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Kartik dhar   10 January 2011 at 21:43

Re: Conditions for Divorce in India.

Hello Xperts!

Sorry for not being in touch for a long time!

I would really appreciate if you cud help me on this.

My wife has taken my 9 months old child and has abandoned me since 3 mnths and I am planning to go abroad for 1 year.

1. What if she does not file for a divorce?
2. What will I loose if I file for a divorce since she is not making her move first?
3. After more than a year of non co-habitation can we get a divorce automatically or she can ask for maintainence at ant time?

Much appreciated!

Anonymous   10 January 2011 at 17:47

Hindu Adoptions And Maintenance Act 1956

Can a second wife claim interim maintenance from husband under Hindu Adoptions And Maintenance Act 1956.
Kindly give me citations in this regard

Anonymous   10 January 2011 at 17:22

effect of order 23 of Rule 3 of C.P.C

One expert advised to file An application for a decree for dissolution of marriage by mutual consent under section 28 of Special Marriage Act read with Order 23 Rule 3 of C.P.C. / HMA 13

I want to know what is the effect of Order 23 Rule 3 of CPC in connection with Section 28 of Special Marriage Act.

If the portion 'read with Order 23 Rule 3 of CPC/HMA' is not mentioned what is the disadvantage ?

Pls. clarify

Anonymous   10 January 2011 at 13:43

HMA or Spl.MA

Marriage was solemnized following Hindu rites performing saptapadi. This marriage was also registered under Special Marriage Act.

Now the question is whether marriage requires to be nullified under both the acts ? I mean once get diverce under 13B and again under 28 of Spl.MA (in case of mutual consent)

Pls. clarify

Anonymous   10 January 2011 at 13:03

divorce in foreign courts

wife is trying to take divorce in UK and husband in india. not living together for last 2 years. after marriage she went with her husband and after a child is born and after one year she complained to police on dv alongwith her mother who joined them a fortnight ago. police filed a criminal case against him and actually collaborated with wife and he was kept in jail and the case was decided since the husband pleaded guilty and wife pardoned him and ultimately he was awarded a fine and 2 year community service and forced to quit uk since he lost his job.
wife told later she will go for mutual consent divorce and husband insisted it should be taken in India as per hindu marriage act but she nicely alongwith her lawyer she put a case of divorce in uk court.
pleae clarify
whether the divorce in foreign court is valid or not if so or not so under what sections of the act.
she is trying to get citizenship of uk by showing this. she has taken away the child to uk after she visited india without informing the husbadn. is child allowed to get out of this country without huband's consent? the child age is 3 years

Anonymous   10 January 2011 at 12:55

juris diction of revision of intereum maintanance?

sirs, court ordered intereum maintanance u/s 125 main petition without taking my money obligations.as a result i am facing financial problems.
1)can i file for revision in my jurisdiction
2)or i should file in the same court which she filed?
3)any chance for high court of ap to stay?

Anonymous   10 January 2011 at 12:39

Family disputes

Hi
I am married since 5 years..I have mostly lot of difference of opinions with my wife and we used to quarrle a lot..

As per me, she is not behaving with my family members well and she is very rude...
She also have some opinions about me that I am too much expecting from her..

Anyways, we had big fight recently and she took gold ornaments with her..
Her and my family members intervened and calmed down both of us...

But, she is now, threatening me about a possible police action not direclty but through indirect comments that she may go to police to file complaint againest me to give bad time..

This is my observations...and I think that the possibility of she doing that is very remorse but I cannot gurantee that since she loose all her control during fights..
All of her family members including her are very well educated so is that case with me and my family ...But she can take any action ...

So, can I save myself from the possible action from my wife...? We also have discussed lot of time option of getting divorsed...

Few people told me that you can get in writing...

Can you please guide me...?

Anonymous   10 January 2011 at 11:56

125 and child visitation related

Can a father request to the court to meet his minor doughter(aprox 3 year) in the petition of 125CRPC(filled by wife). Interim not decided yet.
Can he give request in written to the court as wife do not bring the child on date.

Father has not met his doughter since 2 years

Isn't it necessary that the petitioners(wife and doughter) sould be present in the court on every date?

Anonymous   10 January 2011 at 10:43

Lawyer's guidelines.

Due to wife attitute after 2 months of my marriege I was seperaed my parents and residing seperately with my wife. but after three months she again left my independent house. Since March 2010, she residing with her parents or ex-boy friend, I file RCE in April 2010 then she file the case crpe 125 & crpc 12, & 18 to 22 sections after one month i.e. May2010, after so many conversation she is not ready to came back. Even her father also demanding one time huge money for settlement.
Hence I need urgent advise on the following :-

1] Get i any benefit if i file RCR first.

2] Since begening As she is residing with her paretns or ex-boy friend since last 9 months Can she still filed 498a if yes whom family members could be covered & on which ground.

3] If i get decree on RCR then what is the benefit of it

4] Can i file divorce as i was married in
May 2009.
5] It is possible if i want to transfer of our case from my wift's city becoz her fatehr & her friend tried to stop us to attend the court hearings.

6] Still we are try our best to resolve this problem but she & her father demanding a huge amount in one time. I could like to know it is possible according to low or it is advisable that can be paid total amount at the time of compromoise & divorce file.

7] Girl's father is adament that we have to pay all the amount first or kept full amount with medeator ( The medeator is girl side) then compromise will be done, It is advisable to us or not.

8] If we paid full amount in advance. and we file divorce on mutual consent and then after getting amount if she refuse to attending the final divorce date or not sign on final divorce after six months.
If yes KINDLY ADVISE US WHAT STEPS COULD BE TAKEN BEFORE GIVING A SETTLEMENT AMOUNT TO GIRST OR HER FATHER.

9] IN THIS POSITION CAN V GO FOR SETTLEMENT OR NOT. KINDLY ADVISE US IN DETAILS SO THAT WE CAN MOVE ACCORDINGLY TO YOUR GUIDELINES.


THANKING YOU


Anonymous   10 January 2011 at 00:23

hindusuccession act amendment 2005

whethee the amendment is retrospectivr in application ? whether female born before 2005 canclaim same shareas like son