Anonymous
27 February 2019 at 20:07
Hi,
Q................Can I send legal notice to the husband of me Ex?
We consented to a mutual decree divorce in 2016 with joint legal custody of our girl child presently aged 13 years with systematic parenting time/visitation rights in INDIA. Now my Ex got married to an Canadian Citizen presently working in USA-new jersey since 2015. As per the consent decree drawn either parties would not relocate the child out of INDIA till she becomes major ie 18 years.
On Jan 2019 my Ex-ran away with the child from INDIA to Newark on visitors visa and I have already initiated Custody proceedings in INDIA including execution of the decree of 2016 but in INDIA.
i have come to know that my EX is seeking Dependent visas and School admission of the child on the basis of her new husband.
Can I send a legal notice to the husband of my EX through an attorney/Advocate residing in NEWARK area directing him not to seek school admission or process any temporary/permanent visas of my child till the custody matter is decided in INDIA.
Anonymous
27 February 2019 at 09:19
We were having GWA order in Jan 2017 based on compromise pursis. Due to change of circumstances like change in school timing affecting visitation hours of child and many more thing we filed GWA 2nd time in Mar 2018 with Interim Application to modify visitation hours.
Our interim Application of GWA was dismissed by Family Court with heavy cost. We are planning to file Special Civil Application in High Court under Article 227:
Now my query is :
(1) Whether State will become party to this or not ?
[We approached several local lawyers but there is a difference of opinion on this. Some say in civil matter State will not become party. Some say since you have been charged with cost, State will become party to this.]
(2) Whether we can/should use Article 226 & 227 both ?
[What are pros and cons of using both ?]
Anonymous
27 February 2019 at 08:33
Hello Sir,
I am really appreciate your help, me and my brother working as a software consultants. My mother passed away while she was in duty, i haven't signed any thing because i want to get that job to my brother. now my dad is giving everything to my brother, still i dont bother because i am earning my self. we have a agriculture land i want to retire after 40s and do farming now my dad saying we dont have anything? i want to know is there any way that i can claim i didnt sign any documents after my mother passed about my brothers job.
I really dont want to file any complient againest my family. but they burst my dream.
Manpreet Singh
27 February 2019 at 00:08
Dear experts, My wife has filed the petition in the high court for getting my bail cancelled. However ; the court proceedings in the lower court have not started properly. Case is in the evidence stage in the lower court . High court has sent the case into the mediation center of the high court. I have attended one mediation there and according to the mediator, the case will remain there for 90days. My question is, how come the high court has accepted the petition knowing the fact that case is in evidence stage in the lower court and the accusations are yet to be proved.? What will happen if I don�t agree for the reconciliation? What action can high court take ? Can they cancel the bail?
b.goheel
26 February 2019 at 16:18
brothers,
now a days Name of Petitioner as well Respondent of petition filed in family court has not been given even online status of petition in online site of e.court.
In this scenario, like to know the solution/remedy to keep the watch on the movement of petition through online if one has only name of petitioner/respondent and no other details regarding petition.
regards.
b.goheel
26 February 2019 at 16:03
brothers,
now a days Name of Petitioner as well Respondent of petition filed in family court has not been given even online status of petition in online site of e.court.
In this scenario, like to know the solution/remedy to keep the watch on the movement of filing of petition through online without case no. in absence of name of person of petition.
regds.
Wakle
25 February 2019 at 13:21
Hi, I give maintenance as per dv act to my wife 12000pm and 6000pm for rent. My wife file now divorce case under cruality. In divorce case she demand 50 lacks one time maintenance and abt 7 lacks shridhan amount. Yes I also like to give divorce but I had no money. I don't want mutual divorce. My question is 1) my wife get maintenance in dv act , she again able to ask maintenance in HMA divorce act? (2) if she get divorce then dv maintenance will be continue or not? (3) if divorce under cruality is passed then she able to ask one time permenant maintenance 50 lac without my permission in the court? If i say no to one time permanent maintenance then wat court will decide? 4)) I give her maintenance in dv act then court will be able to give again maintenance in divorce case.?
ganesh athraya
25 February 2019 at 12:55
Can a father file for child maintenance from the mother.
under what sections are the provision.
Can you provide a draft/template for filing in the court.
thanks
Anonymous
25 February 2019 at 12:49
We have been married for six months, after three weeks of marriage my Husband stopped speaking with me for three weeks without any reason.even if we were in same room he avoided me completely. I want to ask him the reason, but am afraid to go near him, because he always keep his face angry and hard as rock.for those three weeks I felt isolated, hurt and depressed of his action.because he was speaking with other family members except me. Atlast not able to take it anymore I spoke with him. He was saying , he was just stressed. But did not give me any reason. We did not start our life yet. He did not take me out of three Months, he threatens me to cut all my communication with my family. He has anger issue, sometimes he broke things.
In our third month we had a fight, he insulted me and said several times we both won't be suitable and told his mom to take to my house. when I try to avoid speaking with him, he threatens me that he won't allow me to live in peace in his house.after that they taken me to my house and shouted at my parents that I always argue with him, that the time my in laws verbally abused me by using vulgar words that I did not slept with my husband. I was shocked to hear those nasty accusation. My husband was silent whole time. They did not allow me to speak. That time i decided I don't want to go their house. For these three months am living in my parents house. I arranged counseling for both of us. But he did not attend it properly. After that he called me in phone spoke very vulgar to me saying I did not allow him touch me. I was already lot of stress and depressed because of them. Even after these he came to my house two times in front of my parents , he spoke such nasty and vulgar words. Thats the end of it. I dont want to see his face. I am emotionally traumatized, lot of times suicide came to my mind. But because of my Mother. I left it. I want to live . I want to teach these people a lesson. My parents are afraid of what our relation will say . But it's my life.i dont have any idea regarding the domestic violence case. Please help me.
Even my in laws don't want me to go to my house and speak to my parents for those three months. Can I file case against them.
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Forcible marriage u/s 12(1)(c) - citations
a divorce petition was filed u/s 12(1)(c) of HMA on behalf of a girl who was forcibly married by her parents against her wish. Petition was filed on 9.4.2018 in family court. summons were issued to the boy who is staying in America who did not respond and treated as ex-parte. evidence marking is over. The doubt is whether it should be treated as annulled marriage or voidable marriage ? as such case is prolonging. I request the experts whether any citations are there in this regard for cases of forcible marriage u/s 12(1)(c) ? request you to pl provide.thank you.