Giridhar Shettigar
05 March 2012 at 12:56
I had filed case for conjugal rights against my wife. Now my wife looking for out of court settlement and asked through her advocate for family meeting. my query is :-
1) Is, can we prepare the Minutes of the family meeting
2) If so, such minutes is valid in the respected court.
kindly inform me
Thanking you,
Regards
Adv.R.P.Chugh
05 March 2012 at 12:07
Ld.Seniors,
Alongwith a Mutual Consent petition that I filed - we enclosed a MOU (Memorandum of Understanding) entered between the spouses as to how the property would go. First statement has not been recorded yet. The parties want to make certain amends in that. Can we submit the new MOU - and disown the earlier just like that, or there has to be O.6 R.17 Application to that effect or an amended list of documents?
Thanks a ton !
SSng Aulakh
05 March 2012 at 11:28
A couple did court marriage two years back. Due to impotence of her husband, both of them have signed an affidavits giving their consent for divorce.
Now, a ready proposal for the Girl has come from another boy, can the girl marry to this new boy, without taking divorce from the Court.
Naresh
05 March 2012 at 08:44
Dear Experts,
I (husband) filed divorce u/s 13(1)(ia) (ib) on cruelty and desertion grounds. I need relevant judgments, which I can use to support my case. Below I am giving the circumstances of my case.
(1) I filed divorce due to non-cooperation for consummation of the marriage and wife is not interested to lead marital life with husband. The duration b/w final separation and divorce case is 1 1/2 years. But by then marriage happened b4 3 years ago till separation happened.
(2) Wife claimed in her counter, husband is impotent and due to his impotency consummation not happened.
(3) medical board found husband potent.
In the above circumstances, I need good judgments to prove desertion happened though the 2 years period is not completed b4 filing the divorce notice after final separation. But I read somewhere that physical separation alone strictly is not required, even if wilful neglect of wife is sufficient (in the above situation any way wife herself saying non-consummation due to husband impotency, but medical board not found impotency) to prove desertion. So, I request the experts, please share with me, if you have any good judgments supporting the above circumstances.
Regards
Naresh
05 March 2012 at 08:15
Dear Experts,
Please explain what constitutes dowry and what is stridhana. Legally, how the distinction is made?
In my divorce case, the wife & her father are alleging that they have paid Rs. 4 Lac as stridhana on the demand of the petitioner and it is liable to be returned @ 14% interest.
I have the following questions on the above.
(1)"Irrespective of whether it is dowry or stridhana, they have to prove to the court, that they have indeed paid and in the absence of any material evidence court can't consider such an allegation". Please clarify me whether the above statement is correct or not?
(2)Wife side is saying that they have paid stridhana to the petitioner, but as per the definition of stridhana, it is the articles, furniture etc. given to the bride as her own property without any demand from the husband side, but on their own wish they have paid to their daughter. Is this argument correct as per the definition of stridhana and as per the law?
(3)Is it true that if they claim, they have paid cash as part of stridhana then no proof is required as per the law that is why they are saying stridhana and dowry? Please tell the difference.
(4) Can the stridhana be paid in the form of cash and it need not always be in the form of articles? please clarify
Regards
kush
05 March 2012 at 07:14
Dear Sir,
I got married about 10 months back. After marriage my wife never allowed me to have physical relationship with her and told me she needs time.After marriage she stayed in my house for only 17 days and then went to Delhi, where she works.After that she never came to my house and don't use to pick my phone calls. I got her phone details and found that she even chats with her friends during whole night but with me she don't chat or call me.
Their parent's attitude are also very surprising. When we told them that we want to talk to them on this matter they are just delaying it. I don't understand why? Do girl side gets any benefit if after marriage one year time gets over?
Now i want to finish this marriage. I want to know on what grounds can i finish the marriage. I also want to know can we put impotency charge on a lady as she don't allow for physical relationship.
basavaraj shiromani
04 March 2012 at 20:58
A Woman filed a petition under Sec 125 of Cr.P.C against a person, alleging that, her marriage was solemnized with said person 22 years back and she lead marital life with him for the period of 6 months and after that she went to parental house and she gave birth to one female child.
In fact, there is no any type of relationship between woman with the said person. There is no whispering of a single word regarding the status and stature of the said woman or the child since 22 years. Suddenly the woman moved this application. There is no material on record to show the relationship also. The said person is totally denying the relationship with said woman as there is no iota of evidence to show any type of relationship with the woman.
-Whether, the application is maintainable against a person without proof of any relationship, that too after lapse of 22 years.
Member (Account Deleted)
04 March 2012 at 20:44
Dear experts,
In my case my wife's advocate says lot of lies in the court and also has taught my wife to lie before the Honorable court.My question is can the case be conducted with out the advocates in the family court.I am sure if her advocate is not there she would say the truths.Is there any provision to send her out side the court room or ask the court to run the case with out advocate? If it is useless question please forgive.If there is any option for that please inform me.
R Muralidharan
04 March 2012 at 18:18
Petition for divorce filed by the husband. Petitioner side has finished examination of their part. when the Respondent was to cross examine, a petition was filed for divorce on mutual consent. The respondent objected to the part delivery of belongings by the petitioner in the court. Hence petition for mutual consent could not be processed and completed.
In the meanwhile petitioner files an application for decree of divorce which was dismissed as premature.
Can the court at this stage pass orders for divorce due to the continuous absence of the respondent in three consecutive hearings.
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Documents required
Sir, I want to file Adoptation Deed.
Please tell me, what would be the reqired documents for preparation of Adoption Deed ?
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