Hague Convention On The Civil Aspects Of International Child Abd

Question: Latest Supreme Court Judgement? In a landmark judgment the Supreme Court has defined mental cruelty which is one of the grounds of divorce in most of the Indian Matrimonial Statue. Refusal or not having intercourse without physical incapacity or valid reason is one of the many that will amount to mental cruelty. Any spouse you do so will be held to inflicting mental cruelty on the other. Further it has held that the behavior patterns so mentioned must persist over a period of time to warrant the conclusion that the marriage between the parties had irretrievably broken down & qualified to be the ground for divorce. How many of you agree or disagree with this judgment & why? Please give sensible reason only, it’s a very serious matter & most of the questions regarding mental cruelty asked here directly or indirectly relate to this issue. My purpose to discuss this issue is to bring legal awareness for all who visit this site. This judgement relates to Indian matrimonial cases & has been given by the Supreme Court Of India. The issue I have raised here is just the comments regarding this issue which the Supreme Court of India has adjudicated, such a judgment is irrespective of any gender bias as many of you may be thinking, no where the court states that it will only for husbands to come forward with such a ground for seeking divorce, even wife can do the same. Now I have seen & even answered many questions asked by ladies whose husband not only neglected them generally but even refused or failed to indulge in sex with them, now if these ladies can ask such matters openly here what the harm if they bring this ground in the court where they can even pray for in-camera proceeding in such cases to keep their identity hidden from general public. So dear Ari-ha your view if any lady ask divorce on this ground she will be labeled as wanting I don’t think is right judgment for her fidelity. Any person suffering mentally for want of something which is very normal such as sex does not make him/her wanting.

Answer: This is all well and done, but how does one prove that in court that one is not getting sex form wife or husband? And what is enough sex, has that been defined? What if one is suffering from depression that is undiagnosed as is the case in India in the poorer regions and a husband decides to use this as a cause for divorce, how does that play into not willing to have sex? What if the spouse wants kinky fantasies played out in the bedroom and the other spouse refuses, do we now drag that out into court in a so-called "conservative society such as India? My point is, the laws cannot prove such actions or inactions without putting a camera in the bedroom or having someone actually witness what is going on in the bedroom. The law would only work for those that live in separate quarters completely.

Question: Can A male divorce his wife on grounds of " not enough sex " after 10 years of marriage in India? I have still continued in a marriage, where in the wife was ready for sex as if she is giving some alms! I'm 36 & she is 34 with 1 kid. Whenever I had approached her for sex ,many times she has insulted me by reacting as if a wall lizard has fallen over her. If I approach her for 2nd time in a week, she starts fighting & accuses me to be a sex addict. Till now she has initiated it on her own 4-6 times. Even after 2 months absteinance, still reacts in negative & insulting way.I had asked her to come for Sexology Counselling, for which she has refused & told me It's not her who requires counselling but I do. I'm not aperson who can enjoy total passive partner or forced sex. Can I seek Divorce on this ground? My wife is a medico(even I'm!), 34 years has normal activity & has routine hour job. I had tried all ways to woo her.

Answer: BHAI MEREY, GET PROFESSIONAL HELP. SHE HAS A MENTAL BLOCK, OR IS SUFFERING FROM SOME KIND OF PHOBIA / MENTAL ILLNESS. TALK TO HER, MAKE HER FEEL LOVED & CARED FOR. ALL THE BEST.

