Anonymous
15 January 2012 at 19:23
Hello Experts,
I've Gone through this below thread.
http://www.lawyersclubindia.com/experts/Time-limit-262591.asp
However, Few things I Have in my Mind I.e.
1) If My wife DV after 1 year, What is the way to Challenge her DV.
2)Can I Approach HC to Quash the DV?
3)Will Court give any Relief If Proved All allegation She is trying to make which itself are false, that is too after 1 year
Regrds
Anonymous
15 January 2012 at 18:12
I have following litigations with wife, from past 2 years:
1) Divorce on cruelty grounds:- from my side
2) DV act:- from her side, afterthought: cud nt get any relief in Sec 23.
She is at her parents place, earning in govt job, child is with me. I got an air that she is having tremendous social pressure at her parents house n may forcibly come here to live with me at my residence. I have office cum residence on rent......my profession wil be spoiled this way besides my divorce case will fall apart. My landlord is dead against writing a rent deed & wants that his premises not be dragged in taking Civil Injunction, if I plan so. O'wise he has no prob wid me.
Now the question is:
In such a divorce pending case, can husband ask for injunction against wife?
Will the apprehension count OR court wants some solid proof of her disturbing me.....to seek injunction?
Kindly guide how to tread....thanx
Sanjeev Kumar
15 January 2012 at 15:55
i am a NRI working in middle east .case at ajmer rajasthan. wife filed divorce on cruelty basis at family court ajmer, rajasthan in oct 2010. previously i had filed RCR in nov 2009 at punjab which she transferred to family court ajmer (thru supreme court). three times summons reached my punjab address but my father did not take it. then came newspaper publication in sept. 2011.
my father filed application in family court in oct 2011 saying the summons delivery is wrong and my son is in middle east.
on 17 nov 2011 family court judge dismissed section 9 and gave orders to initiate ex partee proceedings.
as suggested by lawyer i moved to high court and filed 1. quash/set aside petition under article 226 of constitution against this orderof 17 nov 11.also an application to stay the family court proceedings. the high court did not give stay in 3 hearings but summoned the girl but she did not appear (she changed address and summons not delivered).high court also did not dismiss the petition and it is pending.i have also appealed in high court against the dismissed section 9 by family court judge.
on 5 jan 12 family court judge took statements of girl and father about cruelty.he knew that there is petition pending in high court but as there was no stay he proceeded.my lawyer told me judge will pass ex partee order on 12/1/12.
i was late in action as my lawyer was always saying personal appearance is must in a family court.
i sent a letter on 5/1/12 from me (attested by indian embassy oman)to family court judge that i am trying to get leave but my boss denied it to me and i do not want divorce.
also on 10/1/12 my father filed another application in family court - with heading of - as per natural law of justice- that my son should be given chance to contest and he does not want divorce.also he filed an application to allow him as my lawyer and accept the vakalatnama.
the judge on 12/1/12 said - i was to do divorce today. ok u filed these letters i will read the file. he took file to his chamber and gave next date 1/2/12.my father appeared in person on 12/1/12.
now in preparation of 1/2/12 to stop divorce -
1. i want to file a detailed reply to her divorce petition. but my lawyer is saying he can not do now as his vakalatnama is not yet accepted. IS MY LAWYER RIGHT HERE ? neither the vakalatnama is rejected.
2. can my lawyer file a reply to her divorce petition with vakalatnama in A FAMILY COURT, when i am not appearing in person ?
then what to do to stop divorce on 1/2/12 ?i want to block the divorce until she withdraws 498a.
Member (Account Deleted)
15 January 2012 at 13:18
One of my friend has married under special marriage act in the month of april2011.His wife had applied for nullification under section 25. THe notice he had given to registrar to fix in the noticeboard for thirty days.
1)He has made a mistake in the notice in the occupation field of him and his wife's. 2)will the notice of the intended marraige considered in the case.
3)He was a spoken English faculty but he wrote IELTS faculty,his wife was a student but wrote as computer faculty.
Anonymous
14 January 2012 at 21:52
Hi
I would like to know the procedure to file a Mutual Consent divorce without approaching a lawyer.
As advised by one my friend, Mutual Consent Divorce is possible in 3months time as per new rule, is this true?
I would also like to know how much it would approximately cost appointing a lawyer for this work.
Pls advice.
Thanks
Anonymous
14 January 2012 at 21:23
Dear Sirs,
Let me add that she has issues of sexuality in other words attracted to same gender and is living with a divorced woman in US as a partner though I know this orally and she confirmed. I did meet this lady too when my wife left India.
In all trust I gave her consent for 3 to 6 months(Generally a visitors visa wont allow more stay) as she wanted time to decide on what she wanted to do about the marriage.
This H1 thing is sudden twist and she betrayed my trust though she does not agree.
The affection and other emotional stuff is not helping me practically.
I havent had physical relation ship since 2007 as she was averse to it.
In general, society thinks men are bad and wretched and have no emotions but it is subjective.
I have been waiting in anticipation and went from doctor to doctor to help her as most often homosexuality is related to bad childhood is what scientific research says.
I will be in US in febraury but when I meet her often she gets to be emotional and does not allow me to judge things.
Let me know if anyone of you is based in bangalore sir as I can meet you.
Finally, I have a impeccable track record from a ethical sense and havent got involved in extra martial affairs since I courted my wife before marriage and unable to get out this clutches.
Kindly help me.
Hello All,
I have been married for 11 years which is actually a love marriage sanctified by elders. In the middle of the last 11 years, from 2006, my wife had an abortion because she suddenly felt an sexual orientation change. I have been trying my best to get psychological help and inspite of trying my best, she was unable to get clarity on her sexuality issues and the associated depression and guilt. She had relationships in that direction but was staying with me just to sustain marriage till december 2010 wherein she suddenly found a indian friend in US and went away with the message that she would come back to me in 3 months as she needed some time away however inspite of repeated requests, it has been an year and now asks me to wait till april as she missed her H1 visa interview. An H1 visa virtually means she is not interested in sustaining this marriage however keeps dilly dallying about the relationship and is taking me through emotional lows and highs. Though It is very difficult severe ties with her as I have been waiting in aniticipation, I'm alone and getting old and have social pressure on why im alone etc. Initially everyone was told that she has gone there for temporary reasons etc. I want to approach a family court for navigating further however she is not willing to come to India now and I'm resident in India.
Can we have her meet an attorney in US for a statement on mutual consent? we have had no issues in our marriage as we still have affection for each other however it is taking me or her no where and she is not willing to take next step.
Please guide me
Thanks
Anonymous
14 January 2012 at 20:35
One of my friend has married under special marriage act in the month of april2011.His wife had applied for nullification under section 25.
1)He has made a mistake in the notice in the occupation field of him and his wife's.
2)will the notice of the marriage reffered in the nullification case.
Anonymous
14 January 2012 at 20:18
My friend has filed a divorce & 498A case and has been living seperately from her husband, with her parents along with her two daughters aged 14yrs and 6yrs for the last 5yrs.My first question is if something happens to her can her husband claim the custody of children from her parents?My second question is can it be avoided by writing a will stating the custody of children in favour of her parents or brother,as her husband used to beat and abuse her as well as the elder daughter(younger one was 1yr old when she came to her parents home).Please suggest some remedial measure.
Member (Account Deleted)
14 January 2012 at 19:02
Special Marriage Act 1954
How long will it need to nullify a marriage?
What are the procedures have to face in the court?
Will there be counseling in the nullification case?How many?
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