Naresh
09 May 2012 at 17:31
Dear Experts,
Orders passed by family court in the maintenance u/s 18 Hindu Marriage and Adoption (HAMA) filed by wife on 19-Jan-2012, but this petition got dismissed by the family court judge.
My question is:
(1) Can this order be appealed in high court or revision, which is the correct one?
(2) How much time is permitted to go to appeal in high court?
(3) what is the limitation period, and how it is computed?
(4) can the appeal be made even after limitation period expires
thank you
Amit Oza
09 May 2012 at 12:20
If i want to call Friends in family court for witness of some incidance , whether it is possible and if yes what is the procedure
Abdul Basit
09 May 2012 at 09:45
Sir,
Please guide me as to how I can defend myself , myself in a lower court in J & K. Any resources/ links/tips on this site?Please be kind enough to provide. On a maintenance petition, after 06 months the court in April, 12 ordered interim to the Petitoner ( Ex-wife ). I developed mistrust in my laywer , who absented on important hearings and when present did not respond when Opposite counsel's or the Judge's argument needed an immediate submission.In the next hearing,I moved an application for permission to defend myself, myself henceforth. The Hon'ble Judge allowed. I did not know it was day for cross-examination. First, the counsel of the Petitioner asked her (Potitioner)some questions. Both Qs & As were recorded on about half a page.Then her counsel asked me to question her and I questioned her till about 2+1/2 pages were written of Qs & As. Then the Hon'ble Judge said "that is enough". People said , He was much impressed. In fact my earlier counsel could not have cross-examined her like that. Now what would have to be done in the next hearing at the end of this month.
With regards,
A.B.H
Amar
09 May 2012 at 09:39
Dear experts,
My age is 32 and i got married couple of years back. I have a kid who is 8 months old. Ever since my wife came after pregnancy, she was not able to adjust to my mother. She gets upset in small small things and used to complaint. Infact, my inlaws, who i believe are not good people, used to add fuel to it. Hence there were lot of disturbance between us.
When my child was born, my inlaws wanted to keep name of child as per their wish, which i and my family didnt like. Hence there were some misunderstanding and quarrels between us. They even went to the extent that her brother called my brother and told he will kill me and her mother gave bad words to my sister and my family. Then also i thought things will be sorted out once my wife is back home as i believed she is good. But ever since she came home, my inlaws, decided to take revenge of it and started puting poison on my wife. She started quarelling in small small things.
Around 3 months back, we had some fight. I did not utter a single badword nor did i touch her. My mother openly told that your family is not good and want to separate you both. She left the house crying and went to her parents place.
After that for couple of months, she was calling me, messaging me, "I love you" and all that. She told me that i cant bear your mother and want to stay separate. I told i am practical and ok with it, but you need to understand if there is 50% problem from my side than there is 50% from your side and you need to balance our family and your parents. We even went for a holiday for couple of days after she went here.
But she does not like anything said about her family and told me that she can do anything for her family.
After one month i told that ok lets stay separate. She is now telling, that my parents dont trust you and then they will not send me. If you want to keep the relationship you need to stay near her parents place and they will evaluate you for 6-8 months. They are even telling my relatives, that she is under depression and need emotional support and hence they cant send her. According to me, she is going to job since 3 months, she is calling her friends, some of my relatives and complaining about my family. How can such girl be under depression.
I dont want to break the relationship, but i am afraid, even if i go to stay near her parents, things will worsen further, as i cannot bear them. they are not good people and are indirectly threating me that we have lot of legal contacts, and have destroyed many people.
I am just confused what to do. Should i go near her parents place (which i dont want at all) or
should i stay separate with her and give a second chance?
What precautions should i take if i stay separate?
Can they file a false court case of mental torture and all after 3 months of separation and she is doing job and everything?
I still have lot of things to tell but could not write it down. Your help and advice is highly appreciated.
Regards
Shantanu Wavhal
09 May 2012 at 09:03
Does sec. 23A mean the following ?
The respondent wife can not make any counter claim during the hearing of a petition filed by her husband to get the marriage declared void ab initio.
23A Relief for respondent in divorce and other proceedings
In any proceeding for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner’s adultery, cruelty or desertion, but also make a counter - claim for any relief under this Act on that ground; and if the petitioner’s adultery, cruelty or desertion is proved, the court may give to respondent any relief under this Act to which he or she would have been entitled if he or she had presented a petition seeking such relief such on that ground].
Amit Oza
09 May 2012 at 08:17
Hi ,I have filed a divorce case ,my wife laywers is saying that she is not working but the fact that she has accepted the fact that she was working in the court consuling and also at Mahila takrar kendra.I am not in a position to hire detective and to prove that she is working .
Can i Call upon my frds to court for witness. and if yes what is the procedure ...
plzzzz can any one guide me
Shantanu Wavhal
09 May 2012 at 01:42
can pursis be filed on next hearing date ? OR
is it supposed to be filed on the same date ?
application on VAGUE grounds was made by opponents which was allowed by court.
now i got the evidences that opponents have twisted the facts & with-held the best information & if they had revealed the facts, court would not have allowed their application (this is their delaying tactic)
the descripancies in the pleadings of opponents are discovered a few days after the previous date of hearing.
khushhwant
08 May 2012 at 19:24
Dear Sir/Madam,I am an ex serviceman from army. Retired on 31 Aug 2011. My father who is also served in Indian Army and retired on 30 June 1991, committed bigamy during in service. (a) My late mother whose name was in service documents of my father applied for maintenance allowance and disciplinary action (b)When the inquiry is underway my mother expired on 19 Jan 1991 in Military Hospital due to prolonged illness.(c)I did not take any initiative to pursue the case as my mother expired. Father retired submitting other woman's photo as my mother's and retired without any scratch (d) I documented the death of my mother in my service records (e) If my father passes away the family pension will be drawn by the other woman who is not entitled and it will be a loss to the exchequer. Please kindly guide me to give get justice for my late mother. Thank you sir/madam.
abhinav3060
08 May 2012 at 19:23
have a super duper nice day in heaven ?shake hands with ur friends in hell also.
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Maintenance u/s 18 hama order came on 19-01-2012, can we go for appeal?
Dear Experts,
Orders passed by family court in the maintenance u/s 18 Hindu Marriage and Adoption (HAMA) filed by wife on 19-Jan-2012, but this petition got dismissed by the family court judge.
My question is:
(1) Can this order be appealed in high court or revision, which is the correct one?
(2) How much time is permitted to go to appeal in high court?
(3) what is the limitation period, and how it is computed?
(4) can the appeal be made even after limitation period expires
thank you