Question: please help me to fight my divorce case...? I’m 36y old struggling to get divorce since last 37 month in a Delhi district court. I filed divorce on cruelty ground. With the motive to kill my precious time, she filed interim maintenance application U/s 24 of HMA asking for a huge amount. After 26 month from the filling of maintenance application, which included many dramatic steps and situation during in these 26 month,, finally the court orders against her and dismissed her maintenance application entirely as I proved her as multi millioner girl with many high level professinal degree she has holding and this is fact, she have worth 10Cr of (moveable/immovable) asset in her name, she knew this fact before also,, but to kill my time,,. She filed this maintenance application U/s 24.. one thing needs to be mention here that we do not have kid during our 1 and half year marriage life. that was also a view point in judge's eye. ,, she is a from aggarwal family , very very rich family.. During these 37 month there are 3-4 instance came in the court when Judge ask for any chance for divorce settlement.. but she is not agree and she is fighting the case to harass. me . she written many lie and false things about me and my family and put many blame on me like, i ask for money and she given money to me in Crores.. many act in her written statement reply to my divorce application, one thing I have to mention that she is not willing to continue this marriage, she told me many time and also during personal meeting also during these 37 month, she tell me that she will not continue this marriage and she is not giving me divorce. I also heard that she have some live relation or friendship type relation with other guy,, so actually her time is not going waste and she is wasting my time. I into deep desperation and cant able to concentrate on my business and because of this business is closed., Im living in very depressive state of mind. Court also understand that she is cruel girl because she is quite rude in court on appearance. Now, I wanted to now.. ,is court will wait for her consent only to pass decree for divorce or court will pass order on the basis of contest/ argument , which I have against her as cruelty ground taken by me in my divorce application. What other tools she have to delay this divorce and harass me to get divorce. Best part is this,, that she didn’t file any other type of complain in any police and criminal court in these 37 month.,,, What other hurdle may be in my way when I m fighting to get contested divorce? All the documents already filed and evidence filed,, only things is pending is that PE and RE and argument and then judgment? Will court grant any alimony while granting divorce? Please help with your advice(legal advice), how to kill her motive and slap a order like court did in her maintenance plea. To Mr. Vijay I don’t think so, about her lawyer, there nothing special about her lawyer, he is an average lawyer, In these 26 month, I was also sometime did not file the reply and document and other thing on time and waiting her to ready for divorce. judge also change in these 26 month, and some time I also willing to delay the matter during these 37 The best part out of these 26 month is that court slap her strongly and dismissed her application. I have no pain for 26 months, because I win in this 26 months. Well If I withdraw my divorce application then she will may approach me to start living with me. what tool I have in that situation? If refuse her to enter in home, then she may file in DV act for the same. She is some quarrel type of girl, so is fighting the case senselessly and her father is helping her to fight case, and beating her at home.. because he know, she is doing big blunder for the future of her life, she is already 33y. Please advice in light of these info Thanks you quick action shri Vijay ji, I really appreciate your doing this kind of charity/ social work by giving free legal advice. I took time during these 26 month to collect documentary evident from various area , and that seen in my U/s 24 application ORDER. She was asked for accommodation also in my home in her 24 appli along with hefty money, but dismissed her application and also dismissed her plea for accommodation is my home.. because I proved she is owner of 2 society flat worth crores. As far as personal appearance in court on DATE, we both present almost on all the DATE in the court. The motive of her is only to kill my time and harras me.. she is on the island of lie and she have nothing with her except lie.. so I hope she wont stand in the court during cross. Please reply on my basis question Will court grant any alimony while granting divorce? What other hurdle may be in my way when I m fighting to get contested divorce. Is there anything I should file an

Answer: One thing which I want to tell you here that your wife has really has excellent lawyer to defend her in the District Court of Delhi as this fellow did his best wasted your 26 months for interim application for maintenance pendent elite & kept your main divorce petition on hold, thus keeping you in square 1 from where you started 37 months back. Your wife is woman of words that she did not give up these 37months & kept the litigation on, if it was some other woman, she would have surrender long back for divorce by mutual consent rather continuing the divorce proceedings filled by you. Best thing now for you is to withdraw the divorce proceedings & wait for her move for dissolution of marriage rather your doing so, & as you have seen you got nothing out of it. EDIT: - The best thing which now you have come out is that the delay of 26months was not entirely manifested by her lawyer but you too were fully responsible for such a long delay for the disposal of the interim application such as one U/S24 HMA. As far the withdrawal of the Divorce petition in no manner show or give any green single for her to resume the conjugal relationship with you, if she wants she can even do it now as till she is still your wife & the marriage not dissolved she can always seek restitution of conjugal relationship with you either through decree of the court or otherwise. She can come down to your residence, enter the home & start living with you as she is your legal wife neither you nor any one can stop her from doing so even NOW. My dear friend if you have been moving around with lawyers in District Courts of Delhi & they did not tell you this what I tell here to every one, then its your misfortune that even paying these guys you are not properly guided legally & here you have to seek free legal counseling from another lawyer maybe much more senior to your lawyer in district court, check when he joined the Delhi Bar Council as I got enrolled as advocate in the year 1983. You talk of D.V. Act, what that provides is basically protection order for the wife against any harassment from her husband, her right to residence & monthly maintenance. She can still file a complaint under the D.V. Act for the same while your divorce case proceeds, she can seek place of residence at your cost even if she has failed in the maintenance matter along with protection order against to on the basis of her statement that she feels unsafe & presume physical or mental harassment inflicted on her even if she stays away from you but the chance for you doing it same cannot be simply ignored for this reason. Her not filling complaint under the D.V.Act & other provisions such as Prohibition of Dowry Act & section 498A I.P.C. etc shows that her intention is not to get involved in criminal proceedings as these are not only harassment for the accused but even for the complainant, the criminal proceedings require the presence of both complainant as well the accused on every date of hearing whereas the civil proceedings such as one for matrimonial disputes relating to divorce maintenance etc under the Hindu Marriage Act,1955 or any such matrimonial enactment the parties can avoid their personal appearence on the date of hearing unless it require their presence for recording their evidence or for mediation purposes.

