M.Susairaj
30 January 2012 at 15:51
Dear experts
A divorce petition has been NOT PRESSED.
We want to make fresh petition again on the same cause of action? Is this fresh petition maintainable? If yes, can you give me some citation or reference? If not, why?
What will happen to the petition that is NOT PRESSED?
what is the difference between a petition that is NOT PRESSED and the petition that is WITHDRAWN?
Kindly advise me on the above
Anonymous
30 January 2012 at 11:13
has d husband got d right to ask to return part of alimony given for procreation of child,wen divorcee wife want to get marry by giving her child in adoption to other
Anonymous
30 January 2012 at 10:17
Dear Experts,
i seek your guidance for a tactful approach to persuade my wife for a mutual divorce. We are married for past 4 years in church. My wife and my inlaws were not financially sound from the beginning. In fact my wife was pregnant with our child before our marrige and I voluntered to get married inspite of all resistence from my side of the family. We got married and from that time onwards I have been supporting my inlaws in all their financial needs from time to time. In the last 4 years I have never felt important in this relationship and I feel like an ATM. her family is regularly in our house and stays there. I have never been loved and given the due importance that i was entitled to as the husband of the house. In the last 4 years I have spent almost 4 lacs on her family for various reasons and currently have a loan of 4 lacs under my name taken for their use. Now I am fed of being used and want to get out of this. I tried speaking to her but she is adamant that she will never divorce me. She has however agreed for a physical seperation. She says that we may live seperate all my life but she will never give me a divorce. I feel this is another of her tactics to get the house and other property of my father and for a secure life in the future. She is working and earns around 28 K per month.
Please advice what can i do to put up a effective and valid case for a divorce.
Can i move out of the house and stay alone for sometime and then send a notice for divorce?
GANGAM.RAJENDER.
29 January 2012 at 21:19
my frind married one sheduled tribe caste lady.they have one child (baby).what caste they have to mention for children education.my opinion is that inter-caste childrens caste should be named as "INDIAN-CASTE".INDIAN government should encourage inter-caste marriages and mention there caste as"INDIAN CASTE".GOVT should give special benifits for "indian-caste" childrens in govt jobs .IS THERE ANY RIGHT TO FIGHT SPECIAL QUOTA FOR JOBS AND ANY BENIFITS FOR THESE indian childrens.india law has any support for this type of people.pls give me solution for this problem.
Anonymous
29 January 2012 at 21:19
Hi all,
My husband has applied for a RCR.
Our marriage was a very emotionally abusive one and my husband is a habitual liar and so i do not want to go back.
My husband and his relatives are throwing faulty accusations against me and my family ( like me threatening to beat him up , not allowing to meet our child ,my parents threatening them up etc etc ) . Even the RCR notice which they sent is completely baseless and faulty.unfortunately almost all of the accusations are cooked up and baseless.
I am unclear as to what his intentions are for applying a RCR as i am ready to give him a divorce and i do not need any maintenance for me or our child. All i want him is to leave us in peace. I am also ready for unlimited visitation rights as long as he meets our child with me around.
I would like to know how to prove emotional abuse and how to prove that my husband's accusations against me and my family are wrong ? I was too foolish and do not have any evidence against any of the abuses . i never thought about those as i never had the slightest idea of moving out until recently when things were moving worser and worser.
I would like to know how evidences and proofs are considered in general for family cases ?
will the judge allow a truth detector test or anything of that sort ?
Anonymous
29 January 2012 at 21:00
What is the actual procedure for converting divorce petition into mutual divorce petition? Somewhere I've read that there is no way to covert divorce petition into mutual petition directly, and the actual practice consists of closing the divorce petition on compromising terms first, and then file for mutual divorce afresh. So, both parties can not use the previous notices sent by opposite parties as a ground/base of a fresh divorce petition if mutual divorce fails due to withdrawal of consent. is it right?
Anonymous
29 January 2012 at 19:19
I would like to know how much rights does wife have on property of husband? If she has substancial Amount of rights than how can it be secured so that during divorce assets are not disturbed.
(Considering no kids from the husband wife relation)
1) I read somewhere that wife has rights on property of husband but she can use it rather than own it. Is it true?
2) by gifting property to father, Does law allow wife to seek property of husband?
3)During Divorce how finacial support to wife are evaluated?
4)I have appointed my mom dad as the nominee in all the investment fund and insurance funds. will law allow wife to seek share of the investment even though she is not the nominee?
as wife is not respecting my mom dad, I wish that wife dont get single penny out of this marriage.
Anonymous
29 January 2012 at 18:59
How a petition u/s 125 of CrPC can be accepted which –
(i) Has no verification page.
(ii) Which has the page for AFFIDAVIT but it is neither signed by the complainant/petitioner nor has signature/seal of the advocate’s clerk as mentioned on the page of AFFIDAVIT.
(iii) The petition is only signed by the complainant/petitioner on each page of the petition except the page of AFFIDATVIT.
Suggestion Please!!!
Anonymous
29 January 2012 at 18:44
2yrs ago, an advocate was hired by me for HMA Sec9. Obviously I shared my necessary case secrets n manipulations with him, he knew week points of me & my family too as I trusted him like a normal client!
Meanwhile, I withdrew my case after 6 months. Further, after a gap of approx 1 year, I filed HMA 13(1) against wife & hired a new senior advocate. The previous advo. was lured by the opposite gang & he is now fighting from the wife's side thus troubling me a lot.
My question is about BAR-ETHICS. If somebody has acted as advocate for PartyA against PartyB, can he switch loyalties? Do some BAR-ETHICS prevent him from doing so?
Are there any methods 4 me to punish him?
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Interim maintenance!
In a maintenance case u/s 125 of CrPC in family court–
- What are those minimum ingredients, the complainant/Petitioner (Wife) has to place before the court to get the order of “Interim maintenance” in her favor?
Any Historical Judgment which can be used as "WEAPON" to prevent any interim relief to the wife whose hands are not clear (I mean tainted) before arrival to the COURT?