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Anonymous   30 August 2011 at 16:11

Declaration suit against remarriage

A (Woman) got divorce from B (man) in March 2004 on the ground of nullity as B was impotent. The decree was ex-parte because B’s defence was struck off as he has not paid the maintenance amount to A ordered by the trial court. B filed an appeal in high court against ex-parte decree in April 2004 which was admitted in Feb 2008. The appeal was admitted only after B paid the full maintenance amount to A in Dec 2007. A did not received any summon or notice of the appeal as it was never served, however she received a summon in Nov 2004 on stay application filed by B against execution filed by A. The appeal got dismissed in Jan 2009 in default and restored in April 2009. Again appeal got dismissed in default and for non prosecution in March 2011 and then again restored in April 2011. the same is pending for final hearing in high court.
In the meanwhile A got remarried to X in Jan 2005. a child is born out of this wedlock. But, B filed an declaration suit in September 2010 in civil court for declaring marriage between A and X null and void on the ground of marrying again during pendency of appeal. The suit was dismissed in march 2011 as non maintainable on these two grounds: 1) the decree has not yet set asided, 2) the decision of high court will have precedence over findings of civil court. B filed an application for review of the said orders of civil court. Now the matter is pending for arguments.
Please advise/guide me (A):
(1) Is marriage between A and X is valid or invalid and why?
(2) Can B at this stage challenge the marriage of A and X?
(3) As per HMA, after divorce a person can marry again after 90 days, and I (A) have not received any summon or notice in that period, moreover the appeal is admitted only in Feb 2008.
(4) Is filing appeal in itself a stay against remarriage?
(5) When an appeal is termed as pending, when it is filed or when it is admitted?
(6) The limitation period for filing the declaration suit?

Anonymous   30 August 2011 at 15:28

Need a lawyer : family xpert

Need a genuine and trustworthy lawyer who is expert in family / Divorce / Maintenance cases from Pune, Maharashtra.

Anonymous   30 August 2011 at 14:48

Need a lawyer

Please suggest a lawyer to prepare a living trust in chennai

rohit   30 August 2011 at 11:30

Divorce issue

Dear Experts,

In this case, two couples got married as per christian tradition in year 2002 and their marraige was registered in church records. they have one girl child of 9-10 yrs old. 4-5 years back, man suddenly gets disappeared and left her wife & daugther alone. he was not doing any work and sitting idle in home and gets irritate when lady asked him to go for some work. Now, this lady wants divorce from this guy and living happiliy with her daugther and doing job. Can this lady can take divorce from this guy. please reply

Ashoke   29 August 2011 at 22:51

Need legal suggestion because of my cruel wife

Dear Sir/Madam,

Me and my wife is from Orissa.
We are belongs to same religion and cast.
Our's was purely arranged marriage.
We got marray on Feb 2010. i.e. till now it shall be 1 year 6 month.

I am working in Bangalore in a MNC as Senior engineer since 3 and half years.
Before marriage my wife was working in Orissa since 3 years.

My qualification is MCA and my wife's is correspondence MBA.

I am 32 years old and my wife is 29 years old.

SUMMARY OF 1 YEAR AND 6 MONTHS OF MARRIAGE.
===========================================
After marriage,
1) 15 days in my native place.
2) She stayed 15 in her native place.
3) we stayed together in Bangalore for 4 months alone.
During this stay she mentally tourtured me. (Because her mother mind washed her to capture me as whole)
I slapped her once at the end of 4 months
We both went to native for my mother's ritual.
Their parents brought police to my home in native for tortore and police told to settel the matter outside.
Their parents brought her to their home.
4) She stayed for 8 months in her parents home.
5) She was doing job over their without my knowledge.
6) A dicussion was happend among their family members and ours regarding this which they wants to happen.
7) At that time all the matters as favour of us.
8) Shen again came back and we both and my father stated in Bangalore for 2 months.
9) Still her mother mind washed her. So little bit quarrel happed.
10) One day my wife drank surgical spirit from our fist-aid box and tried to do suicide. (I guessed it was suggested by her

mother. Because she knows my father was there and she can be immediately admiteed to hospital. And was also drinking very

less amount of spirit.)
11) Again Bangalore police came to hospital as the process, told to settle it down in home.
12) Their parents came to Bangalore which was also planned i know, and take her to Orissa to their home from hospital.
13) She was therir since 1 month.
14) She was now talking all the false things to me and others which was not happned at all.
15) We bothe are taling everyday, but she is forcing me to take her back to Bangaore and do the agrrement to keep her happy.

POINTS TO BE NOTE
=================
1) Me and other peoples who involved in discussion were knew that their patents having bad mentallity.
2) My wife believes their parent more than anybody in the world.
3) My wife is a big lier i have ever seen.
4) I am guessing she has some mentally unstability problem.
5) She don't have any family values and sence of taling with me.
6) Two times i faced police because of her, but she told to police not to arrest.
7) She is waring me to do legal case if i didn't sign legal aggrement and take her back to Bangalore.
8) She is also don't agree for mutual divorce also.

Kindly suggest me what to do. Each and every moment I was in affraid of being arrest.
I shall be happy to stay alone in life because i was brought up from boarding school.
But i want to be freed, not bind by any legal things.

QUESTIONS
=========
1) How can i tackle my wife, so that she shall not put any case against me?
2) If she put any case, i don't want to go to jail (may be anticipactory bail).
3) I am ready to attend hearings in court in Orissa, but want to continue my job in Bangalore.
2) I also don't want her back, because she is dangerous to me now and even shall be in future if she come back to me.

upasna   29 August 2011 at 22:27

Attempt to murder???

Dear all

the daughter files a false complaint of attempt to murder under DV.what should be the
plan of action by our family.She has filed a lot of serious allegations?

Anonymous   29 August 2011 at 22:14

Marraige act

if an forigner is on tourist visa and she wants to marry an indian then does she can follow the special marraige act 1954 and wheather she will be called as an indian national or else she wil have to stay on visa basis , if its on visa basis then to what extend she can stay?

Anonymous   29 August 2011 at 11:38

Registration of a marriage

My siter in law is a Hindu divorcee, now wants to marry a Muslim, who is already married with three children. I have the folowing questions in this regard.
1. Whether her marriage would be legal?
2. Under which religion would the marriage be apt?
3. What is the proceedure if she opts for a registered marriage?
4. What are the implications of the registered marriage?
5. What would happen to her properties she inherits from my Husband's family, as she has no children in her previous marriage.
Thanks in advance,
regards,
p.sushamarajan

Anonymous   29 August 2011 at 10:14

Dvc

Sirs,
Thank you all for answering my queries now and then.Here, I would like to ask another query.The only respondent in this case is my son-in-law,who is in USA.Can his appearance be dispensed with in court.Can his counsel represent on his behalf? According to section 205(1)CrPc.Please let me know as to what the Hon'ble Court will decide on the matter.
With warm regards.

Anonymous   29 August 2011 at 09:28

Child visitation

Is Non custodial parent allowed to use physcial force during the child visit and force to talk to her. Child is girl child and 8 year old.

Also at what age legally in india child has right to refuse to meet the non custodial parent if he /she dont wish to.

Regards