Question: Can a lawyer help me?Divorce issue..? Hello I got married in 2006(HMA). I discovered wife can't have vaginal sex,even though she managed to do carnal sex regularly with me.She said she finds vaginal sex painful because she has always been a virgin before her marriage and it is a new experience for her. She also urged me many times to visit a counsellor/sexologist so that she can have sex painlessly and comfortably with me after taking guidance from there.But I always refused to visit one. However I have broken her hymen and the penetration has happened only once.But this penetration did not lead to orgasm for her & for me. My questions are: 1. Will my marriage be regarded as consummated? 2. Can I get divorce on this ground,on the basis of information given above? 3. Can you name the medical tests that will prove her impotency by the Indian court?(both physical and psychological impotency) Thanks! P.S- Carnal sex means anal sex

Answer: 1. Your marriage is consummated with penetration and her deflowering. 2. On the face of what you have explained she has accommodated you by allowing you to have carnal sex which is hundred times more painful for majority of women apart form the fact that it is unnatural if practiced exclusively in place of normal sex. In any case you have not been completely deprived of sex as she has done what she could do, so there is no clear ground for divorce. 3. You have failed to take her advice to go for consultation when she was ready to do so, had you gone and It turned out that she is incapable of normal sex for whatever reasons, you had a ground for divorce, not in the present circumstances. 4.There is no impotency attributed to the women, a women can be a frigid that is not interested in the normal sex which is not the case with your wife.You have failed to take her to doctor to find out why it is painful for her to have a normal sex life. Only after she was provided medical help, it would have been possible to pin down whether the cause is physical or psychological.

Question: Does God Hate ALL Divorce? "The thing that bothered me a lot," admits Pat, "was the thought that 'Jehovah hates a divorcing.' Always in the back of my mind was the question, 'Am I doing what pleases Jehovah?'"http://www.watchtower.org/e/19990422a/box_05.htm Let us look at the context of Malachi 2:16 to answer that question. In Malachi's time many Israelite men were divorcing their wives, possibly to marry younger, pagan women. God condemned this deceitful, treacherous conduct. (Malachi 2:13-16) Hence, what is hateful to God is the frivolous putting away of one mate so as to take another. One who deceitfully commits adultery and then either divorces his mate or pressures her to divorce him has committed a treacherous, hateful sin. However, these verses do not condemn all divorce. This can be confirmed by Jesus' words: "Whoever divorces his wife, except on the ground of fornication, and marries another commits adultery." (Matthew 19:9) Here Jesus acknowledged that fornication is an acceptable ground for a Scriptural divorce—indeed, the only acceptable ground that allows for remarriage. An innocent spouse might decide to forgive the erring marriage mate. However, a person who chooses to use Jesus' statement as a basis for divorcing an adulterous mate is not doing something that Jehovah hates. It is the unfaithful spouse's deceitful conduct that is hated by God.

Answer: The Christian doesn't look with any favors on divorce either but, they do make allowances for it. Have you ever thought of the woman that gets beaten every Friday night by an abusive husband ? the alcoholic wife or husband that drinks up the grocery money and leaves the kids go hungry. The drug addict that leaves the kids and wife/husband to their selves.? The stories go on and on. There are many good reasons for a divorce, the cheater, the robber, etc. maybe in the time three thousand years ago man didn't have all these treacherous things that hurt families or brought harm to kids and women but, you have to have change with the times.

Question: How can I find out if my husband is seeing someone else? My husband dumped me last february on his mother's say so. The grudge my inlaws had against me was that I did not bring any property/money when i got married(dowry) Though i was married for 2 years my husband did not have the balls to take a stand and defy his mother. So he quietly left the country and is now in Dubai. I do not want to go back to him coz if he has left me once, he can do it again and anyways whats t point to remain married to a mama's boy. Now the problem is that he doesnt want to divorce me...thats what his lawyers say and at the same time doesnt want to return to even face me. So all i can do is wait till February when i can file for divorce because i havent llived with him in over a year.even then i will not get a divorce for over 3-4 months(Indian laws). I have now come to know through several people in Dubai that my husband has found someone else and is dating her. I however have no means to confirm it. can anyone tell me how i could confirm this? also is there any way i could get access to his emails or facebook...so i could prove that he is seeing someone and get a divorce on ground sof cheating? pls help I totally dont know to go go about proving this....pls help

Answer: u cant get the access and even if u can also it will not be valid in courts. dont think of him much and dont think to prove also. u can do onething. u file a criminal case against him stating that he abused u mentally and physically. so consult an advocate. y r u somuch hurry about divorce. after 6 months u get it. but if u think much about it, his gf, him then these 6 months will be like a hell.

