Anonymous
23 January 2011 at 19:29
My wife had filed for the divorce and I had filed for a RCR and our meditaion has failed to produce any result. I went for 6 sittings with no result and other side has been asking huge money for settlement.I want to take my wife back but the way they bargain , I feel so disgusted and the way they treat the marriage as a good source of income.
At this point of time , can she file dowry or DV cases against me , since the mediation has failed ? Dont know how to proceed.. Please help me ?
dipankar
23 January 2011 at 17:49
My wife’s parents are again trying to remarry her.We both are hindus and adults at the time of marriage.I secretly married my wife in 2007 in a temple without the knowledge of her parents.Now her parents have come to know of the marriage and now they are trying to remarry her.i have got the priest’s certificate,marriage photograph with negative as well as witnesses.but now she is in her parental house and she has also given consent to a second marriage,without taking divorce from me.That means she has taken the side of her parents.On the advice of experts I lodged a case U/S 9 of HMA.But they have taken the case lightly and did not appear in subsequent dates given by court.Now I have come to know they are remarrying her with my wife’s consent.Experts have now advised to lodge a police complaint as well as injunction suit from court.
Now my question is under what sections the police is going to take my complaint or FIR.As my wife is not on my side will such complaints can backfire on me?And secondly what is injunction suit , Is it a civil suit or criminal suit.can it stop my wife from remarrying.Can my inlaws or my wife take these cases lightly also.
Anonymous
23 January 2011 at 16:42
Hello ! Please help me to understand the following doubts:
1. Is it important to register the foreign wedding of Indian couple in India? wondering if Indian govt. or Private organizations in INDIA like banks, visa offices or any other such institutions recognizes such wedding that took place out side India and registered outside India ( in USA, that was done in Christian customs rather Hindu).
2. We are confused since now my brother and his newly wed bride has moved from USA to INDIA for good but they got married in USA therefore for opening a bank account or ration card, election card or Pan card in India may require to submit marriage certificate. Wondering if USA marriage certificate would be recognized during such official dealings.
If Indian constitutions or Govt. Organization recognizes USA marriage certificate in India then still somewhere we are worried if in future not having his wedding registered in India would cause some unpredicted problems. So thinking of getting his wedding registed in India too.
3. Further we are not clear if it would it be a problem if my brother registers his wedding in India based on his Indian wedding date which is different than his wedding conducted in USA?
Therefore, critical to know what to do - should we get his wedding re- registered in India or not? The Indian wedding was done in proper way - like invitation cards where printed, photos and videos where produced.
Please reply,
Look forward to hear from you
Thank you
Savdeep
Anonymous
23 January 2011 at 15:42
Sir my brother dead leaving a will with total rights benefits to my mother from his government job like gratuity pf lic other benefits.he is dead when the divorce proceedings in court. And he has a son.now his wife asking for share. Is she has any right. My mother wants to give amount when the grandson became elder. Is there any possibility.
Anonymous
23 January 2011 at 12:16
Hi Experts
Would like to know if one can call his wife ex wife before the divorce is granted. Also can one have live in relationship when the divorce is pending in the court?
Thanks
Anonymous
23 January 2011 at 11:54
Dear All
I am going to submit an application for interim maintenance with proof of my husband's income tax return.
My 14 years daughter has received a call from him and he told her that he will buy clothes for her. I want that her expenses should not be counted in piecemeal manner like whenever my husband wants can get clothes for her . This results in double expenses also. We buy clothes when she needs them and not when my husband wants to buy.Moreover she wants me to accompany her when she buys her clothes to advise her on the appropriateness of the dresses that she wears for her school( her school does not have a set uniform).
Please advise how I should take a stand. My daughter shared with me that she has told him on the phone that he should talk to me on this.
Please advice. Thank you all for the time you are giving for attending this query.
Regards
Anonymous
22 January 2011 at 22:28
Wife on small dispute is staying away from husband despite knowing that he is suffering from Cancer.
She is not talking to him and not responding to him, he has sent mails informing that his medicine has been changes and is not easily available so please help but she is not responding.
Will above fact be considered by the court for taking early divorce as due to constant tension health of husband is deteriorating.
Can husband request for speedy disposal of case on health grounds.
Anonymous
22 January 2011 at 22:24
If wife has already taken one divorce before this second marriage and she has taken big money in the first divorce then will this be of use to the second husband who was widower and if he files case of divorce on Cruelty as the wife is not ready to reconcile without adoption of her child from previous marriage and she is treating child of husband with cruelty and also husband has proofs of cruelty against him like througing bottles on him, breaking bone of hand, refusing s*x,refusing household work, abusing, abortions without his consent, slapping servant, saying that she loves her ex too much etc etc.*Proofs are in the form of exchange of mails with her on all these issues)
She is working and staying with parents for last 10 months, husband has proofs of payment of school fees etc. for her child from previous marriage also.
Please advise.
anantha madhav
22 January 2011 at 20:29
I came to know ver late that I got ex-parte(interim maintenance & divorce) decree, but I did not receive any intimation from the dist Family Court. Now the time also lapsed.
I am not intersted in divorce and iam ready to pay maintenance to my wife, as i woudl love to re-union.
What to do for both suits
(interim maintenance & divorce):
Shall i go for stay in High Court/Low Court,
Shall i go for revised petition in High Court/Low Court,
Shall i go for appeal in High Court/Low Coourt,
Shall i go for stay in High Court/Low Coourt,
Best Advice from forum experts
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Need Sound Counsel
A petition is "allegedly" by a lady in Family Court seeking Divorce from her husband on the ground of cruelty under section 13(1)(ia) of the HMA.
Subsequently, 3 months later, a Memorandum of Compromise was "allegedly" filed by both parties under Order 23 Rule 3 CPC.
 On the basis of this, original petition was allowed on same day and an Order granting Divorce by Mutual Consent was recorded under Section 13 B of the HMA was passed
 The compromise provided for alleged agreement between parties, viz;
a)Divorce shall be granted.
b)The lady will not have any claim against her husband for her Maintenance.
c)She should not have any claim over the property of husband, and,
d)She will not have any claim over the custody of her children.
 It was only 3 months after divorce order that the lady came to know about this fraud played upon her only. The same can be understood from the fact that till then she was residing in the house her husband unaware of the fact that the a Divorce Decree has already been passed. There are several proofs supporting the same.
Immediately the lady files a suit which is a suit seeking to declare the Divorce Decree as null & void on the following grounds :
1.That the "alleged" original petition and Memorandum of Compromise have been actuated by fraud and coercion by her husband by threatening her.
2.That NONE of the provisions of a mutual consent divorce have been adhered to and the Order of Divorce is not in conformity with the mandatory provisions of section 13B
3.The divorce pronounced merely on the basis of a Memorandum of Compromise filed under Order 23 Rule 3 CPC.
4.No Decree of divorce can be granted under Order 23 Rule 3 CPC of HMA otherwise the very purpose of enacting a law under Section 13 B of the Hindu Marriage Act is lost.
5. Several recent Supreme court judgments have been citied which have come down heavily on Family courts for waiving of provisions of Sec13(b) very freely.
I would, as a student of law, like to get perspectives from the learned members of this community on the
A). Quality of judgment as well as following a due process by the Family Court.
B). Legal strength of the position taken by the lady now.
C) Is there a provision in the law which the lady can take help of for remedying this gross tragedy?
Regards