rsraghukumar
07 April 2012 at 06:45
sir my marriage is declared as null and void. opp party prefered appeal. she took in high court interim suspension.
sir please clarify my doubts sir.
a) i came to know that when marriage is declared as null and void u/s 11 of HMA, there is NO APPEAL itseem is it correct sir?
b) Sir if appeal is there High Court can not give interim suspension in Null and Void Cases, it should be vacated it seems is it correct sir. sir i came to know that if once judgment is under interim suspension, it will come under final hearing list, and that final hearing list will come only after six, seven years itseems. how sir, how to come out from the situation please suggest me.
in null and void marriage i have to wait again those many years sir. already five years gone. i am waitning for your valuable suggestion.
Ranganath
07 April 2012 at 01:22
Ld Counsels,
Wife filed a transfer petition before district judge on the ground that the family court is not complying with the direction of HC to dispose of the case within 3 months and delayed the disposal for 7 months. in wife's divorce petition husnad was set ex parte and all evidences are takn on record only prouncement of order is pending.
Husbands also filed a divorce which was dismissed for default and its restoration application is also pending. Is it a valid ground to invoke for transferring the cases even after the hearign in wife's petition is over.
Please clarify. thanks.
sunny
07 April 2012 at 00:56
I was married in year 2007 and my wife deserted my home after 1 year.Since then i have tried so much to call her back.But she is not willing to come back.She is saying that my father scoulds her and he says do not come to our home.
Now she has filed case in women cell and in court and is asking for mantainance.
We had a property(ancestral)in punjab which was sold and we bought a property in delhi which is in my name was given by my family.She has taken all her jewellery with her.She has given list of expenses since marriage in women cell and in court.
I am still ready to live with her.As the problem is my real sister have married to my wife's cousin brother in 2005.Where my brother in law has filed for divorce since 1year they have 6yrs daughter also.Where my sister too doesn't want divorce and she is living in her husband house since marriage.Please give us legal help to resolve the issue.
Prathna
06 April 2012 at 21:41
Dear Sirs,
I am Mumbai based married to a man from Bangalore during end November 2011. We got separated during end January 2012. I left Bangalore and came to my native Mumbai and since then staying here. I am a MBA student. I want divorce as soon as possible. He is ready to give divorce. Please advice how to proceed further for divorce so as to get relief fast.
Thank you.
Law Querier
06 April 2012 at 18:54
Marriage registered before one year in India. Husband lives in India and Wife is in Canada on working visa (since 8 years). Wife has filed divorce petition (Section 13 (i) (ia)) against Husband. She has made POA to her father to run divorce case in India. Husband doesn’t want to divorce her and wish to live happy life with her. There is no any evidence of their marriage except the registered marriage certificate of India. Wife has not add her husband’s name in her passport and also not registered her marriage in Canada. Wife has plan to settle in Canada. Now, the questions are
1) Is there in any legal system in Canada to register the marriage in Canada If someone get married although it is registered in India?
2) Can Husband give the information about their marriage to Indian Embassy or Canada Embassy? If possible then How can he do this? OR is there any legal way to inform about their marriage to Canada government?
3) If wife will get married again in Canada with other person hiding her past marriage then How can Husband know about her actions?
Thanks in Advance…
Ragunathan
06 April 2012 at 15:30
I got married in 1994 and lived together for 14 years. Last 4 years, I am living seperately because I come to know her misdeeds. She has filed 498A case against me, my sister, brother in law & their son (20 years) on 28th Feb'2012. My sister was arrested and now got the bail. My brother in law escaped from Police arrest and he also got anticipatory bail. As I came abroad in Jan'12, I escaped from the arrest. My relatives are telling me that I can't get anticipatory bail, being in abroad.If I come to India, I may loose my job because I'll likely be entangled in litigation. Now I don't know what to do from my front. Can anybody guide me!!
amol sharma
06 April 2012 at 10:51
Marriage happened in Jan'2008
Came to know wife suffering of BPD, in March'2008 due to taking medicine. Tried to ask her but no answer, also taken up the matter with my in-laws but no response from them. My father fell ill in April ‘2008 as he was suffering from Parkinson. He passed away in Aug ‘2008 in Luck now.
I came to Delhi on 22nd Aug’2008. Leaving my wife in Luck now as my
mother was alone and she (My wife) had to return on 30th Aug'2008 .But she had an attack of BPD in 25th Aug'2008 and on 26th her father came and took her to aligarh to get her diagnosed where her medical treatment was going on .Prior to leaving Aligarh we had also got the checkup done by local Doctor (Neuro Surgeon) whose prescripttion was taken up by her father. We tried asking them the details twice in Jan'2009 and Jan'2010 but not getting any answer we send the legal notice thru our advocate in
feb'2010 in retaliation they filed 498a,406 and 125 crpc in Aligarh .All
were complaint case . Cases were transferred to mediation cell at aligarh district Court.After several round of mediation we aggred for the same in Aug'2010 thru payment of money. Terms were of withdrawing of all
the three cases and mutual divorce. But till date they haven't given the divorce. I had then filed the divorce on 31st Oct'2011 in aligarh court on
grounds of cruelty and desertion . In reply to my petition the Ws given ‚ that we had to pay clothes and jewelry .But there was no such agreement. Between us.
Kindly advice what should be my next steps can I file cheating ,breach of agreement and contempt of court and anybody send me the sample of all the petitions which I could change according to my case.
Akhalaque Ahmed
06 April 2012 at 10:36
Dear all,
we got married on 09 may 2011. without any reaseon she went to 10 july 2011 to their parents home along with its father. and never come back, we try to take back her but they denied it. on 13 march 2012 she filled FIR (498A, and other sectin of IPc with ACP 107 also), on 31 march police arest my father we also called in police station, police make PCR against us and then we produced in court honarable judge grant us MCR (bail). charge sheet yet to fill. please dear all kindly suggest what are steps should we take to save us from them.
looking forward for your all cooperation
rsraghukumar
06 April 2012 at 09:43
Sir please enlight me the following few lines which are relating to the contens of a Public Document given in one of the judgments of SC.
"The Check Memo which is requred to be maintained by the officer in charge of the counting table is a document forming record of the acts of a public officer and therefore, a certified copy thereof given by the collector in whose custody the document is kept, can be admitted in evidence in proof of the contents of the original document"
Sir doubt is regarding contents of a public document need not be proved. The above para relates to my doubt or anything else. i mean sir contents of a public document related issue only na sir.
The above para of SC judgment whether it relates to contents need not be proved of a public document or any thing else.?
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Marking of a document
sir when photos and negatives are filed at the time of cross examination, subject to objection should be raised regarding calling of photographer as witness at the time of marking the photos at the time of cross examination or the subject to objection of calling photographer should raised even at the time of filing written submission. the respondent did not entered in to witness box also. she took that plea at the time of written submission. how it is possible sir, after all procedures are completed she demanded for photographer to be called. she never rasied that objection at the time of marking of photos and negatives.