Imtiyaz Hussain
21 July 2018 at 21:38
Dear Experts,
There is a case pending before the Hon'ble District court at New Delhi for 4 years and I am on behalf of respondent wife. The petition for declaration of dissolution of marriage under Muslim Law, 1939 has been filed by petitioner husband stating that he has given instant triple talaq in 2014. Now the judgement of Sharya Bano vs. UOI has came last year which held that the instant triple talaq is unconstitutional.
So, my question is can I file an application of dismissal/rejection of petition on the ground that such a petition is voidable on the ground that such practice is held illegal, unconstitutional, and in violation of Articles 14 of Constitution?
Plz revert ASAP.
Thanks
N M Ramakoti
20 July 2018 at 16:15
My father died intestate. He held a vacant plot (sold by the Tamil Nadu Housing Board to the first owner, my father) in clean title under his name. I've acquired the legal heirship certificate mentioning me, my brother, my mother and my grandmother as rightful heirs. My father's brothers control my grandmother and they are posing me some trouble when I try to release/settle her share in the property.
Now my doubt is regarding an alternate solution. What will happen after my grandmother dies? Will I be able to transfer it to my name with the consent of the remaining legal heirs and my grandmother's death certificate alone? Or will the legal heirs of my grandmother (i.e., my father's brothers) inherit her right of share in the property after her death?
Ganga
20 July 2018 at 14:17
My husband has been harassing me and beating me hence i have filed a DVA case. I have not asked for divorce but have filed for maintenance. After marriage we were staying in a rented flat as the native house if far from our work place. I am from Goa. since last one year after i filed an FIR against him for beating me my husband has left the rented flat and is living with his parents. We have been married for 5 years and we have one son who is 4 years old. My husband from the beginning has never been there for me neither our child. He was only after his parents and niece. He has a sister who has left her husband and is residing in her parents house along with her daughter. His sister and mother had also been ill treating me and my husband took unnecessary doubts on me on his own assumptions and tortured me. He was never contributing anything towards the child's expenses nor mine. The rent was also paid by me. Now he has been asking for the child's custody from court by declaring that i am incompetent to look after my child. Its been a year since he has moved out of the flat and he has just made an attempt to meet his child 3-4 times. He has been enjoying his life outside. He also had relations with other women. can you help me with regards to my child's sole custody to be given to me? I have been doing everything by my self for my child, his education, health, clothing everything.can he get the custody through court?
Kumar......
19 July 2018 at 23:48
question to all learned and experienced advocates. if a man abandons his wife, police will catch him and put him in jail under various women favoring laws. what if wife abandons her husband what laws can be used against such wife ? what punishment can be given to such wife ?
Anonymous
19 July 2018 at 18:54
Two months back I was forced into registering marriage. Although ceremonial marriage didn't happen fake invite card etc were submitted to register marriage under hindu act. I was emotionally disturbed and was under therapy at the time. I realised my mistake and consulted my family to solve this. Ever since the registration we have been living in seperate cities and the marriage is not consummated. Is it possible to annul the marriage?
How can I provide evidence that I was theatened and forced at that time? Does witness testimony (my flatmates) count? Also does therapy count as mentally disturbed? Plus is it possible to fight the case from the angle that ceremonial marriage never happened? Are these grounds enough for annulment? How long will it take and what is the process?
dilip
19 July 2018 at 13:21
I have received the judgement copy and decree for the mutual divorce applied for, however i have received 3 copies and all of them are true copy, none of them is original. Where do i get the original copy of the decree ? Also in the decree it is just the order that marriage is dissolved and consent terms. Where do i get the original copies as it is stated that if original is not collected then it will be destroyed. ?
Chand Singhania
19 July 2018 at 12:27
Is it mandatory for both the parties to be present in court on the day of decree to be given for contested divorce. Last day judge heard from both parties and both of the party agreed to all terms.
Due to time constraint last day i.e 29.06.2018, judge could not give the decree and given a next date of 26.07.2018.
On this 26.07.2018, is it necessary for both bride and groom party to be present?? Or the judge will give the decree if the lawyers of both parties be present??
swethadam
19 July 2018 at 09:23
Hello experts my self swethadam,basically am from adilabad but we settled in hyderabad since 10 years.3 years ago i got married my husband lives in USA after marriage he went to USA..til now he did not procesed for me to take with him.now he is not talking to me properly. I dont know his USA addres.his parents lives in india.can i file a criminal case against his parents becoz i have no other chance to get him.even his parents also not talking with me.please suggest correct process
Anonymous
18 July 2018 at 21:45
Hi All,
I am about to file divorce case in court. I want to travel to foreign for official purpose for few months. Will my visa b denied in case my divorce proceedings are in court? Do I need to take any permission from court to travel out of country? My visit is not expected to be more than 3-6 Months.
Thanks
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Dismissal of divorce petition
Dear Experts,
There is a case pending before the Hon'ble District court at New Delhi for 4 years and I am on behalf of respondent wife. The petition for declaration of dissolution of marriage under Muslim Law, 1939 has been filed by petitioner husband stating that he has given instant triple talaq in 2014. Now the judgement of Sharya Bano vs. UOI has came last year which held that the instant triple talaq is unconstitutional.
So, my question is can I file an application of dismissal/rejection of petition on the ground that such a petition is voidable on the ground that such practice is held illegal, unconstitutional, and in violation of Articles 14 of Constitution?
Plz revert ASAP. Thanks