Anonymous
08 April 2011 at 20:13
In a consented case of divorce, petitioner wife sent proposal for settlement and respondent husband accepted the same for the time being [Husband is not in favor of divorce and don’t want that his matrimonial life should disturbed. He has accepted proposal to get rid-off from the court].So after meditation by mediator, joint petition for mutual consent divorce has been filled.
Now after 5 months form submission of joint petition, husband wants to withdraw his consent. Can he do so? If yes, how to withdraw consent? Should he require appearing personally before court and giving normal application in writing or can he send application by registered speed post or courier?
After withdrawal of consent what petitioner wife will do? She will reopen the case or go for appeal?
Anonymous
08 April 2011 at 19:48
In a matrimonial case wife has filled list of witness in the district court containing names of herself, her mother and her uncle (Mother side). Now wife is petitioner. Her mother & uncle are obviously from her side only as she want divorce. In this scenario can these persons be witness???
Anonymous
08 April 2011 at 18:17
I and my wife divorced under mutual consent (Sec 13B of HM Act) in 2002. Till the decree was passed I had paid her Rs. 6 lakhs as alimony during pendency of case. The decree of ‘divorce but with no costs’ was given by the judge. However before the decree of divorce was passed my wife got me to sign on plain paper that I will pay her Rs. 19 lakhs more, later. There was no mention of time schedule for this payment. Now after almost 9 years she has filed a petition claiming the Rs. 19 lakhs. Can she file for alimony after the judge gave a divorce decree without costs? That too after 9 years? Or is this a money suite and not pertaining to alimony? Is there a time bar to such claims?
Anonymous
08 April 2011 at 17:38
Hi,
I have given POA to my father. I stay overseas and doing my MS, after quitting job, and after my wife filed divorce and maintenance case section 24 Hindu Marr. Act.
My lawyer had filed review against interim maintenance.
I am not sure why review petition is stuck and nothing is happening since last 9 months, yet another next hearing date is given.
Am I entitled to file appeal in Bombay High Court against the Original Interim maintenance Order? I can ask to withdraw the review petition also.
My father has been depositing money every two months (6000/- p.m.)
Can review as well as appeal go on parallelly?
I am told that review is always dismissed.
Am I entitled to file appeal also?
If yes Can I do it after 9 months of delay. Well! its not a delay because review application was filed immediately within2 weeks.
I (my father) was initially told that review petitions get over quickly.
Have I lost the opportunity to make an appeal?
if required I would not mind to withdraw the 'review petition' from family court?
Is there remedy for delay of 9 months to file appeal?
Warm regards.
Member (Account Deleted)
08 April 2011 at 17:17
My divorce case and visitation rights application for kids is pending in Ghaziabad district court. My lawyer is not a member of bar council of Ghaziabad. Hence she used a VAKALATNAMA of a local Ghaziabad lawyer. But yesterday in the court, Judge refused her to argue in this case and said to talk to the local lawyer. Will I have to change the lawyer? If possible please give me some references of good lawyers in Ghaziabad.
AMIT
08 April 2011 at 09:56
I M MARRIED FROM 10 YEARS.HAVING A CHILD OF 3 YRS. MY INCOME IS 8 THOUSAND PM AND MY WIFE INCOME IS 19 THOUSAND PER MONTH. I WANT TO TAKE DIVORCE.HOW MUCH TIME IT WILL TAKE.PLEASE TOLD THE FASTEST WAY.
Anonymous
07 April 2011 at 17:58
Late husband gave life interest in the property in which our home is (1.2 acres). Have already divided this property among my sons and live in the house that will go to the eldest son (he is abroad).
He also gave me life interest share in plantation property together with our sons which was a registered partnership firm.
During course of widowhood, this property had increased by 50 pct in acreage from the profits of the firm.
In 1986 the plantation property was divided into two new firms, sharing the property between two sets of sons & myself.
I gave up my share in one division and in lieu was given 1/3 share in the second division.
New firm was registered & all property documents put in the names of the 3 partners including myself.
Post division the new firm that I was part of has bought from the profits of this new firm, another 20 pct property in acreage.
Now I want to provide for my married daughters.
My question is whether in 1986 the life interest part left to me by my late husband changed into absolute interest with the formation of the new firm.
And that now I can Will my 1/3 share in the present firm to my daughters, not in the form of property but in monetary terms based on value of the property on the date of my demise, payable by the continuing partners over say a 5 year period with simple interest on the outstanding .
My fellow partners, my sons, say I cannot do so and the entire property comes to them after my demise as it evolved from the life interest given by my husband to me more than 40 years ago.
I am old now and want to settle this matter at the earliest
Anonymous
07 April 2011 at 13:39
What proof wife need to provide in 498a case. Mere allegation along with word from her family is good good enough to husband behind jail.
If husband prove he has spend more than 25% amount of jewellary she brought at time of marriage on her luxury within 1 year of marriage, would it help in negate the charge he asking for money.
her money or jewel is not used by husband.
Anonymous
07 April 2011 at 10:48
I had filed dowry harassment case (F.I.R.) u/s 406,498A,34 IPC against my husband and in-laws. I was harassed mentally and physically by my husband and my in-laws. They are always tortured me for dowry and harassed me time to time.
After that my husband and in-laws filed a bail application in Tis Harari Court, and judge order them shifted me to my maternal home to paternal home for 15 days, we both are accepted the same. but now they cant came at my home and refuse the judgement of law...so kindly tell me what action will be taken against them?
Is LPA maintainable from an order passed in CM(M) in an application under article 227
Sirs,
Kindly inform if in Delhi High Court a letters patent appeal is maintainable against the order of hon'ble single judge passed in CM(M) application / petition under article 227 against the order of ADJ given in case under the Hindu Marriage Act.
Kindly awaiting for your esteemed replies.
rgds