Anonymous
09 August 2011 at 21:12
Dear expert - need help to solve this -
Q1- B the boy (7 years aged) and G the girl (6 years aged) gets married through there parents consents(child marriage),later on after 10 years of such marriage the boy feel's that he is in love with some one else, now he wants to get divorce/nullified the marriage, but the girl don't want the same. plz tell me how's he can do so?
(A) If u suggest U/S 12(1)B - no it's not applicable b'cos B apply only when consent U/S 5(ii), party gives consent is not in position to gives a valid consent due to unsoundness of mind, mental disorder, attacks of insanity.
(B) If u suggest U/S 12(1)C - not apply, it's applicable only when consent gets through force or fraud.
(C) If u suggest U/S 13(2)iv - is not applicable b'cos it is only for wife.
Anonymous
09 August 2011 at 19:54
Dear Sir,
My wife got married in 2000 jan with other guy..and they maintained secrecy abt the first marrg.and i found the documents one fine day abt all these..and they hv hidden the documents (marrg certificate and divorce copy,and they got divorced in 2004..
and i married with my wife in nov 2003..
inbetween the marrg and divorce i got married with my wife..so how can i get those documents again and to file up a acase on them...
PRAVIN
09 August 2011 at 10:07
DEAR EXPERT,
MY FATHER HAS TWO WIFES. MY MOTHER IS SECOND ONE. MY FATHER WAS STATE GOVT EMPLOYEE. LAST YEAR MY FATHER DIED.
CAN MY MOTHER i.e. SECOND WIFE GET RIGHT IN MY FATHERS PENSION?
NOW PENSION IS ON MY STEPMOTHERS NAME.
PLZ GUIDE
Anonymous
08 August 2011 at 23:07
Dear All,
Wife does not want to have married relations with husband. She is not coming forward to consummate marriage for kid. Basically she has no interest in married life. Bed room of husband and wife is different in same house because wife do not allow husband to sleep with her. Husband has tried all efforts to counsel wife through her parents, friends. She is not willing to go to professional counseling also. She is not willing to give divorce also.
Husband wants to save the marriage, if wife changes her attitude. Is there any way married counseling is done by family courts though notice ? Can husband file RCR for counseling or RCR for wife’ s such behavior . Husband is dragging the marriage from last 4 years with hope it will change, but things are not changing
Pl. help what he should do
Rajesh
08 August 2011 at 18:36
Dear Sir,
Almost 3 year has been passed for my marriage and some jewellery is with my wife which is prepared at the time of marriage and rest is with me but now my wife asked all jewellery which is with me and she want to keep all jewellery with her only and we have some dispute between me and wife also so due to that reason i want to take precaution to avoid any allegation in future so please suggest any legal way for giving the same to her.
Nitin Gupta
08 August 2011 at 17:43
A (Woman) got married to B (Man)in July 2000. A files divorce petition within one year on the ground of nullity (due to impotency of B). She got decree of divorce on 15.03.2004 (Ex-party) from District court. B files appeal against the decree (ex-party) in High Court on 19.04.2004. But no notice or summon was ever issued of this appeal to A. However, a summon was received by A on 18.11.2004 for an application move by B for stay against execution filed by A for payment of Maintenance ordered by lower court. A got remarried on 30.01.2005. The appeal was admitted in Jan 2008 after B had paid the full amount of maintenance to A. The appeal got dismissed in Jan 2009 in default. B moved an application for restoration of appeal and same was allowed in Aug 2009. The appeal again got dismissed on 03.03.2011 in default and for non prosecution. B again moved an application for restoration, the same was allowed again in May 2011 but with the penalty of Rs 5000. Now, the case is listed for final hearing.
It is requested to advise and pls clarify:
(a) What is the time period for appeal against decree of divorce in HC under HMA,
(b) The waiting period after divorce for remarriage,
(c) Is filing appeal in itself is a stay against remarriage,
(d) What will be the future of A, who is remarried and living happily for about 6 and a half year with a child born out of this wedlock?
Anonymous
08 August 2011 at 16:01
Dear All,
what is procedure of transfer of case from one state to other in family matter?
We have applied for set aside order & we got number, so can we immidiately apply for state transfer in suprime court or after set aside the order?
Thanks in advance for your reply.
sandeep sangwan
08 August 2011 at 15:26
Dear expert, i had a query in my mind -
*B the boy (of 7 years aged) and G the girl (of 6 years aged) gets married through there parents consents(child marriage),later on after 10 years of such marriage the boy feel's that he is in love with some one else, now he wants to get divorce/nullified the marriage, but the girl don't want the same. plz tell me how's he can do so.
*If u suggest U/S 12(1)B - no it's not applicable b'cos B apply only when consent U/S 5(ii), party gives consent is not in position to gives a valid consent due to unsoundness of mind, mental disorder, attacks of insanity.
*If u suggest U/S 12(1)C - not apply, it's applicable only when consent gets through force or fraud.
*If u suggest U/S 13(2)iv - is not applicable b'cos it is only for wife.
* OR there is no such provision for Husband(man) in the act. Plz help me to solve this.
*Is there is any provision under which any party in such kind of marriage get divorce, with in 2 years after attaining the majority.
sandeep sangwan
08 August 2011 at 15:22
Dear expert, i had a query in my mind -
*B the boy (of 7 years aged) and G the girl (of 6 years aged) gets married through there parents consents(child marriage),later on after 10 years of such marriage the boy feel's that he is in love with some one else, now he wants to get divorce/nullified the marriage, but the girl don't want the same. plz tell me how's he can do so.
*If u suggest U/S 12(1)B,C - no it's not applicable b'cos B apply only when consent U/S 5(ii), party gives consent is not in position to gives a valid consent due to unsoundness of mind, mental disorder, attacks of insanity.
*If u suggest U/S 13(2)iv - is not applicable b'cos it is only for wife.
* OR there is no such provision for Husband(man) in the act. Plz help me to solve this.
*Is there is any provision under which any party in such kind of marriage get divorce, with in 2 years after attaining the majority.
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Partition agreement
Youngest & forth unmarried son, living separate out of home, due to unfavourable behavior at joint home of parents & three elder married brothers - living separate within home portions, requested for partition & parents decision to live along with him or not out of home,
at the family meeting,
(1)father decided not to live along with 4th son & mother decided to live along with 4th son,
(2) 4th son demanded nothing in partition in terms of money n wealth
& father also denied to give anything
now the 4th son is happy with the decisions and wants this in written, so that in future,father n brothers cant allege that they gave anything,
please suggest how this agreement can be sought to be registered as a legal proof,
(whether it can be affidavit from father & brothers, or partition agreement on non judicial stamp paper, or registration at tehsil)