Legal Fighter
22 December 2011 at 13:08
Husband filed for divorce, wife opposed by filing W.S., case was at cross-examination of husband and wife moved an application that she doesn't want to oppose divorce proceedings but reserving her right to fight other cases against the husband.
WIFE IS NOT AGREEING FOR MUTUAL DIVORCE AT ANY COST.
Now my query is what should husband do? will it be an ex-parte divorce? Or we need to get all the witnesses examined and then argue. Also what will be effect of this divoce case on other cases (498a, DV Act etc.).
manish
22 December 2011 at 11:47
I need help in locating one judgment titiled jasbir and other V. state and Anr. 142 (2007)- I tried to search on websites (indiankanoon.org) but could not found. This is required for fighting my case in Delh high court as my case appears to be similar to this. The text of this judgement, I could locate in Dalbir Singh vs State & Ors. It reads as down below:
Jasbir and others V. State and Anr. 142(2007) DLT 141, wherein, the parties after settlement Crl.M.C.1852/2011 Page 8 of 13 before the learned Mediator tried to wriggle out of the proceedings arrived at the time of the mediation proceedings. It was held and observed in para 9 of the above said judgment that;
"The settlement was arrive at during mediation proceedings. The Legislature has amended Section 89 of the code of Civil Procedure in the year 2002. There is an all round attempt by the Legislature and Judiciary, as well as the Executive, to promote the settlement of disputes through the process of Mediation. Therefore, once disputes between the parties have been settled by the process of mediation, it would be in the public interest as well as to attach importance to such a process and treat the settlement as a solemn settlement. Otherwise, the movement of mediation may itself suffer if the parties are given to understand that even after they agree for settlement, one of the parties can still back out."
Deepak S Suthar
22 December 2011 at 11:16
Before 9 years My dad was adopted by their uncle who has no son he has five daughter. They execute a will of adoption that time. That all assets of him will be transferred to my dad after their death. But now property values has been increased so they have decided to fired out my dad and they execute a will that all property of my fathers uncle will transferred to his daughters after his death.
My dad has incurring all expences of their living and medical. My dad also beared marige expenses of their one daughter. We constructed a House on their land. now my questions are....
1. If my dad's uncle are agree to transferr (to made registree in the name of my dad) his all property (All property is Immovable Land and Houses) then he acan transfer it ??? His daughter's signatures are required for it??? it his daughter's are not agree but my dad's uncle is agree then How can we register this property ????
2. If we make a adoption deed again then their daughter can challange our ownership after his (My dad's uncle) death? 1.According to custom of our village a Godnama has been made. But if we see according to legal point of view then it is a will (bcz my dad's age was above 15 year(i.e. he was 35 year old when he is adopted)
2. I just want to ask you one thing that the all property is joine between my grandfather and my dad's uncle. If my dad's ungle are agree to transfer their share in the name of my dad.
3.Then How can we do so?
4.His daughter's signature required for this?
5. His daughter can challenge us in future for this transfer?
Anonymous
22 December 2011 at 11:06
what are the procedures for divorce under indian marriage in U.A.E.
Legal Fighter
22 December 2011 at 10:50
Husband filed for divorce, wife opposed by filing W.S., case was at cross-examination of husband and wife moved an application that she doesn't want to oppose divorce proceedings but reserving her right to fight other cases against the husband.
WIFE IS NOT AGREEING FOR MUTUAL CONSENT DIVORCE AT ANY COST!!
Now my query is what should husband do? will it be an ex-parte divorce? Or we need to get all the witnesses examined and then argue. Also what will be effect of this divoce case on other cases (498a, DV Act etc.).
amritpal singh
22 December 2011 at 01:18
hi,
question is hoe do we validate merriege between first cousins.
i.e
father's sister's son &
father's daughter.
in customary law chapter 7 there is aprovisin that u may marry first cousin .
but how we prove in court. is there any case law?
where the bridegroom is a NRI indian.
Anonymous
21 December 2011 at 21:54
is it valid,void,voidable or what.after hma 1955 wat is its value.pls interpret wat does it means before the passing of act 1955 such marriages are deemed valid.does it means after passing 1955 such marriage marriage are void...just a void
waiting for prompt reply
Anonymous
21 December 2011 at 21:35
Sir,
I am mentally and physically tortured by my husband and his family. They sent me to my parent home now Whether I can file a case against my husband and his family from out of matrimonial home city to another city for above act done by them.
Please suggest me.
