kavkaz
25 February 2012 at 11:55
I surrendered to RCR and denied all her charges, the Judge asked her to join me. But She refused and started demanding a separate accommodation to join me.
In her prayer, there is no such mention of a separate accommodation. Her allegations are all petty ones, such as not getting enough pocket money, restrictions in joint family to go outside, etc.
Now, as she is not ready to reconciliate, even though I am and also I agreed to the terms fixed by the Counsellor with regards to pockey money and so on, finally, the Judge told us that the case will now proceed.
Now, my question is which type of discussions will now start in my next hearing as I would always admit therein that I am ready to take her back and deny all her allegations and accept all the reasonable terms like pocket money, etc. so as to take her back.
The above is my story in brief, so What should be my strategy from next hearing onwards.
Ranganath
25 February 2012 at 08:46
Ld counsels,
Will Order 17 rule 3 applicable in this case. I have a OP for divorce in which wife filed counter affidavit. Also my wife filed OP for divorce which was also hear together and post for marking of documents.
I was set ex parte in OP filed by wife and my OP was dismissed in default. Is there any application of order 17 rule 3 of CPC to this case which will render any application to set aside ex parte order incompetent, forcing me to go for appeal alone. Will dismissal of my OP in default is an order on merits as contemplated under O 17 R 3. Kindly clarify. Thanks.
Suhas
25 February 2012 at 01:17
Can any expert kndly explain the meaning and significance of the following judgment by addl dist / family court (or whatever the designnations there. its confusing)?
Applicant-husband/father submitted the application (1 page)
It contained complaints as 'There are mistakes in roznama. Kindly either correct or reject roznama. Applicant is shown absent on two hearings wrongly. He was present.'
It also contained complaint as 'Court is just sitting IDLE on the applicant's application as 'filed' by avoiding to take any futher stages like 'other side to say' and hearing and judgment etc. Application is for 'take kids (2 boys, school going) to vacation trip after exams, as visitation proceedings also pending'.
Court gave following judgment on above 1 paged application within 40 seconds!!!!
Judgment:-- "Prayer not tenable and hence application is liable to be rejected'
Thats all (copy wasn't given to opponent lawyer. there is NO mention of 'other side to say' on application.)
I have read that 'Court judgement is supposed to mention the reasons for decision.'
Also above judgment is written on the left margin of the Application
Xerox copy which meant for the opponent was returned back to the applicant.
Confusion is that:
Question:- Does rejection also mean that 'it is dismissed for lack of merits?'.
Question:- Is above judgment appealable?
Question:- Why a new application may not be valid if applicant files the same above in HC now? Does that mean now it is res judicat (issue already decided)? Does that mean that now only appeal is valid?
Question:- Does that mean that now the applicant is legally not allowed to file a fresh application (in very soft words offcourse) in HC?
Please advise.
Even boys want to enjoy the vacation trip. But if court doesn't move and just sits on pile of Apps how is it possible?
AMSARAJ.J
24 February 2012 at 21:07
Dear Sirs,
The following is the present status of the cases:
1.Maintance order awarded to wife during 2003 by magisrate court,accordingly up to 2007 maintance amount received by wife from the husband.(wife is living separately from apr'2001 till date)
2.Second appeal for divorce by husband in the high court are pending as of now (i.e case numbered but not listed).
3. New case filed by wife under domestic violance during oct'11 in magistrate court and interiam order served on husband and he went for appeal agst interim order with district court. Here the case status is that, husband side he is ready for argument,but wife side wants to close all issues by settelement. Husband also accepted the settelement option.
Now how to get divorce order by giving settlement.What is the procedure to be adopted for the same.How to close the pending case at hc (not listed),and how to quash the maintance order issued by magistrate court during 2003, and how close the order issued by district court during 2007 favouring RCR filed by wife and disallowing the husband's divorce petition,against which 2nd appeal is pending with hc till date.
shankar
24 February 2012 at 20:53
Respected sir
I have a query I work in Uae I have embraced Islam I would like to change my name in my passport and my wife also want her name to be change in the passport I have added my wife’s name in the passport what is the procedure for the changing my wife name in the passport.
For changing my name in the passport i have to give an advertisement in the local news paper in India and in Uae, what is the procedure for me to change my wife name
Please advise me
M Chaturvedi
24 February 2012 at 17:44
Hello,
I would like to ask Whether a Documentary Proof of Income of Wife sourced unofficially & is not certified from concerned department, but, presented to the Court While the Case is still going on - Could this Documentary Proof of Income be Accepted by the Court?
Or
Are there any chances that the Court might Reject because it is sourced unofficially or not certified?
Since this is the Proof that will prove her Wrong in front of the Honourable Judge as She was, from the beginning, claiming that She is Jobless. But, in fact, she is earning much before she filed DV Act, 498A, Etc...
Thanks.
K.padma
24 February 2012 at 15:54
Respected Sir,
My name is padma.i am from A.p. i have one small family problem,so pls advice me.
My grandfather was expired 5years back.he having 2 son's.my dad was first son.my grandfather and my dad hardly worked and buy some site,that site was registered in my grandpa name.my small father in his childhood he began to studied,he din't work.my father din't studied and he worked hardly.now after expiring my grandpa.that site power came to my grandmother,she is favour to my small father.that site documents are with them only.my dad ask but she din't gave.
If my grandmother signed and my small father sold that site. we want to file the case in court.in which section we have to file a case in court.in which grounds we can win. pls advice me sir.
Never Give Up
24 February 2012 at 15:36
Hello experts,
Husband filed RCR 6 months before and in response wife filed written statement and HMA 24.No order / interim order on RCR/HMA 24 yet.
We pressed on withdrawing RCR, however opponent lawyer didnt allow withdrawl.I could not understand the reason behind it .
Could you please let me know what is preventing us from withdrawing RCR legally ?
Thanks a lot.
Regards
A1(498A)
amit
24 February 2012 at 15:16
I have just completed 1.5 yrs to my marriage. My wife was left my home 8 months back. During this no contact from both side and no FIR/cases.
During family members meeting I asked my wife to come to my home on my condition. But she denied if front of all parents. She wants divorce. But her father is not agreed for divorce /MCD. He just wish to troubled me.
My in laws are also living in Mumbai…. but different area. He is intended to file all false cases against me. I wish to know. Where he can file police complain ?. His local Police Station or at my area PS.?
If he file cases at his area PS then that PS’s Police try to take action on me or they informed my area PS to do so? Where will they finally locked up me ? I asked this because no one is there in my home to try for Bail. I need to try A Bail my self and need time for the same
I don’t wish her back in my life at all. I have not asked for divorce directly due to apprehension of Police cases.
If he has not filed any case/complain against me. How long should I wait under pressure? Should I file a RCR or Divorce case against her ?
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Petitioner not present after filing ia from my side
wife filed for Annulment on ground of my impotency, and I filed IA for my potency test during evidence stage.
Both parties and advocates were present on all dates until I filed application for my potency test during evidence stage. Since then three dates passed and only her advocate was present from her side. Judge is giving next date without saying anything.
a)So, what should I do?
b)What will happen to my IA for my medical checkup if she remains absent in the forthcoming dates also?
c)Will her annulment petition get dismissed even though her advocate is present but she remains absent in the forthcoming dates also?
d) Will my IA be allowed expartee in such a situation?