nishu nishu
01 August 2012 at 14:52
my wife filed first appeal in high court on 23 May 2012 against the divorce decree granted to me by trial court on the basis of cruelty committed by wife upon me u/s 13 (1)(1a) of HMA. on her first appeal petition, after listing of main case high court issued notice of motion/appeal to me and i appeared in high court upon notice on first date itself i.e. on 28 June 2012. before date of notice to appear, i filed civil miscellaneous application before high court requesting them for early disposal of first appeal u/s 21 B(3) OF HMA alongwith indian soldiers litigation act for expeditious disposal of appeal. ON THE FIRST DATE OF APPEARANCE IN HIGH COURT, JUDGE TOOK UP MY CM ALONGWITH MAIN CASE OF FIRST APPEAL AND HAS FIXED THE NEXT DATE FOR ARGUMENTS IN FIRST APPEAL DIVORCE MAIN CASE ON 30 AUGUST 2012 AND HAS PASSED AN ORDER FOR SUMMONING OF LOWER COURT RECORD IN MEANTIME.now my question is
i. whether judge will decide the first appeal on the date of arguments on 30 Aug 2012 and dispose off the appeal on that date of arguments.
ii. secondly, whether first appeal filed by wife has been admitted or not till date since judge passed an order on my CM stating that since the main case has been fixed for arguments on 30 Aug 2012, hence CM is disposed off.
iii. thirdly, now since my case is fixed for arguments on first appeal, within how much time can I expect divorce first appeal to wind up.
Amit
01 August 2012 at 10:48
My wife filed Sec.9 RCR against me after an year of my filing the divorce petition. She's yet to file counter for divorce. I've been asked to attend counseling for RCR. When I told the judge that I already attended two counseling sessions for divorce petition and I am not interested in cohabiting, the judge told me to attend the counseling separately for RCR case. Now my questions are:
(1) Does filing of RCR by her mean that she's pardoned all our alleged wrongs (she mentioned some like the usual dowry asking etc all of which are false)? Can she file 498A etc after this?
(2) How can I best utilize this RCR? What's the advantage in this for me?
(3) I am not keen on counseling etc as they've already happened and I know nothing's gonna come out of them. So I am thinking of skipping. What happens then? Will I be given further dates for counseling? What happens if I don't attend any session?
(4) Will RCR and the divorce petition be heard in parallel or divorce petition be put on hold till RCR is finished?
(5) Even if she gets RCR in her favor (I doubt that), she's to wait for one year to take further action right. I'm not willing to cohabit with her. What happens after this one year?
Thanks
Member (Account Deleted)
31 July 2012 at 22:02
How can a husband use "Legal Aid Services Authority" free? What things are needed before taking "Legal Aid Services Authority" help
In HMA.
1.Divorce section 13
2.Maintenance section 25
And in criminal cases :
1. 125 crpc
2.498a
3.DPA
Rahul Sharma
31 July 2012 at 19:24
Dear All,
Can someone help me in knowing the right time to covert RCR to Divorce, I got married in Dec 2010..she left finally in April.. I filled RCR in Dec 2011..till now I had two hearing in first hearing her lawyer came and gave vakaltnama ..in second hearing they asked to dismiss my application and gave reply with false allegation on me and my family...but court order for amicable settlement..this happened in may 2011..now next date is in Aug 2011...the point is on last date she told court that she don't won't to go back but need separation (this was not on record)..though court ordered for amicable settlement.
Now my question; my new lawyer is suggesting(I recently changed because of some issue with old one) is suggesting to withdraw RCR and go for divorce on basis of desertion and non-consummation of marriage. What is the best way to convert RCR to divorce. Do I need to withdraw RCR or can also convert RCR to divorce. Should I wait for sometime or should I do this in Aug hearing only?what would you suggest.
I initially applied for RCR to safeguard me and my family from any false allegation plus I won't to give one chance to our marriage, but looking at her reply (lots of false allegation on me and my parents)...I am thinking for divorce.
