parthabandhu guha
05 March 2012 at 22:17
My son and his wife file mutual divorce petition through a lawyer in August, 2011 and the lawyer intimated the Mat case no. and the date of hearing.
Later I found that the date of hearing was a holiday (6th April, 2012). I contacted the lawyer and he assured me that he will get another date for hearing and will intimate me.
My question is that :-
1. Does the court not give any receipt
after filing of the petition ?
2. Does the court not send any notice to
the addresses of the petitioners ?
3. May I directly write to the Registrar
for giving another date of hearing ?
I shall remain grateful if my answers are replied.
asmita0009
05 March 2012 at 21:11
I had done marraige on 22/2/2009 with in 2 month My husband had filed petition under section 5(11)(a)(b) & 12(1)(b)(c) of hindu marriage act. 1955 for marraige Null and voide on ground that i am psychic patioent from huis city. i had filed application for maintence and Court had given me 5000/-pm as maintence which is only 5% of actual income of my husband. I had not filed legal expenses. all my stridhan is in custody of my husband in which appro 80% given me from my parents. I had always prayed Hon court to take the decision on my stridhan first. But court had not done so and since last 3 years it is in custody of my husband. So, i am not setisfied with court procedure and filled applications twice in court to review the judgement.
further Now i had filed case under section 12,17,18,19,20,22,23 r.w section 26 & 36 DV. In this case Hon Judge told me that if i will keep pations he will give justice of stridhan, maintence etc together and procedure will go fast.So,last date we filed afidevit, and next date my cross will start.
So, is it proper decision? or i should demand first for maintence and stridhan.
So, give me proper guidance.
asmita0009
05 March 2012 at 20:41
I have matrimonial profile which of my Husband submitted on matrimonial site by he himself which shows his income is 80-1 lac and I have other related correspondences. But my husband is showing his IT return in which his income is half of the marriage profile, and he shows huge deductions like loan installments for home, medical, etc. So, which income proof court is considering? Please advice.
PARTHA SARKAR
05 March 2012 at 20:36
Kindly advise as per the following facts to file WS:
During pendency of the RCR decree execution case wife affirmed through show cause that she wants to comply with the decree i.e. wants to stay with her husband.
1. During pendency of the above suit if she filed divorce suit on false ground (documentary edivence available) at her own place will it attract constructive Res-judicata or Orer 7 Rule 11 (rejection of pliant)of CPC or supression of facts or any others?
2. She did not appeared in the RCR case but later appeared in the decree execution case. Through show cause have stated different fresh allegations.
3. Diffrent allegations on same cause of action in two different cases which section or order of CPC attracting?
Mrunmai Deshpande
05 March 2012 at 20:00
I am a person of 40 years of age suffering from paralysis of both the legs and currently jobless. I have wife and son. We were staying with my parents in a flat owened by my parents(not inherited). My parents are retired and are sustaining on their pension and interest from Bank FDs.As I am jobless, my wife is not staying with me. She has gone to her parents' home with our son. She doesn't want to come back. If we get divorce, How can I give maintenance and alimony to my wife and son as I am jobless. Do my parents have to give her compensation from their paltry earnings since I am unable to pay? Please advise.
subhash
05 March 2012 at 19:47
My father is an N.R.I.He left us 8 years back and we kept waiting for him.,while my mother was taking care of us.We tried to contact him in many ways where we didn't find him anywhere,He didn't even spoke to us.My mother filed 498a on him knowing he came to India.,He didn't attend any of the court proceedings escaping every time with some reasons.,He doesn't send any money also for as maintenance Now my mother was diseased with breast cancer and it is incurable..we are going to be ORPHANS,
Now i'm pursuing my B.Tech and i need his help to complete it.I just want him to take care of my studies whereas i'll take care of my brother and sister with my earnings..