Question: my boyfriend has separated and trying to divorce his wife, but she refuses? I'm co-habiting with my boyfriend who happends to be my manager. He's twice my age.The main reason I accepted him is that he told me he has divorced his wife. (which is half true becos he has married and divorced for 4 times already). But last week i found out that he's actually still married since 1999, but already separated (but still in good term) 5 years a go. I am so devastated upon knowing that he's actually lied to me, and still seeing her, come over upon her call and still do things for her behind my back. He told me that they are more like brother and sister, has been living apart since 3 years a go, no sex since the last 5 years, he's happy when she's there but doesnt miss her if she's not around. He promised to marry me,but im afraid to trust him again, yet i love him so much too. He tried to get divorce in 2001 but she refused, and basically she's not making any mistake. Anybody can suggest what should i do? or legal advise (ground) to get him divorce her?

Answer: I have been divorced twice.. maybe your state has different laws but you can NOT contest a divorce- if one person wants it than they get it.You may want to re examine your relationship

Question: How to stop a divorce - husband has harmed the kids? My husband has hurt the kids so badly that I don't want to be bought off in a divorce. No man should be able to get away with what he has done. I can't go to the police. He used the police against his own children. It's an impossible situation. The only way I can stop him now is to bring his attempt at divorce to a grinding standstill. Is it true that if he doesn't support his kids, and doesn't make any good arrangements with me for their care, he can't get a divorce? He has left them in the most appalling cruel way. I cannot get a lawyer as I can't afford it. This is in CA. Is it true that he has to make arrangements for the care and support of his minor children before he gets a divorce granted? I don't want to be married to him, but I can't divorce him as he would know where the children and I are living. He really is a danger to them. He already tried to get a restraining order against the kids when they tried to see him. They hadn't seen him for nearly a year and they rang his doorbell. The next day he tried to take out a restraining order - but failed. Still I can't take one out or it would look like retaliation, and I don't think it would be granted. He said the children were abusing him by trying to see him! They are so hurt.

Answer: Step back and listen to what you are saying. Your husband is hurting your children. Your husband is a danger to them. You can't go to the police for whatever reason. Yet you don't want to divorce him either? That rings of domestic violence and battered woman syndrome. Contact your local victims advocate group and ask for their help. They can provide you with information and options. Remember that you need to fight for your children's safety. The longer you stay around him only serves to allow the abuse to continue. Be strong, and good luck.

Question: Jehovah's Witnesses, please clarify your stance on this....? In Watchtower 1972, 12/01 Questions From Readers say that a married couple may be disfellowshiped if the have either anal or oral intercourse with each other and In Watchtower 1974 11/15 Questions from Readers, it likens the above mentioned act as prostitution and goes onto say that if a husband forces his wife to carry out acts that occur in a "brothel" that would be grounds for a scriptural divorce then Watchtower 1983 03/15 in the article Honor Godly Marriage states that one mate enforcing anal or oral upon another is NOT ground for scriptural divorce. The foot note to that article states: This is an amplification and adjustment in understanding of what appears in The Watchtower of November 15, 1974, pages 703-704, and of February 15, 1978, pages 30-32. Those who acted on the basis of the knowledge they had at the time are not to be criticized. Nor would this affect the standing of a person who in the past believed that a mate’s perverted sexual conduct within marriage amounted to porneia and, hence, obtained a divorce and is now remarried. How can after causing disfellowships and/or divorces the society address the issue with a mere footnote? I must be missing something according to the first 2 answers. In 1972 and 1974, the Watchtower states that oral and anal were disfellowshipable and divorcable offences. In 1983, it says they are not. Please point out what I am missing.

Answer: because that was the never ending "new light" that the Governing Body decided to enforce...they base everything on Scriptural "reasoning" but what most likely happened is: one of the members wanted to have oral/anal sex with his wife and instead of getting df'ed for it...he decided to coerce the others into agreeing it is OK!! On a more serious note, I wonder how many families were destroyed because one mate ratted on the other mate because he/she wanted oral/anal sex?? That is a huge problem for the ever changing "new light"...how many lives were destroyed before their change in doctrines?? A perfect example is there inconsistancies between there stance if a woman should scream while being raped. There have had "new light" several different times through out the years. Instead of minding their own business...they enforce their rules on the victim....rules that are so ludicris that it is laughable. How dare they say what a woman should do while she is being raped!! but alas...until the Jw's stand up for their rights (especially women), the "new light" will keep on controlling them...