope they will get past their differences with each other and start working together to do what is best for the child.
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