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Anonymous   15 December 2010 at 18:44

How much this is Important!!!

While filling Divorce petition U/s. 13(i)(a), petitioner wife has attached 3 pages letter claiming that Respondent's advocate has send this advisory letter to her. I have not engaged any advocate till today and appearing in the Court myself. 4 dates were over.

The letter contains good things about both of us and for both of us. According to the letter the petitioner should reconcile with the respondent and do not let her matrimonial life and personal life to get spoiled. The petitioner should talk with respondent and return to his house. If the petitioner don't want to live with the respondent than she should have words with him and should solve the matter by discussing with respondent only without inviting others so that matter should not get spoiled any more.

The letter starts with the words that the writer of the letter is a solicitor cum advocate cum social worker, so it seems that someone who knows very closely to both of us has written and send the letter to the petitioner or the petitioner herself has written and posted the letter and now attaching with petition to gain sympathy. The letter is on legal paper not containing address and signature of sender. It is not on the letterhead of the said advocate.

Can the Hon'ble Court take stand that I have send the letter?
or it has no legal stand in the Court?
Will the Court go in detail for further inquiry who has send the letter or ask the petitioner to prove that the respondent has send the letter?

Anonymous   15 December 2010 at 14:46

RCR Clarification Required

Dear Advocates,

Pls help to clarify the below:

1. I filed RCR in Oct-10. However i havent heard anything from my wife's side yet. Is there any way to find if objections have been filed or not?



2. RCR hearing is scheduled for 04-Jan-11. What would happen if i dont hear anything from them till then? Can they file their objections on that day ? If so, what would happen on that day?



3. My wife and her parents have taken back their things after RCR was filed. Now i dont have any intentions of joining back. I asked my lawyer if we need to withdraw RCR and file a divorce petition. He has asked me to wait until RCR hearing. My concern is on the date of hearing, if my wife comes on a full surrender, will i be forced to take her back or do i have the liberty to say that i am no more interested to live with her?



4. If I state that i am not interested to live with her on the date of hearing, would the court question me as to why i havent withdrawn the RCR still?


Suchitra. S   15 December 2010 at 07:14

Protecting senior citizen

Respected experts, my client are a couple who are senior citizen. They are troubled mentally, physically and financially by their first son and his wife. The wife threatens them by saying she will file a case against them just to harass them. Son is married for 7yrs now. This couple are well educated and do not need any financial support from their children. But Son and daughter in law are after them for their family maintenance. Son is a doctor but doesnt give even a penny to parents. In fact these old parents are maintaining their son, daughter in law and even grand children.
Now for a week now, this couple have moved to a hotel where they are staying after a fight at home. They havent brought all their belongings from the home. Son and daughter in law are not allowing them to take their belongings. It is a rented home but the lease deed is in this couples name and these people are paying rent.
Please suggest an immediate relief for this couple that their Son and daughter in law doesnt disturb them in any way. A simple police complaint would not help much as I perceive.

Anonymous   14 December 2010 at 21:12

suit for partition tamilnadu

Sir, my query is.
Daughter is a Petitioner and D1, D2 is brothers and D3 is daughter of D1 now the case is suit for partition, the property is in Tamilnadu, ancestral property and Hindu there is no question.
1. Father of Petitioner, D1, D2 and grandfather of D3 died on 9/4/1969 intestate, the property is derived from his grandfather and father.
2. Petitioner married in the year 1984
3. Unregistered Kur chit but there is witnesses (Partition or Family Arrangement) between D1 and D2 for entire property of father, mother is not a party in the kur chit, no signature of mother at all.
4. Mother died in 1999
5. D1 was settled his whole share of property to his only daughter(D3) on 27/4/2009
6. D3 made a sale agreement to third party ie. for agricultural land only on 20/5/2010.
7. Notice for partition served on 16/6/2010 by the petitioner through his advocate to D1.
8. D1 gave reply to the petitioner on 20/6/2010
9. D3 execute a sale deed to third party and registered on 2/12/2010 as per sale agreement dated 20/5/2010.
10. Now, the petitioner file suit for partition.

The question is.
A. Kur chit is valid or not?
B. Petitioner can get the partition or not?
C. Is third party (who is purchase D3’s portion of the property) affect? What relief she can get?

Anonymous   14 December 2010 at 18:57

Reg 506A

My wife file 506A case against me and my mother for not vacating the house. After filing the case we came out of her house. Now she is staying alone. I got bail. How will i come to know if i have to appear at the court?


My wife is not ready to give divorce.she is also not ready to live with me. How to get a divorce ? pz help me...i am struggling a lot without proper guidance...

Ravindra C   14 December 2010 at 15:33

Format for Evidence

Dear Experts,

I have a RCR going on in court and is at the evidence stage,Hearing is on 20th Dec 2010 Request you to please help me in getting format for Evidence Filing. Thanks

Ravindra C   14 December 2010 at 15:28

Format for Evidence

Dear Experts,

I have a RCR going on in court and is at the evidence stage, Request you to please help me in getting format for Evidence Filing. Thanks

Adv. Virendra   14 December 2010 at 13:58

decree of divorse . . .jurisdiction

In a case I am representating wife. We file application for maintainance U/s 125 of Cr.P.C.
Then the husband came with a decree of divorce issued by Civil Judge Junior Division saying that the divorce has already taken place and lumpsum amount has been paid as maintainance.
Is such a decree is null and void because it is taken from Junior Division,can anybody give me any citation on this ??
ALSO I have not signed any such petition of the so called decree.

Anonymous   14 December 2010 at 07:09

Custody of step child

I married to a woman who had a six year son from her ex husband (not divorced). She had adopted one girl prior to our marriage. She died in an accident after 3 years of our marriage. Who will be keeping the custody of the son as the BIO Father is still alive

Anonymous   13 December 2010 at 21:59

reg. settlement money

Can any court order for one time settlement money in spite of the divorce petition has been filed under section 13B on mutual basis ?