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SATISH   15 April 2012 at 00:22

498 a & restitution of conjugal rights

My wife deserted me from April 2010 and went to her native.There after she filed a false petition to the Protection officer for domestic violence. Me and my parents attended the counseling sessions on 4 occasions. On my wifes demand, I had take a rented house. But my wife refused to come. The protection officer gave me a report clearly stating the facts. Subsequently I had applied for sec.9(Restitution of conjugal rights) case on 03/01/2011. My wife had filed 498a case against me as counter in March 2010. I have a boy child aged 3.5 years. I was put behind bars for a week. The following are my doubts:

1. With regard to sec 9 case my wife is stating that she is willing to come back. If I take a stand that I will not take her back, will I get convicted in 498a case? Or will it be based on the merits of the case?
2. I have taken a stand that I will take her back after closure of 498a. Let me know the approximate time it will take for the closure of both the cases?
3. My wifes qualification is Mtech. She has a total work experience of 10years. She is demanding for interim maintenance. Let me if it will be granted even if she is working? If granted can it be enhanced by her in future?
4. If I am able to prove that the allegations in 498a are false and the case gets dismissed, will divorce be granted to me if I apply for the same (based on cruelty).

Anuradha   15 April 2012 at 00:21

Difference between decree & order of divorce

I just want to know , that the date on which order is passed and the decree are of same date, both of these mention same date or their is a difference in dates in order pasesed for divorce & decree of divorce ???

Kaushal   15 April 2012 at 00:03

Divorce

hi, i got married in 2004, have a three year old girl, in 2007 my wife file 498a in court & since then my family has been going through mental strainss..i want divorce from her plz advice

DEEPAK SHARMA   14 April 2012 at 21:02

Marriage registration

1.Can a person with no address proof register her marriage.?
2.I want to know whether the PRISTS name & adderess & his presence is required at the marriage registrar's office.?

Pls. advice me on the same.

thanks

deepak

Arka Foundation   14 April 2012 at 20:01

X-wife re-married, but 498a not disposed, till running

Hello Forum,

In a party to a case

1) wife got ex parte divorce

2) A1 did not receive summons from court.

3) x-wife(498a complainant)got married

4) after marraige of x-wife(498a complainant) first hearing was dated for a1-a4

5) x-wife(498a complainant)did not tell to the court.

6) a2,a3,a4 got atttendance dispense.

7) Still A1 is running around for 498a.
from city to city.

Question:
As x-wife got divorced and re-married again happily since one year...

the 498a case will not be weak?

wont it be disposed without any hearings further.

what to do in this regard.

Anuradha   14 April 2012 at 16:11

With order of divorce, second marriage

A friend of mine who had filed for mutual divorce with her husband , has got tthe divorce order recently. The story is , on 12th march Judge has ordered for divorce and accepted the legal seperation of my friend and her husband. Jugde signed the order and the respective lawyers accepted it by signing.

Lawyers said that now either of you won't have to come to court again, you both are legally seperated. The lawyers said that they will apply for the decree of divorce.

But than 2 days later , my friend got married with her lover at arya samaj mandir, and got the certificate aswell. Her lover knows that my friend is a divorcee and knows everything. They have also submitted documents for legal registeration of marriage.
At arya samaj mandir my friend did not mention that she is a divorcee , she wrote that she is unmarried. She did this because her partner already knows the truth and has given his consent to do this all, her partner didn't wanted her to disclose about her 1st marriage. She has not cheated her present husband by any means.

They have got their legal marriage certificate aswell. I mean they did registry marriage also, with the arya samaj photo's and documents .
The only thing is the decree is still pending. So now my question is :-

1) Is this marriage legal or valid ?? Marriage hasbeen solemised after the order of divorce not before that. on 12th march order of divorce and marriage happened on 14th march.

2) Can the 1st husband challenge this marriage ?? ( All the formalities are done, order hasbeen passed and the second marriage happened, only the decree of divorce is still pending )

Please kindly guide me with your answers so that i can clear my friend's doubts.
Thankyou

Dr.Gaurang N. Gandhi   14 April 2012 at 12:39

Hindu law re marriage

A hindu girl want to remarriage with her old husband. is it possible in hindu law?

indira   14 April 2012 at 10:40

Rights of children of deceased first wife over property

I am the only child to my parents. My mother expired in Aug 2010. My father is now getting ready for second marriage. He has a self acquired own house and ancestral property.

My father is 65 years old and he wanted to marry a muslim married lady with children. So that after marriage she will get the pension throught out her life after my father's demise. This is the basic cause for the marriage.

Please suggest me that what are the rights i have over the property of my father and what are the precautionary steps to be taken for not loosing the rights over his property.

lancy   14 April 2012 at 08:17

Divorce

sir,i would like to ask you the diference between seperation order and divorce order?because i had filed for diovrce with my wife afte longing disputes between us and she deserted me and she livinf with her own with my 3year old daughter.after one year year my divorce petition neither she appered in court not replied for our notice,and finaly judgement given saying judgement on seperation givemn,but i have filed for divorce.but i am confusion and after almost 7months still my wife doesnt know it.and is there is chance so they can appeal again or is the seperation and divorce is same?

Manjeet kumar sahu   14 April 2012 at 08:14

Life imprisonment can be ground for granting divorce

Recently Karntaka High Court rejected the Miscellaneous First Appeal and held that Life term imprisonment can be a valid ground for desertion and cruelty.

I am unable to find the complete case.