rsraghukumar
24 July 2012 at 23:14
sir please clarify the following few lines:
"in a case like matrimonial dispute to declare a marriage as void, the exercise of jurisdiction by the trial court and this (high court) under the Act would be exercising matrimonial jurisdiction and the judgment now deliver by this court(high court) would become a judgment in rem under section 41 of the evidence act subject of - course to final order which may be passed by a higher forum".
sir i want meaning of the above few lines,particulary the last two lines of that para sir.
antony JP
24 July 2012 at 21:34
Dear experts,
there is a petition for the nulification of the marriage.I found that after a long time with the know ledge i got from here LCI and others that there is no legal grounds for a nulification.we can simply say that there are no truths and it is a story according to the situation.there are no evidences and witness
it is said that marriage not consummated (even it was consummated) but not saying about refusal .coercion she married me by blackmailing from me with a group photo taken before two years.i am sure nobody will believe that a major girl will never be ready for marriage only because of a photograph taken together in a studio.i have plenty of photo graphs taken before marriage.
the act for nulification in SPL MRG act 25
1)willful refusal of the respondent to consummate
2)the consent to the marriage was obtain by fraud or coercion
Hence i do n't see any legal aspects and concrete reason in the petion i think to ask the judge to reverify the petion.advocates are saying me no because if it happens if the judge feels that i am right the advocate won't get money so he discourage.Is it good to ask the judge to reverify the petition and is it possible?My wife and her advocate just tossing by available grounds with out evidences and proofs.To save my time and courts time i am sure if the judge verifies the petion he will surely diss miss.can i ask please reply me it is an urgent query?Our doubt is some office staffs are helping them so that only it was filed even there was no legal aspects.
pratham
24 July 2012 at 20:29
i am 38 year old married woman having 2 daughters and my husband 1s now at the age of 49. my husband won't give me a single rupee since of my marriage and very rude and giving mentally and physically tortures. i have 84 year old mother in law who was bedridden for the last 2 years. i took care of her like my mother. my husband is wasting money and time and forcing me to bring money from somebody.i did'nt ask anything not even clothes, jewellery or going for a trip,vacation, or hotel, movie. my husband never thought to give me anything. i tried all kinds of business such as papad making, juice, pickle making and selling, giving tuitions, servant work in others home etc. but my husband didnt give me a single rupee from my hard work, earnings.i dont have father.i have mother and handicaped brother who are in shelter of my uncle.thery dont have any property. my husband sent me to beg money from my mother who are not at their position to help me.but my elder sister in law's son who stayed in our home as paying guest to complete his studies and got job from my cousin as system admin, helped me a lot. from this i started to get problem that my husband and my in laws are troubling me by saying that we are having physical relations ship,so my sister in law's son is helping me.he is 9 years younger than me and we are just like aunty and son. i dont want to stay with such people who consider me just like a servant and nothing else.i cant talk with anybody,can't go outside, cant use mobile, can't talk with my parents, can't go for shopping or can't talk inside my house etc so many restrictions on me.how can i live with them?i am educated and i opened a magazine of my own becoming chief editor. for that also my husband not paying me as salary. what i am wearing dresses, or chappals are given by my relatives. my daughter's school fees, bag everything is paid by my relatives.so why should i live with my husband?i want to give divorce immediately without any communication with my husband.please advice me.i dont have job and staying with my aunty.it's 3 months over leaving my husband and my elder college going daughter.but they did'nt contacted me at all.i want to apply for online divorce and i cant afford much fees.please suggest.Thank you.
anjalee
24 July 2012 at 17:32
sir if a husband refuse to pay maintance since from 18 month and always passed on warrant by bribe what a lady do
R.K.Sahu
24 July 2012 at 17:14
From R.K.Sahu
Bhubaneswar, Odisha
Dtd. 24.07.2012
Sir,
I need your valuable suggestion on the matter of Adoption. In fact my elder brother (6 year older than me)is living in a different house since 50 years and adoptee father name is printed in all educational documents (Matric onwards).After giving and taking, the adoptee father blessed with a daughter from his second wife (being first wife alive). At present both children are married and the adoptee father his first wife has been demised and second wife is live.Now, the daughter claims that the adoption was not made even after a will and partition deed was made by the adoptee father in the name of both the children and claims full property and challenging the adoption.
At this juncture, I would like to know that, can the daughter or his mother (second wife of the adoptee) file a petition to nullify the adoption? and the adopted son to come back to his natural father?
I would be grateful to you for your kind information in this regard.
Janhavi
24 July 2012 at 16:38
Hi, Im janhavi, I was married as per hindu tradition in 1998, it was a arranged marriage, I have a son who is 13 yrs, my husband was going around with his colleague and forcing me for a Divorce on mutual consent, when I did not agree for a divorce, I my husband filed a divorce case in 2006, he attended the court hearing only 2 -3 times. After many hearings, court has passed an order of interim maintenance and litigation expense in 2008 and also mentioned that case will not be continued until he clears all the arrears till date. I waited for 1 year and filed a execution, but I could not get his company details , so we had to withdraw the execution case taking liberty to file it again. But he has been absconding, when I went to his parents, they say that they are not at all in touch with him and do not know about his whereabouts.
Till date he has not paid anything or not taking care of my son.
Recently I got to know that he is married to that same colleague and settled in UK and they also have a kid… When I went to the police station they said 2nd marriage will not come under them and I have to file a case in the court.
But I do not have any evidence for his 2nd marriage,
Please suggest me what legal action I can take against him.
Member (Account Deleted)
24 July 2012 at 14:57
I have have filed case for custody and visitation right of my son , who is 1 years old and living with his
mother from sept'2011.I filed case 15'th May , the hearing was 12,july , due to strike , the hearing void .No child abusion case ,
no police case is filed till date against me.Please tell me how much time will court take to give me visitation right?
Is there any provision for Interim visitaton right ?I am very painful situation for my son
Rakesh Singh
24 July 2012 at 14:22
Hi,
I have 498A case pending in UP. Can i file a petition for Divorce in Mumbai where i stay.
Member (Account Deleted)
24 July 2012 at 09:18
My wife is residing in her parents house for last 1 year.I have requested her several times to come back,but she did not.
I have several times send her letter also.
Can i go for right of congugal Act?
if it is , do i need a lawer or can i file by myself ?
What will be the cost of this suit ?
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Clarification in the mutual consent divorcedocument
Dear Sir,
My cousin had received the draft of the divorce document. But, the lawyer has failed to mention the clause "mutual conent" in the document. Actually, she filed the petition for the mutual consent. But in the document it is not mentioned. She checked with the lawyer. He said that they dont mention bcos it is filed by the petitioner( My Cousin).
So, I would like to clarify that "Is the lawyer is right"? and "Whether the 'Mutual Consent' will be mentioned in the final decree of divorce.
Please advise me. Thanks