Akhalaque Ahmed
18 April 2012 at 00:56
Dear All,
as per the law of india is Bigamy is allowed in muslim without the permission of first wife?
secondly if 498A case is in court can i opt for second marriage if first wife denies to come, but i don't want to give divorce from my side. please reply me
Thanks&Regards
Akhalaque Ahmed
anand
18 April 2012 at 00:15
Estranged wife of brother has filed a case for dissolution of marriage stating cruelty against brother. Now, she threatens to add additional false allegations that cover the same time period. What is the right process that she must follow?
Are amendments to original case to incorporate allegations allowed?
mrgop
17 April 2012 at 22:24
Last three years, I am contesting the annulment petition filed by wife on ground of my impotency. I've already filed RCR, and counter/reply to her annulment petition. In both rcr and counter I have denied all allegations and not raised any allegations against her. Recently, in evidence stage, I've filed application for my potency test by medical board. Since then three dates passed and they were not present in court.
So, I think she is trying to get her petition dismissed and put me in trouble by dragging the rcr, and even if i win rcr, it would be difficult for me to get divorce on non compliance of rcr decree only.
In this scenario, if amend my counter to her annulment petition by adding a request for divorce on ground of separation, can I avoid her petition get dismissed due to her continuous absence?
I mean, she filed for annulment on ground of impotency and by amending my filed reply I ask for divorce on ground of separation. Now, can judge the dismiss her petition if she & her advocate is absent continuously? Can she withdraw her petition without my consent? If she can, will my request for divorce on ground of separation also get dismissed with main suit?
Rawinder Randhawa
17 April 2012 at 18:56
Hi
I want to get copies of this ex-parte divorce decree and since I am not in india, I dont know the best way to get it. The details are as follows:-
case number HMA-44
Dtof Instt 15.4.09
In the Court of Sh. S.K Aggarwal,
Additional District Judge, Moga
Thanks
Rawinder Randhawa
A KUMAR
17 April 2012 at 16:09
Respected Sir,
My father- in- law signed a will (unregistered) in 1992 in my husband name the only son, have 3 sister and mother for House which was allotted to him from l&do in Delhi, now he has expired. My mother-in -law playing lot of tricks with the help of my sister’s –in-law and brother in law’s, so that I vacate my father-in-law house.
Now I want to know if she (my mother-in-law) along with my sisters-in-law and my brother-in-law’s can force me & my husband and my son to vacate that house by hook or crook.
My father in law mentioned in the will that I have given gifts to my daughter's time to time so they have no share in this house.
And for the safety of my family what stand
I should take to live in that house peacefully with my mother-in-law who is 81 years old.
My mother-in-law harassing me that she and her daughter have another will but my father-in –law always swear that he has signed a single will which is in the name of my husband. My husband did’nt speak on this matter and become mentally disturbed. He is afraid of her mother and sister’s and from brother-in-law.
Is it possible to stop my sister's-in-law.
My mother in law got 30 lakhs (4 lakh white) and rest in black money and she distribute 22 lakhs in between her daughter in 2008 at that time my father in law was alive and he told her daughter's you have got your share never ask my son for anything but how can I proof it.
He mentioned in his will (NEITHER MY DAUGHTER NOR ANYBODY ELSE HAS ANY RIGHT TO RAISE ANY OBJECTION OR MAKE ANY CLAIM.)
i AM LIVING IN DELHI (SOUTH
YES I HAVE THE ORIGINAL WILL WITH ME.
I AM ASKING YOU WHAT SHOULD I DO. IN WHICH COURT I SHOULD GO.
