Anonymous
09 January 2011 at 19:20
A notice was given to the marriage officer for marriage under special marriage act and within one month thereof social marriage was solemnised following hindu rites and saptapadi was performed. The marriage officer was also present at that time. After marriage was over the husband and wife and their witnesses signed in the marriage register brought by the marriage officer.
Now the question is that under which section i.e. 13B of HMA or 28 of Spl. M.A the divorce on mutual consent requires to be filed ?
The petition of mutual divorce should be addressed to whom ?
Please clarify.
Anonymous
09 January 2011 at 17:22
(1) A father is having two sons. One of his sons died leaving a grandson. Can the father adopt his grand son when the other son is alive?
(2) Without institution of any case, how to leagalise Family Settlement Agreement? How to take it to Lok Adalat? Can Lok Adalat give leagal sanctity?
Can some one guide on the above
Anonymous
09 January 2011 at 16:52
Sir, my self Mr.Milind kulkarni from Nashik and i just want to inquire abt that if the person who was belong to tribal cast and if he gave divorce to his first wife by publishing notice in the local newspaper and it is legal as per their custom but it is a settled law that this is a proper way of divorce and can the first wife claim the property of the husband even though he has a second wife. It means the first marriage is void or not/.
Anonymous
09 January 2011 at 16:33
I am married for the past 14yrs and have one daughter and son,aged 12 and 5yrs.Its going to be one year since my wife has separated from me taking the children with her to her mother's place at Vizag.I also have an old father aged 79yrs and she does not like staying with him as he is an ex-army man.From the time we got married she never wanted to stay here and always wanted me to leave him here alone to die and I go with her to Vizag and stay.Because I refused she got her parents over here and they fought and have taken her away.Now she does not to come back and demanding for maintainence of the children and herself.We have no good lawyers over here and so cannot consult on this matter.Can you advice me on what the law has to say on these type of matters.
Anonymous
09 January 2011 at 16:09
My wife deserted 8-9 months ago without any sufficient cause just on the instigation of her mother on legal issues.
Now she is not ready to come back until her undue demand is accepted.
She has written in her 2-3 mails to husband to take divorce and get married again
One day she said she is ready give divorce and ready to sign papers.When husband asked for signing the papers and go to court then she said she will sign papers but not go to court.
What is the option before the husband.
Go for Mediation (She has already denied for mediation)
Which cases she can file after this
Go for RCR (She may defeat the purpose by coming for small duration and go again)
Which cases she can file after this
Divorce on Cruelty (Enough grounds are there like abortion without consent,braking fingre, cut,shouting in presence of relatives,going to parents house on small argument,stopping preparing food, taking care of child, refusing sexual relations etc.)
Which cases she can file after this
Both have married for the second time and both of one child from the previous marriage/ no child from this marriage.
Husbands net take home salary is 75000 and wifes salary is 20000 and she has deposits of Rs.20 lacs which is took in the 1st divorce.
In above situation do husband need to give maintenance although he is ready to take her back and approached them a number of times though friends,relatives and directly but they are adamant (PROOF IS THERE IN THE FORM OF EXCHANGE OF MAILS SMS ETC.)
PLEASE ADVISE SAFEST NEXT COURSE OF OF ACTION
neelam
09 January 2011 at 15:36
Dear sir
I am a married woman carrying an adult son,22 years of marriage,my husband is having extra marital affair from past 7 years, seeking legal help immediately. i want divoce as no other choice, having physical and mental harassement. Please give right advice.
ambika.S
09 January 2011 at 15:22
Sir,
Can an muslim file a suit for dissolution of his marriage? whether it is legalised?
Rohit Telang
09 January 2011 at 11:30
Iam staying along with my widowed mother in a flat which was purchased by my father in 1973 in Mumbai.I have a married sister who is asking a share in the property(Flat+ fixed deposits of banks).My mother has never earned money ie.everything belonged to my late father.My sister suggested to me to give her now 1/3 current price of the flat and she will give in writing relinquishing her future claim.Is it advisable for me to do so? Another suggestion of my sister is I give her in writing on a bond paper that I will give her 1/3 share after my mother.Is it advisable? My mother says that she will give her share to me after her death.How to ensure that my mother will give her share of flat to me after her demise? Also when daughters are given dowry in the form of gold jwellery etc,why should they ask for share in property?Is not the law against the sons?Please explain in detail and suggest ways to protect my interest.My sister is well settled in mumbai.
Himadri
08 January 2011 at 16:47
Sir,
We are separated over a year. Now we are going to file for mutual divorce before court. Shall we have to wait for another six months to get the divorce?
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Sufficient reason to dismiss/dispose a divorce case on merits...
I am wife and mother of a daughter who is facing divorce case 'cruelty' as per hindu marriage act.
I am getting maintenance for me and my daughter.
child visitation case is going on even though I told that 'I want my husband to visit my kid' and no objections (she is too small/kid in primary school to be taken away.)
I want to dismiss the whole case. Affidavit (Exh. 7) supplied with main petition (Exh. 1) of husbband, which talks about few things.
But maintenance Order script in which husband's lawyer/husband admitted few facts which cause grave mismatch.
As per main petition he was unemployed and without earnings for 8 months, but for the same period he says in 'maint Order' that he resumed another job (less paying) with a 5 days of gap.
This 8 months and 5 days is a grave mismatch and he has told falsity and lies in Exh. 1 and Exh 7.
Doesn't that become ground to dismiss case for shoddy and unclean hands behavior?
I have read HMA and many posts on this forum: HMA says in Sec 23 "Decree in proceedings" (e) 'there is no other legal ground why relief should not be granted'
Isn't a person lying in affidavit and telling another thing himself in maint trial, 'a sufficient legal ground/basis' to dismiss the trial?
Why judge has to decide the whole case? Anyways the case is very absurd allegations.