Anonymous
25 September 2011 at 06:43
I have come across an article about anti-suit injuction a new dimension of martimonal litigation coming in practise in martimonal arena which is the remedy against filing of suits at different jurisdictions in respect of the same cause of action.
A petition preferred in India for restraining an opposing spouse from pursuing or continuing with a complaint of martimonal relief in a Foreign Court would be such an anti-injuction suit in martimaonal matters.
Lack of Jurisdiction, both regarding the corpus of the Hindu marriage and the physical presence of an Indian spouse in the territory abroad, are in the grounds of such suits in India.
My question being is has this type of anti-suit injections being entertained by the Family Courts of India.
Anonymous
24 September 2011 at 21:36
Girl and boy loved each other for years.
They never lived together. No complaint on sexual abuse.
Boy refused to marry.
Girl gives a complaint to the protection officer?
Whether it is maintainable?
How to challenge the proceedings of the protection officer:- Writ or Crl OP?
Any case laws.
Anonymous
24 September 2011 at 17:39
in my divorce case,
previously many meetings over 1) AT RESIDENCE OF A JOURNALIST, IN PRESENCE OF 2 MALES AND 2 FEMALES.
if they are not willing to come to court to tell facts is written statements from them is valid to court or not sir?2)ONE FINAL MEETING WAS AT RESIDENCE OF A SENIOR ADVOCATE.
how to prove to court about meeetings with my wife?
IF SENIOR ADVOCATE IS NOT INTERESTED TO ATTEND HEARING WHAT TO DO SIR?
please advice me sirs
Anonymous
24 September 2011 at 17:28
If a wife files an RCR petition, then if in that petition 2-3 false small/petty cruelty issues are also stated, then are they relevant to be discussed in the court. What if my wife's advocate elaborates on those issues in the court.
Though, my wife wife is having no strong evidences as to the cruelty issues stated in her petition, then will the court hear her complaints regarding cruelty.
After all she has filed an RCR against me and not me that means she is telling the court that my husband is staying away from me and neglecting me without any reasonable cause/excuse. So, are cruelty complaints without evidences relevant to be discussed in the court.
Anonymous
24 September 2011 at 17:26
married in 2006,started marital life in a rented house. after one month with a small quarrel she left me and went to her parents home, after so many requests also from me and from elders also she not came.
1)many times discussions , meetings completed at residence of one
journolist in presence of 2 males and 2 females my wife told that she
dont want to rejoin with me and ready for divorce. now if any 1person
come to court to tell the facts it is good to my case.
2) one last meeting was happend at residence of one senior advocate.
my wife told to that advocate also divorce is her final decision and
demanded money to sign on mutual divorce petition, i asked time to
arrange money then she agreed. after arranging money, now strngely she
is telling dont want divorce and not interested to come to any firther
meeting and that senior advocate is trying to talk by phone, wantedly
she is not lifting phone and simply wasting time, already wasted 5
years time.
now i filed divorce petition on
cruelty and desertion grounds, case numbered and 1st hearing is on 19th oct.
now my doubt is if she try to file a false case to harss me , in
court, infront of judge like
"sir , married me, and after few days he left
me and not coming to lead marital life and now filed for divorce, my
life is spoiled by him",
like this lies how can i defend and how to tell the facts to judge?
because soft corner will there for females in court, so now i have much fear. so please help me with your advices SIRS.
Anonymous
24 September 2011 at 17:20
Hi,
In the case of RCR filed by my wife, if i surrender and request the court to pass the decree in my wife's favour then, if I say so in the very first day of the court hearing, then will the decree be passed on the same day.
I am asking this because I have heard that when an interim maintenance case is filed by the wife then the husband even if not guilty has to pay some maintenance to the wife.
My wife has filed an Interim Maintenance and Legal Expenses petition along with an RCR petition against me.
If I surrender, then I need to pay her maintenance whatever the court decides and legal expenses (25000/-) necessarily. Right?
I have got evidences to prove that I have not told her to leave her matrimonial house. In fact she left her matrimonial house telling me that she would return back in 2-3 days.
The evidences are 2 legal notices sent by me asking her to come back, sms's sent by me, Itemised Bill of my mobile phone proving that i was daily having telephonic conversation with her.
Are these evidences enough? Please suggest any other evidences that would prove my innocence.
Also, if the decree is passed in her favour then too if she doesn't come back, then after 1 year it would be easy for me to get divorce. Right?
pooja
24 September 2011 at 15:55
Dear Sir
Is there any right of daughter in coparcenery in Punjab local laws?
kavkaz
24 September 2011 at 00:35
In a combined RCR and Interim Maintenance case, if the court orders me (Husband) a certain sum of money to be paid as Interim Maintenance, then will the court order my wife to return back to her matrimonial house, if i say that i am ready to take her back.
What if i ask the court to pass the RCR decree in my wife's favour as i am ready to take my wife back home. Will i need to pay any maintenance to her then also.
Can I go for an appeal in High Court if I am not satisfied with the Family Court decision. If Yes, then I have heard that in HC normally for the first hearing date to come, it takes 5 years time from the case reg. date. Is it true?
Anonymous
23 September 2011 at 23:07
My wife has left my house and is staying at her parents house because she wants my salary account to be in Joint name with her.
For this, she fixed my telephonic conversation and face to face meeting with her advocate.
I had a face to face as well as telephonic conversation with her advocate. Her Advocate told me that my wife would come with me at my home only when i jointly share my salary account with her. And that if i agree, then I need to sign a Mutual Understanding agreement. I absolutely refused on this.
Then soon in some days, my wife filed a petition thru the same advocate, for interim maintenance and RCR in family court. In the petition, there is absolutely no mention of the Joint Salry Account issue.
Now I need to prove it to the court that though i was ready to take my wife back, her advocate had blocked me with the unreasonable Joint Account demand.
Though I have an itemised bill, which has got the call details of the call that i made to her advocate, i think i need something more.
I don't have any evidence regarding the face to face meeting but have an itemsied bill with me as an evidence.
Is there any way to prove my conversation with the advocate.
Thanks.
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Apex court decisions regarding marriages dissolved by unforceable foreign decree
Where can I get the Judgments of the Apex court regarding its Judgment of Saraph v. Jayant Saraph (1994) and Y.Narasimha Rao v. Y. Venkata Lakshmi (1991) regading the guidelines for recognition court martimonal judgments to decide when Hindu marriages solemnized in India were said to be dissolved by unforceable foreign decrees.