Now i need help how to proceed for asking him to take care of my studies legally?
rsraghukumar
05 March 2012 at 18:01
sir two days back is sent one query that i filed null and void which was allowed on the grounds that she was already married and which is in subsisting. now that lady filed appeal in highcourt. she applied grounds like
1) i have not proved according to order 6 of cpc. (Sir what is the meaning of order 6 of cpc)
2) even she said that i have not proved order 10 of cpc. (Meaning of order 10 of cpc)
3) not called priest who perfomed the marriage (sir i am not eyewitness to that first marriage. more ever her lawyer did not asked any of that question like who is priest, call priest etc(who is no more itseems). to me or to her first husband. moreever she did not entered the witnessbox.)etc.
she did not enter the witnessbox and also filed one memo that there is no evidence from her side. sir please enlight me that above grounds are valid or not. sir i came to know that a third party can prove the previous marriage or any marriage. plz forward that citation.
swaraj
05 March 2012 at 17:01
respected sir my bhabhi filed a false dowry cASE(498-1,323,) against my brother and father through police inquiry on 18.5.2011 ,now my father on regular bail and brother is in ausralia before f.i.r lodged.
now my bhabhi filed divorece case and maintenece case against my brother and filed domestic violence case against my father and brother in court,and court recommended inquiry to child development office, and court fix hearing on 7.3.2012 now my qwestion is that.
1. the divorce case filed by my bhabhi himself ,not by our side ,is it possible to sought maintance from my brother
because the divorce case filed by bhabhi then why we give maintance
2. the 498-a and 323 case already running in court then why my bhabhi filed another domestic case in another judge court
3. what charges of ipc could be in domestic violance
thanks
sandeep
05 March 2012 at 15:52
I was married on 11-12-2008.I am A PH person.At the time of marriage,the girl's family told us that the girl was earlier lived with her first husband for one day only and as her first husband was very greedy then she came back to her parents home.We believe in them and the marriage took place. After two years of marriage ,I start visiting various Gynaecologists for child.I came to know that she is having Endometriosis problem then I went to court for her divorce case earlier done.There I came to know that her left ovary was removed in 2001 and her right ovary was repaired due to Cyst in the ovary.Then I stopped talking with her .Now she has filed the complaint of Dowry harrasment in CAW cell Pitampura.She is doing same happenings of 498a ,406 as did earlier with her first husband.I want to know what should be done ? If I file divorce petition then Will it be feasible that I write that I do not know her divorce case earlier
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Bigamy/ domestic violence
Dear Sir/Madam...I was married in 1994 and in 1995 i gave birth to a son. I was living with my husband and in-laws in the house which was a self acquired property of my father-in-law. In 2000, father-in-law turned me, my son and my husband out of the house and disowned my husband and also made a registered will passing on his entire moveable and immoveable property in the name of his daughter, my husband's sister. My husband got agitated and frustrated after this and used to blame me for this. As a result, our relationship deteriorated and he filed a separation case against me in 2001 . We were staying in the rented house then. After the separation case, my husband left me and my son and went to live in another rented accommodation. I could not afford to pay the rent and so I had to move out to my Parents house along with my son. In 2003, my husband converted the petition of judicial separation into petition of divorce on grounds of cruelty. In the mean time, in 2006, my father-in-law expired and my husband being the only son moved into the palatial house to look after his mother. My husband continued to pay me maintenance of a paltry amount of 3000 every month since the time we separated. In 2008, the trial court granted divorce to my husband and I filed the appeal against the judgment and also filed a petition disabling my husband to marry again in the high court. My husband now has remarried and is staying with his second wife and her daughter in his mothers home. I have failed to gather any proof of his second marriage as I learn that he married this lady in some temple and has not left any proof. I want your advice on whether:
1. Can my son claim anything from my husband or my inlaws. My son is going to be a major next month. ( My husband has shown no income in the returns and has shown himself unemployed and surviving on income of my mother-in-law and also he has no property in his name). However, my in-laws have huge properties and lands in crores. My husband , as directed by high court, is paying me 3500 every month which is inadequate for me and my son as I have to incur many expenses for our survival and for his education
2. How can I get my husband punished in bigamy in absence of any proof of his second marriage. Is living with this lady not a proof of his second marriage.
3. Can I take shelter in my husband's home( now my sister-in-law's) home under domestic violence act .
Please advice
Regards
Geetanjali