Please guide...should I wait bec I think she will say for divorce on record in next two dates..may be during mediation.. Though not sure.. Please guide.. PS; Please do read my previous threads for better understanding of my case.
satya parkash
31 July 2012 at 16:33
I HAVE BEEN MARRIED FOR LAST 10 YEARS AND HAVE GOT A 8 YRS OLD SON.RECENTLY MY WIFE HAD GONE TO HER MATERNAL HOUSE FOR FEW DAYS BUT ON SOME MINOR ARGUEMENTS OVER PH SHE HAS PROLONGED HER STAY AND DESPITE MY REPEATED EFFORTS AND APOLOGIES SHE IS NT READY TO COME BACK. SHE HAS ALSO WITHDREW THE ADMISSION OF MY SON AND GOT HIM ADMITTED IN ANOTHER SCHOOL WITHOUT MY KNOWLEDGE. IT HS NW BEEN MORE THAN 2 MONTHS THT SHE IS NOT READY TO COME BACK AND ALSO FILED A COMPLAINT WITH SOME FALSE ALLEGATIONS IN DELHI MEDIATION CENTRE.SHE HAS ASKED ME TO COME ON THE NOTICE DATE AND SIGN FOR MUTUAL DIVORCE.I REALLY WANT TO SAVE MY FAMILY ND DONT WANT DIVORCE,IS SHE REALY SERIOUS FOR DIVORCE OR IT IS JUST A TRICK TO BEND ME DOWN BCOZ EVRYBDY ON HER SIDE HV A DIFFERENT OPINION OVER THE MATTER. ARE MEDIATION CENTRES EMPOWERED TO CONDUCT MUTUAL DIVORCE BY THIS PRACTISE, ALSO GUIDE WHAT SHOULD BE MY STAND TO SAVE MY FAMILY.
Mrunmai Deshpande
31 July 2012 at 07:14
I am a young man of 35 years of age staying with my parents. I am physically disabled and due to this earn irregularly. Because of this, my wife has deserted me and currently staying with her parents who are financially well off. She has taken with her our 2 years old son also. Even after repeated efforts from our side she is not prepared to come back. She is not prepared to give me divorce as well. She, off the record, says that she would come and stay with me after the demise of my parents as by then I will inherit my parents property and meet the family expenses with ease. Before deserting me we were staying with my parents and my parents were and are always supporting our family expenses. I am very much pained and distressed at her stand which is wrong and immoral. Please advise me on how to go about and also tell me if I seek divorce, will I get it and if so how can I give her alimony and child maintenance since because of the disability my income is irregular ie sometimes I work, if possible ? My wife is physically fit, graduate by qualification and was earning a salary of Rs10000/- pm before delivery. I have become physically disabled only after marriage and doing a permanent job before becoming disabled. Please advise.
malashree
31 July 2012 at 00:19
The court has passed an order for restraintng the Defendants fron constructing or parting with possessuin in any manner, to creat a third party interest in property in du\ispute. The Defendants have rentented out one floor of the suit property which is in their possession.
(i)Can Plaintiff file a contempt?
(ii) Under what Rule of CPC?
(iiI) Kindly give the relevant judgements of high court and Supreme Court in the matter?
Member (Account Deleted)
30 July 2012 at 21:24
I filed divorce case in city1 ( in State1) my wife stay in city2 ( in state1) city1 and city2 is nearly 50 km away in same state. She is not coming on divorce case dates even though she received the summon.
Is this possible that via HC she can transfer the case in city2 ?
If yes how can I come to know.
lopita saha
30 July 2012 at 18:30
i am a widow , my husbend deceased 10 years back, leaveing me and my son. my son has some mental problems. i resides with my FATHER IN LAW AND MOTHER IN LAW IN THEIR HOUSE.
but due to my sons mentel problem i have forced by my mother in law to go to my parents house.
NOW my mother in law gift the house ( WHERE I RESIDES WITH MY HUSBEND) to bharat sevashram sangha. now i am help less.
can i have any rights in the property?
where i live with my son?
i have no income please help.
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Streedhan
Wife has filed divorce petition and in that she has demanded streedhan which are under my possession are as mentioned below.
1. Ornaments given to her by her parents.
2. Gold and other articles given to me by her parents.
3. Ornaments given to her by my parents.
I am aware that as per Streedhan definition she can claim ornaments from points 1 and 3 above but not point 2. But in the petition she has mentioned point 2 as well. Also, the list is not a valid list as there is no mention of weight, value, date of purchase, etc. just mentioned 2 Gold Chains, 2 bangles,etc.
I am ready to give her ornaments from points 1 and 2 if she goes for Mutual divorce. In the first counselling session, the councesllor has asked me to bring the list of ornaments which i possess in the second session so what should i tell in the second session?
If she doesnt opt for mutual divorce then kindly advise all the learned experts as to how to safeguard my interest.I believe they have only the photos and they dont have any bills. Also, if she files a case under section 406 then what kind of action police will take?
Thanks in advance.