Anonymous
08 December 2011 at 21:37
I would like to get the guidance in my case, we got married in Arya Samaj without the consent of our parents and our parents were not present during our marriage ceremony. We have got the registration marriage certificate for the same
After our marriage my wife parents came to my house and requested us to come at their native place for reception. We went there along with my family and attended the reception and after that my wife parents registered that function day as marriage day at their native place. Now, I have two marriage certificates for marrying with the same girl.
6 months back we both had filled the consent divorce (13B) at the place where we both are working. After few months she filled the 498A against me in her native place and I took the Anticipatory bail to save myself from arrest.
Now my lawyer is suggesting me to take back my consent from the petition filed for mutual consent divorce. This is a very confused state; I am unable to find me to take the right decision at this moment.
Anonymous
08 December 2011 at 21:31
Is there any judgement in 125 crpc which says no maintenance to wife educated also & able to income?
Please provide me.
Thanks
Anonymous
08 December 2011 at 20:02
My Father and Mother are having a Fixed Account in Bank. They had not mentioned any 'Nominee' yet in the Bank records. We are two brothers and two sisters. My Father is alive and mother is also alive. All brothers and sisters are alive. Who will be the Legal Heir's to receive the Amount if my Father dies?
Anonymous
08 December 2011 at 18:22
my wife had applied for assistance of lawyer in a case of divorce in family court. i do not want involvement of lawyer in court. As per provisions of Section 13 of FAMILY COURTS ACT, 1984:
13. Right to legal representation:
Notwithstanding anything contained in any law, no party to a suit or proceeding before a Family Court shall be entitled, as of right, to be represented by a legal practitioner.
PROVIDED that if the Family Court considers it necessary in the interest of justice, it may seek the assistance of a legal expert as amicus curiae.
Inspite of this provision can a lawyer be allowed by judge?
Please suggest grounds on which lawyers involvement can be restricted. If any citation please provide it.
Thanks.
Anonymous
08 December 2011 at 17:39
THAPAR & ASSOCIATES LAW FIRM (Divorce Lawyers)
We take great pride in introducing ourselves as the first exclusive divorce law firm in India
We value great importance to the institution of marriage and thus do every bit to see that the sacred
institution of marriage can be saved. But, such approach doesn’t mean that we encourage the party
to bear the animosity and hatred towards each other and yet live under one roof.
We sincerely believe in the concept that the dead and rotten marriages
should also be legally dissolved.
Thanking you,Yours truly
Advocate Mukta Thapar
THAPAR & ASSOCIATES LAW FIRM
Email:- muktaone@ymail.com
Mobile:- + 91 96191 76351
http://divorcelawyers.webs.com/
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Member (Account Deleted)
08 December 2011 at 17:29
Dear experts pls reply.
If my wife says that we did not consummate then how can I prove that.I have only some photos taken in my room.I truly say we have consummated even before marriage (Two years consummate) but it was secret pls suggest me how to prove.Is there possibility of medical checkup.her parents may say her not to say.She is with her parents so they may ask her not to say about it so pls advice how to prove it..............
Anonymous
08 December 2011 at 16:10
My husband has applied for divorce and he deserted me. Can i claim the amount for my expenses for this case? (under 26HMa or any other) . Note: I am workin women.
Anonymous
08 December 2011 at 15:49
Being pressurized by my family emotionally i hv to do marriage. my marrigae was done on 19/05/2011 in chhpra, bihar. i am nt living with my wife since then. i dnt wnt to stay wid her anymore i wnt a divorce but she is nt ready. as dis marrige was done against my will. many times i requested to my wife for divorce but she is nt ready. her fmly threating me for 498 case n presurizing me to live wid her but i wnt a divorce any how. please help me in this regard how can i get divorce wid what are the steps to be taken.
Manav Kalia
08 December 2011 at 04:27
498a as described in penal code: “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The offence is Cognizable, non-compoundable and non- bailable." Now I had posted this question about why can't MIL file a case against DIL. Since the DIL is a relative of MIL's husband. The argument that DIL cannot harass MIL for dowry, is not valid, as 498a by definition is not dowry specific as given in the definition above. There are many other acceptable forms of cruelty that are non dowry related. But the generally accepted view among lawyers is only wife or DIL can file 498a. But the definition does not mention wife, DIL or dowry at all. Then why is this massive inconsistency there? Is this a badly worded law, or is the Indian legal system very flawed, or am I missing something from the picture completely. Since I asked the same in general forum, yet could not get any concretely satisfactory explanation there. I am asking this to the experts in law over here hoping some esteemed luminary of LCI must be able to shed light on the matter. Thanks in advance.... :-) This might seem a very redundant question, but the implications are enormous, if even one court in India allows a 498a case against DIL or wife by MIL, going purely by the very definition of the law, then I am sure ninety percent of the false 498a cases will be withdrawn soon after. It might not happen ever, but raises an interesting argument in the higher courts by MIL accused under 498a, that accuser culpable of same offense under same section as accused. For right now it seems to be an unassailable weapon in the hands of the wife / DIL. Which is harming Indian family life beyond repair. Please comment..
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Family law
My question is regarding Family court Act 1984, Is it true that irrespective of religion one can file declaratory suit in family court for matrimonial related issues under any law for the time being in force in respect of suits and proceedings of the nature referred to in the explanation
Or is there any provision for hindus & non-hindus.I request you all to please advice.
Thank you all.