Thanks
Anonymous
21 December 2011 at 18:25
One my friend 3 months back got married with a Girl, whom he was just friend for few years. Though they were just in talking terms it was not full fledge love. We were looking a suitable match for him since last 1.6 years in he used to visit his native place and was whole heartedly willingly was seeing the matches which their parents used to refer him. Suddenly he told us one day that he got married in Court in Bandra. We tried to call him and also explained him about the match he has chosen and that he will not be able to adjust to her because of his nature & behaviour and other social factors. The process of marriage was carried our as follow.
The girl was converted to Hindu Religion through a priest (Affidavit available with us of the priest).
Girl Changes her name to Hindu Name (Affidavit available with us).
Declaration of Marraige (Affidavit available with us). Marriage Certificate not received yet my friend says it is under process.
I came to Mumbai & with his family along with me explained to him as well as girl about their implication on their family as well on them. My friend was to some extent convinced that they have made mistake hence he was ready to back out of marriage, even Girl was ready partially to back out (But her friends and colleagues influenced her decision not to back out) and her friends threatened my friend with bad consequences (i. e Complaint with police of Cheating and Girl threatening with Suicide& legal action) Hence my friend there on left home for her. It has to be noted the explanation that My friend gave for taking such drastic (getting married) step was that he was feeling lonely and was frustrated, and was also visiting a Psycatrist for this. His mental condition was also not Stable, and was under medication as he was alone and was under treatment for depression. Hence his family members thought it wise not to pressurise him more at that point of time, as he was under depression. Hence they left him in Mumbai to be with her Spouse. The Son never used to call his parents after Marraige which was strange, and parents conditions was totally Worse as they have to face this society with such stigma. But when ever few times they used to call their son he was under depression and used to cry on phone.
Suddenly when his parents visited to Mumbai after 3 months, the son (my friend) inspite of knowing that his parents are in Mumbai not even felt like meeting them, which his parents felt very strange. Hence his mother used to call him, suddenly one day he came to us and we felt he was still under pressure and depression was reflected on his face. We just requested him to visit his place(residence) & home which after many request he agreed to allow us to show where he resides. After visiting his place we felt his behaviour very strange that he was feared of Girl and his behaviour and used to tell us not to discuss any matter related to visiting of him to us and many other family matters, as she was very insecure of our presence.
Few days back he called us an told us that he is not happy with her and want to get separated from her anyhow and to advise him how to proceed. His parents called him to come to them, but he said he can’t come as she will doubt his absence and will threaten him with suicide & running away from home. When we asked him the matter in details, he told us that though she is Good Girl and Takes cares of him, but is always threatening him if he leaves her, or calls his parents, not allows him to send money to his parents or any help or any mutual discussion, or any meeting. He says he cannot carry on this type of life forever insecure & fear. He always has arguments with her; he never has peaceful or sound sleep. He fears to go home. He is also visiting Psychologist & Counsellor, where in the counsellor has also advised him to move away from this relation and get separated for his betterment even i also visited the Psychologist with him and he also told me about his situation and i explained him about his behaviour and past and changes there in. My friend has told me that if the situation carries on the same he may give up his life.... I am just concerned about him.. and about his parents..... The girl is Stub born in nature & Clever but is weak in terms of family back ground. She emotionally blackmails my friend. They are still staying together as he is feared that any hint to her will make her anger or worsening the situation.
I have following queries regarding issue i had discussed above with you. Plz advise thoroughly wat can be done, and legal remedy available with us... he wants divorce anyhow.... as he is continuously living under fear and stress, mental pressure...( He fears to such an extent, that he is unable to come and meet his parents, and says that girls threatens him with suicide). She is very hyper... an controls him thoroughly... he cannot even call his parents when he is at home....
1. Can divorce be granted within 1 year of Marriage?? I have learnt Divorce can be filed after 1 year of marriage.( But i have learnt it can be granted in other cases to within 1 year by High Court)
2. Following are reasons for seeking Divorce.
a. Continuously threatening him with Suicide & running away from Home and responsibility will stand on my brother for her act of disappearance or any Suicide.
b. Constantly suspicious about my brother’s act & behaviour i. e he is communicating with his family and she felts insecure, checking his mobile phones.. Telling him not give money or salary to his family etc...
c. He is taking Psychologist & Counsellors help for resolving this situation and to stabilise his mental situation. ( Mentally he is down with low confidence) Even Psychologist had advise him to go for separation if he is not happy with her..
d. He has been feeling uncomfortable with her behaviour and her threats... unable to have peaceful sleep since last 3 months inspite of us not contacting him or any interference from our end.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Divorce
from 7 month of my perganance my husband has no contact with me i m contacting him in between after delivery he came on 2 day and then after when my child was of 5 month the reason was family problem if i want to take divorce can i take the custody of my child
please answer as early as possible