Pl. reply
ankita slot
17 April 2012 at 14:40
Sir
my husbands divorce petition is restored at family court on 26 March 2012 from the stage of written statement filed by me.my husband had given consent to remand the matter back and with consent of me and my husband divorce petition is restored
lancy
17 April 2012 at 12:56
thax for your reply for my previous query.now i clealry mention my application,as i filed divorce petition in 2010 sept on cruelty and deserted ground.and sent notices to my wife after 2 reminders she didnt reply anything,and i appeared in court in sept 2011 that is after one year of divorce petition.and after my statement the order passed and in the order judge cancelled divorce and on pen she has wriiten seperation and signed.and until now my wife doesnt know it nor they appeared in court.but before one week of judgement order she filed false 498A case on me and all my family members.and during that time i was in india only but the police tried to arrest me but as i had no leave i back to abroad same week,if i apply for bail n all it takes many days so i didnt go for all.and now that case transfered to my area station from wifes place as she filed it in her place.last week my wife appeared in police station and now she told only my husband n my brother harrased her.but its all absolutely false also she told we filed case coz he filed for divorce but police not recorded it.butmy question 1) wen i go to india next time is it possible to ask for anticipetary bail from abroad thru my advocate there or i have to be there in india for it? 2)if the order is only for seperation then after one year of seperation order that same case will be considered as divorce r i have to file one more for divorce? 3) as i had doubt over that order so my family asked many other advocates but all say this is divorce only how? really i am confused.4) even i reminded my advocate saying this is not divorce only seperation but he says no yu can remarry after 3months of getting this order.but next i go india after 1year of this order so what will be my next step? i am really worried.plz advice
ankita slot
17 April 2012 at 11:42
I m going to tell the fact of my case 1. My marriage was intercast love marriage after marriage for 6 months I live with parents as they are not aware of the same.
2.after some month my in-laws arrange an seprate room for us.we live there till 18 April 2008 my husband asked me to go to my parents home for some days and he went to his parents place by promissing me that he will agreed his parents to accept me.
3. On 18 may 2008 he told me to come with my relatives for meeting when we reached there my mother-in-law shut the door and started abusing us so we file n/c in police station then he filed counter N/C against me and my relatives.
4. On 21 may 2008 he filed divorce petition under cruelty ground.
5. On 5 July 2009 balif had served summance on me when I asked about the same to my husband he told me that it is not courts papers these papers are send by his father with hirelings to thretend me and he tored the same papers when I asked about the same to my in-laws they also told the same and till.March 2010 and my as my parents building went to redevlopment so we changed our residence but till I have each and every relation with my husband and he shows every concern towards me so I never come to his bad intention so didnot appears in court.
5. On 23 Dec 2009 family court pass an Ex-party divorce decree against me
6. I get divorce order by post on 9 Feb 2010 then I asked to my husband about the same as we meet each other on day to day basis this time also he told me that these are not courts papers and don't worry about the same
7.but this time I contacted the Adv for the same and as per there guidance on 3 March2010 I filed set a side application against Ex-parte divorce order and on same day I informed to my husband and in_laws about the same they told me that when they will get papers from court then only they came to court when I came to know about the date of my proceeding that is 16 April 2010 I informed the same to my husband and he told me that as he had work pressure when he will get paper from court then only he will attend the proceeding
On 5 May 2010 court served summance to him but by the time on 1 may 2010 he performed his second marriage
My set-a-side application is rejected under section 5 of limitation act that though summance was served ...
I filed appeal against both that is Ex-parte order and another on dec 2010
My äppeal is addmited by consent my matter is restored on 26 April 2011
Now I want to declare his second marriage null and void. In my privious qury I have attached order copy of high court as my financial condition is not proper that's why in family court I have not äppointed Adv now my sister is helping me in this matter so I want the citations to prove his marriage null and void and from last 4 years he had not paid me single rupee so please guide me in my matter
lancy
17 April 2012 at 07:27
sir i have got mail from experts saying seperation is not civorce and its permission to stay seperate through judiciary,but again when i asked my advocate he is saying as in catholic christians judgement cant be given as divorce so they given seperation,but i have no problem to remary he told.but i doubt is what if they dont appeal until one year for my seperation order and how i go ahead with this order to get mary again and>i have reciedved order thru senior sessions court,and where they can apply against this order in high court or same court?even after i got this order and before one week she has filed false dowry harrasment case against me and she doesnt know my seperation order yet,so how i proceed as i am in abroad and what step i have to taken as i still not appeared in police enquiry as i am in abroad.plz advice
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