aruna tondon
22 April 2011 at 14:30
Good day, all
i am junior i have a doubt .........
is it possible to file a divorce petition before one year of marriage i.e. just marriage after 8 months. please send me reply
Anonymous
22 April 2011 at 14:15
is it possible to file divorcepetition before one year (i.e 8 months completed )
Anonymous
22 April 2011 at 10:34
I know it is difficult to go against Bombay High Court. But because of mistake of B.H.C. i am suffering. Details about my case- I got mutual divorce from my wife after paying big amount to her. But after getting money she made appeal against Decree of divorce by mutual consent in Bombay high court on the ground that 6 months waiting period waived. (I originally filed case under 12 B for Nullity of marriage & after 11 months, girl agreed for Mutual divorce, so case of 12 B converted to 13 B, and decree of divorce by mutual consent passed on same day by Sr. Division court of Pune) Bombay High Court - have gave stamp no. & further First appeal no. for case. Case was heard by 5 judges.... continued for about 1 year.. but 6th judge gave decision that again go back to District Court of Pune, as decree passed by Sr. Division court, Pune. Judge just ignored harassment made by wife. He ignored that wife haven\'t withdrawn filled false cases against me. (as per affidavit)She is enjoying money taken from me & miss using that money to harass me by filling other false cases & appeals against me. Now I have to fight case at Dist. Court & after that, again party will appeal in Bomaby High court... again I will have to fight case in B.H.C. I belong to middle class family, earning only 10,000 / month & have to spent it on lawyers fee for 4 cases which wife have filled. So i like to know where I can ask for justice against B.H.C. order?
el ray
22 April 2011 at 08:36
Hi, I was married to this person in 2000 in USA (court registered only) we had some differences and decided to go for mutual concent, my questions are:-
1) we both has to be present for the final hearing (i cant go to that city as having life treat from her) are there any chance of me not going over there and getting final degree?
2) what if she doesnt show up on the hearing date, with or with out any informaiton to the court
3) what if she went out of country?
4) can i go for 2nd marriage not? ( final hearing is on June 6th 2011) if not what happens if i get married?
and finally
5) our marriage happend in USA can we actually register the mutual consent in India?
In one of the reply on LCI, I have read that in case of mutual consent divorce no appeal can be filed. In case of contested divorce, which afterwards converted into mutual consent divorce, suppose one of the prtitioner withdraw his/her consent, in this case appeal can be filed?
Anonymous
22 April 2011 at 01:10
In our case Mediator is appointed. Mediator first will call Petitioner than Respondent and lasle both Petitioner and Respondent together. I want all the process to be recorded? Can I do so? To whom shold I request for recording?
Anonymous
22 April 2011 at 00:38
What is execution petition?
Order was issued by trail court family court judge as 'pendant lite and costs as per sec 24 of HMA act' to wife.
Wife's lawyer stalled proceedings on the next date saying that husband hasn't paid a single rupee.
Family court judge verbally told husband's lawyer that unless husband pays money, he won't look at any application filed by husband.
And thus Husband was made to all arrears of five months to that date.
Husband then applied to same family Court judge to kindly grant 'stay of payment for some time' called as stay of execution.
Reasons of stay:-
1. Husband wants to challenge it in High Court.
2. Husband's small scale business had suffered a loss due to mishap to worker and fire and it is stopped due to legal and police enquiry and license for gas cylinder etc etc etc. All happened suddenly and He is currently under huge debt, rent etc. There is severe financial hardship.
3. Wife is earning and employed in a private job. And not much loss to wife is payment is postponed for a few months.
Due to above he hasn't finally challenged pendant lite order in High Court.
But Lawyer at least filed review to same trial court and 'condonation of delay', due to above exigency. it is passed.
Husband does not want wife to take advantage of his current hardships and prefers to have some respite in difficult time.
On the Application of 'stay of payment' by husband, wife's response says that there has been no written application yet by wife for execution of maintenance,
And hence the application for 'stay of execution' has not legal standing.
IS wife's defense correct???
Then why the judge verbally compelled the husband to pay all arrears???
He kept of paying for almost two month after paying arrears as above, and she took that money from court.
Lawyer says, for stay husband may be asked to pay some security money at court, which won't be given to wife, and review argument will also get over in two dates.
Wasn't above arrears payment and monthly payments treated as security by Court?
Isn't it absurd that, unless execution petition is filed, husband is not supposed/expected to pay?
Is it a mistake by husband to pay before execution petition, and only over judge's verbal instructions?
Then under which rules and powers court made the husband to pay arrears and two months maints, if there wasn't any petition for execution by wife (I think he was referring to some darkhast)
On what rules did wife's lawyer stalled the proceedings to continue that day? Was it not called an 'indirect execution prayer' by wife?
Now if court asks additional money for 'security' it would be really cumbersome for husband, as he is already saving his face from many creditors due to exigency.
Pls comment urgently. Thanks.
Husband wants to stay the payment. Will he be sent to jail or his other things attached? It will a additional trouble to him.
Anonymous
21 April 2011 at 19:36
Dear Sir/Madam,
Due the reason of bridegroom demands extra dowry after engagement. At that situation bride family goes to cancelled the marriage.
Now, he(bridegroom) issue the Lawyer Notice the bride father.
Please saggus me, What can i do.
Vignesh
21 April 2011 at 18:35
My uncle passed away recently, since he is an Hindu unmarried man and myself and my mom is dependent on him, my family (his brother&sister) decided to make me Legal Heir of him under "The Hindu Succession Act, 1956, ( SCHEDULE, CLASS II [IV2] "
When i approached Chengalpattu Tahsildar, she said she have no power to issue Legal Hire certificates to indirect relationship (Sister's Son) and asked me to approach Court, but the above act say Tahsildar have all power to issue certificates to Sister's Son when there is no disputes (in my case there is no disputes).
Since my Family members agreed and not raised any problem regrading Legal heir, why Tahsildar forwarding me to Court. Do advice & suggest me of what i can do legally.
Want Divorce.
Hi All,
I have done a marriage 6 year ago. It was an arrange marriage.The girl is residing in Jaunpur and I am residing in Gurgaon(Haryana). In last 6 years she only resides only a year with me that too in small small period. Now from past 2 years, she is not staying with me.
In my house I am the only eaning person as my father was expired 5 years back. I have lots of dependents on me ie my mother, and my two younger brothers.
I am earning only 6000 p.m.
Now whenever i called her or she called me , she gave me 2 option.
1. She will join me but i need to live with her by getting separated from my family, that i dont want.
2. Another option which she gave me is ; She asked for 3-4 lacs rupees from me to get separated from me.
From past three years i tried to convince her to join me with my parents but she denied.
Now I dont want to live with her anymore and want divorce from her. Also I dont want to give her any money bcoz i am not earning big salary also i need fulfill basic needs of my family.
So request all of you to advise how should i get divorce in this case in which i can get rid of her without any problems.
waiting for all of yours valuable suggestions.