Naresh
08 April 2012 at 09:17
Dear Experts,
In Feb'12, family court dismissed maintenance petition filed u/s 18 HAMA by wife on desertion (of wife) ground that is before the new (property) amendments came into force.
Now my question is
(1) Is the new amendments concern to mutual consent divorce only or can it be applicable to contested divorce only?
(2) If it is applicable to contested divorce also, in my above situation, when maintenance u/s 18 HAMA is dismissed, is there any chance that she will be eligible to file for any maintenance/property under new amendments or sections?
Thank you sir,
Regards
Naresh
mrgop
07 April 2012 at 22:01
I'm contesting the annulment case filed by wife on ground of my impotency, and I've also filed rcr from my side. Both cases are dragging in family court for last three years due to repeated mediation/counseling sessions,absence of judge,absence of petitioner etc. I've filed application for my potency test by medical board, and since then four dates has been passed without any developments due to petitioner's absence and last one and half months there was no sitting as the judges post is vacant. So, all are getting long dates.
As there is no chance for mutual divorce, I want to get my potency test done and finish the case as soon as possible.
So, please advise on how to speed up the case in such a situation?
If I file urgency petition(21B), can it help me in such a situation?
If yes, please suggest a good reason for urgency to be mentioned in 21B.
Can I transfer the case to district court?
My advocate told me that in most of the cases the urgency petition is not allowed and filing 21B is a waste of time.
I want to get my potency test done as soon as possible and also get rcr in my favor. Then wait for one year and file for divorce on ground desertion and mental cruelty to get out of this menace.
Please help.
rajiv_lodha
07 April 2012 at 19:06
Boy filed divorce on cruelty grounds at Add Session judge court. On 1st hearing SEC24 application+councelling, 2nd hearing= Sec24 reply+councelling. 3rd hearing=case goes to Mediation Cell, remains there for 4 months.........failure report is back.
ADJ acts with non-sense n on the very 1st date of resumption (back from Med. Cell), 'frames the issues' n puts a long date of 6 months for Boy's side's evidence. case is now 18 months old. The things which are lost in his hurry:
1) Girl sides WS
2) Boy's Rejoinder
3) Sec 24 arguments+ decision.
Boy wants the last ZIMNI to be corrected & correct procedure followed, Judge is transferred, the new one rejected the Boy's rule-8 (striking-off the defense) application assuming that "when issues are framed, girls's WS must have been there". Actually, girl's side has inserted 7 pages WS into the court file by bribing the staff when they came to know that Rule-8 application is there. This 7pages WS do not correspond to any ZIMNI till date & no court marks are there on it. Now:
1) Does the boy need to move HC to get the anomaly corrected?
2) Is sec24 need to be over before "framing the issues" in divorce cases
3) Whenever girl files WS, is it mandatory for the judge to mention it in Zimni-orders or some other court procedure has to be followed as mandatory.
4) How to get justice that -ADJ has not applied his mind n not followed the necessary procedure when he jumped to 'issue-framing' by-passing other steps......moreover girl side has inserted WS without any markings till date?
sk
07 April 2012 at 18:18
A get panchayati divorced from B 11 yrs. ago, but they did filed the divorce petition in court.There is one child from that marriage, who is with A. A is holder of passport with Spouse name B.
After 4 yrs., A remarriage with X. And now one child born out of this wedlock.(now age of child is about 7yrs.)
Now A want to change her spouse's name i.e. X, for which A has to show divorce decree from court.
Now how to get a divorce decree?
S P Goel
07 April 2012 at 16:45
7.4.2012
Respected sir,
Subject- Whether Domestic Violence is applicable on a person whose age is 57 years
Dear Sir, my age is 57 years, marriage period 33 years, elder son 31, younger son 26 years, my wife ( 56 years )filed Domestic Violence Case u/s 12 on me and I gave reply,they have to file rejoinder sir
It seems that PWDVA does not apply if Marriage Period is more than 20 -30 years, I need your opinion and guidance sir, if yes, kindly give section or judgement etc and oblige me in this time of worry.
Thanks and best regard, thanks for earlier help sir.
S P Goel, Delhi 9810101999,9560468690, spgoel118@yahoo.com
skgupta
07 April 2012 at 10:29
sir you could guide me what are the rights of children born from second lady with out any marries on anchestrol properties the lady is live and husband is dead the lady was attached in year 1956 after hindu marries act1955 she have 5 children and 5 children from first married wife [first wife dead in [1955]
Ankarsh Rattan
07 April 2012 at 07:54
Respected Sir,
Hon'ble court gives me the visiting hours for meet my female child from 5 PM to 7 PM on each sunday at Church. My wife gives statement in court that child is came with my father in law or brother in law. But they did not bring the child during last sunday. What Can I Do not ? Should I file contempt ?
basavaraj shiromani
07 April 2012 at 07:48
A had two wives B and C. is the first wife and c is the secound wife. A challanged the merital status of B before the court. B filed her WS as she is the legally wedded wife. But unfortunitly her advocae filed a memo to decree the suit wihhout knowledge of B. Accordingly said suit decree in favour of A. The fact suddenly came to know after lapse of 12 years. During this periiond died. The secound wife of A got entered entire estate of A in her name and afterwards transferred by way of gift in the name of D who is the son of A's brother and now the propeties are standing in the name of D. Now C is also dead. Now B wants to challange the compromise decree as per her WS contents. What remedy available to her ? She wants to challange even the name of D ?
rsraghukumar
07 April 2012 at 07:39
sir i secured one of the judgments of Orissa High Court regarding witnesses.
"It is not necessary that the witnesses to the marriage should prove all the details which taken together constitute a valid Marriage under the Hindu law".
Is it correct sir. to prove a marriage, party to a marriage need not come to court and prove a marriage.
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