Anonymous
15 January 2011 at 20:37
What are the normally accepted grounds by the courts for speedy trial of matrimonial case (day to day basis)as per section 21B of Hindu Marriage Act.
Can judge use his discretionary powers to speed up the case on day to day basis under above section
If one spouse is ready to compromise but the other one is not ready and one spouse goes to Pre-Litigation Mediation then if other spouse do not turn up then will there be any benefit to the spouse who goes to mediation for taking early divorce on the ground of cruelty and what will the views of court regarding maintenance.
What are the benefits of Pre-Litigation Mediation as compared to Restitution of Conjugal Rights (RCR).
Anonymous
15 January 2011 at 20:30
If husband is spending on all the household and other expenses including fee and other expenses of child of wife (from previous marriage) and she left the house just for forcing for adoption of her child from the previous marriage.
What should husband do ?
He tried his best directly and through relatives of wife but she is not ready to come until adoption is done.Adoption was not discussed before marriage. Husband is ready to do adoption but once the relations are normal and is ready to give it in writing.
We has left 10 months ago and she and her parents are not ready to compromise.
What is the best option Mediation/RCR/Divorce.
She was creel also to the child of husband and husband also.
But since this is a second marriage husband wants to resolve but wife is not ready.,
Please advise what is the best and speedy option without payment of maintenance.
She has Rs.20 lacs in her fixed deposits and she is earning around 20,000 per month.
No child from this marrige.
Anonymous
15 January 2011 at 19:03
Dear Sir/Madam
Si, my name is J. Srinivas as i am practsing as Jr. Advocate. Sir, as i am doing practsing by my own. Sir i have one doubt regarding MC Cr.p.c. 125 After filling this MC, the petitioner want to go her mother-in-laws house, now what to do. But the husband of her has been refusing now what to do. Please give me suggestion.
Anonymous
15 January 2011 at 18:02
Good evening, Please clarify what are the jurisdiction places can be taken to file divorce petition under Indian Divorce Act under which section. HAPPY PONGAL.
Vinay Bhardwaj
15 January 2011 at 16:07
My Muslim friend, married 10 years back, having one Girl Child resides with his wife in the same flat but not performing any maritial obligation(constructive desertion from last 3 years. He just came in the flat for sleep. His wife has filed a case of 498-A. He also paying maintenance to her. He many times tripled talaq but not considered by court. Now, he seeks her wife to leave flat and decree of TALAQ. please help.
OneHelpLessHusband
15 January 2011 at 15:54
All,
Wife has now filed maintenance under 125/CrPC 1973.
1) Wife Leaves home, takes son along with her
2) Wife files 125 from her home town
3) Husband not filed RCR till date.
I am looking forward for your comments / court judgements/ decree in which court has quashed 125 considering the wife's treatment as Cruel and then adviced for husbad for filing of Divorce
Regards
OneHelpLessHusband
Anonymous
15 January 2011 at 15:04
Sir/Madam
my wife desert me since 14 month.she is studing and not working.i try my best to come back but she refused.
now i file case of sec 9 HMA but in this counselling she refused to come back. but she file sec 24 and sec 125 both for maintainance.
my advocate are giving advice that we should file for divorce and withraw sec 9 for speedly divorce
i m requesting u to guide me that is it favorable for me.
and how to advoid maintaince and take a divorce
B Guru Murthy
15 January 2011 at 00:27
Hello Gurus,
I AM MARRIED(love marriage) TO my wife of inter caste, bUT NOW HER PARENTS ARE DENYING our MARRIAGE DUE TO CASTE. WE BOTH ARE HINDUS AND MAjors NOW HER PARENTS ARE TRYING TO REMARRY HER. She is poised by her parents.
For a period 6 months of regular communications thru posts/couriers i did not get any respinse from my wife
Further, I went to pick up my wife, i could nto find her @ her residence. After a week my wife filed divorce and maintainence @ the behest of my in-laws.
I did not file any counters. Both the cases got expartee order, this is three months back. They did not file any executive petition for maintainence, but i am ready to give maintenance to her.
I am confident that if i see/meet/talk to her she can join my matrimonial home.Its more than 14 months i dint see my wife.
In between i filed(original jurisdiction) RCR party-in-person waiting for expartee order. No counters filed from my wife side nor they did turn up.
I can understand that, this is all because of egos and communciation gap with my mother-in-law. I even tried ADR(Legal services/mutual consent/3rd party mediation) no response.
Now I filed Appeal in HC to set aside the expartee divorce of the Lower Court, as i am looking for re-union
My-in-laws are accepting our marriage as per legal proceedings, but our marriage is not registered, but we have a certificate/receipt from temple.
I am worried about my wife as there are planning to perform 2nd marry for my wife
My Question:
1)How far this Habeas Corpus going to help
me? If so what would be the grounds to file the petition.
2)Is there any other legal way to see/meet my wife?
3)Any, chances to stop her marriage?
4)Max time to get 2nd marriage for my wife from the day of divorce decree from the lower court?
kindly advice for our reunion, pls......
rgds
guru murthy
Action on Mother in Law
If wife had deserted and husband calls at the residence of in-laws to talk to his wife but she do not allow to talk to her and abuses on the phone.
Can any action be taken under law against such mother in law?
Please advise