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amjad ali   22 January 2011 at 16:48

DIVORCE & CHEAT

Sir,

I am muslim man married to a hindu lady in 2004 under Special Marriage Act in pune. We stay separately i.e she stays with her parents from 1 year as we have regular clashes from 3 years. She does not want to give me divorce, i have filed a petition in court for divorce. She has received 2 court notices but does not respond to it nor wants to contest the case. Now to my shock she has applied for a govt job in Assam without my knowledge & that too on her fathers surname. She has not taken a "no objection certificate" from me for changing her name. My queries are
1. Can a married lady use her fathers name on government documents without divorce???
2. Can a married lady apply for a government job using her fathers name without producing a divorce decree to the Selection Board???
3. Can I take any legal action against her for cheating me???
4. Is she liable for prosecution???

i want a divorce from her.
please reply

Anonymous   22 January 2011 at 13:23

illegitimate child

One my friend(Indian) working in foreign country made illegal relation with one girl of that country(Not Indian).They got child. After 6 month age of child they solemanized marriage and got all legal documents. Now he wants to get Indian passport for that illegitimate child and bring child to India.Is it possible as per Indian Citizenship Act? What procedure he should follow?

Anonymous   22 January 2011 at 08:01

498a & 406 settlement in UP

Dear All

I'm currently out of India and my 498a & 406 case is pending in UP.

I have never been to India since my case got registered. My parents are out on bail on 498a and have stay of arrest on 406 from HC Allahabad.

Now both parties to these cases have agreed to do an out of court settlement. My lawyer is asking me to return to India and file for MCD and settle the matter in my presence.

I want all this to come to an end but not sure on going back to India. I'm pretty sure LOC will be out on my name at the airport. I'm currently on foreign passport and haven't surrendered my India passport yet.

My question is:-

1. How to visit India and come back safely as I may loose my job if I stay out for more then 4-5 weeks.

2. How to avoid losing my passport in case of LOC etc?

3. What to do when I reach court to settle the matter?


I've heard of conditional bail but not sure on how that works.

Your guidance will be very much appreciated

Anonymous   21 January 2011 at 22:59

Very Interesting Case

1. A lady "allegdely" files for divorce under Section 13(1)(ia) on grounds of cruelty.
2. 4 months later , she and her husband submit a memorandum of compromsise under Order23,Rule 3 where she agrees to divorce, no maintainance and also giving up custody of her children aged 3 & 4.
3. The court passes an order the very same day under sec13(1)(ia). Surprisingly the decree is drawn under sec 13(b)!!
4. 3 months after the order is passed the lady one day notices the divorce order in the house which is when she realises that what fraud has been played on her. Till now, three months after divorce order has been passed, she is still living with her "husband".

This seems like a mockery of the laws. Is this a valid order/decree at all?Does the indian judicial system have any provision have any recourse for this lady?Or is the story over? What is the procedure now available to have this divorce decalred null and void?Can some of the sharpest legal minds in the country shed light on this matter.

Thanks.

ram agrawal   21 January 2011 at 22:17

maintenence case

Respected Sir, my self rbagrawal got mutual consent divorce long back in 1998,and in the joint petition it is clearly mentioned that the wife is financially capable and does not require any maintenence,from the husband now or after the divorce granted, simultaneous we entered into an aggrement framing all the clawses of the joint petition on an Rs.100 stamp paper and the same was regestered at the registrar office in 1998,now after 9 years, in 2007, my ex wife filed a fresh case of maintenence asking of Rs.30000/-per month, starting from the divorced year 1998, she is living with her parents from 1996,and they are very well financially sound, and I am running a small business along with my father and brothers, it is a partner ship firm, I am staying with my father who is aged person, also I am having a son, whose custody she has given me long back in 1998,in 2004 she filed another case of child custody and the same was dismised,she went to high court for appeal and same is pending for final orders,my son , is now 15 years old, I did not married till now, my mother also expired in 2000, there are no female member in my house, and I have to see all the work , she is harassing me by filing all these cases , as his own brother is an advocate, I am taking care of my son right from 1999 when she left me, I am looking after my father also,kindly help me in this case, awaiting ur reply asap, thank you,God Bless You---

Anonymous   21 January 2011 at 22:14

Matrimonial

Res. Sirs,

If a husband run away with a girl, leaving behind wife and a daughter what instant/criminal/civil action can be initiated to bring back the running husband?

gkp   21 January 2011 at 21:30

no change of name by wife

divorce case is going on
except case wife is not chang her name any where and she is not declaired her maritual staus as amarried any where after 10 years of marrige she is goverment employee she hide a truth to office. is this is offence ?
is their any action con be taken by her office?
is this illegale according to hmi1955 or any act?

Anonymous   21 January 2011 at 21:20

if wife no changes in office her maritual states it offence?

divorce petition is going on if wife no change her name and never change her maritual status it remains unmarried after 10 year of marriage she is working in goverment farm
what type of action can be take by govt. office or hmi 1955 pl tell sirs

Self service   21 January 2011 at 19:49

Two seperate divorce cases in same court

Hello experts,
Need advice on below issue- Husband filed divorce case under 13(a)i. Wife is contesting and on other side want to file case with mutual consent. Husband dont want to withdraw case and keep on hold until second motion of mutual consent. It is possible to file both in same court? First case under 13(a)i at place of residence?

saravanang   21 January 2011 at 17:42

Claim on property

Dear Sir/madam,

My grandfather was having 75cents of land that was actually gifted by his friend since he adopted his son at the age of 1year.

But It was registered as a acquired land by my grandfather.

My father senior member of the family looked after the family since his father retired and died in the year 1994 and he helped financially of his family members which include 4 daughters(including their husbands and sons) and 1 younger brother.

Now all the 4 daughters claiming partition in that land which belongs to my grandfather.

Can you please advice on this issue?