Anonymous
30 October 2010 at 22:47
mr.barman,actually i am the one who has asked for annulment and now my wife is accepting the same but without allegations .can the judge give the decree? If so, i will have no hold on her to take back the 498A case.how should i handle the situation.
Anonymous
30 October 2010 at 20:22
I have asked for annulment of marriage on grounds of non consumation due to medical problemsof my wife which were supressed.now my wife is producing medical certificates dated before i filed for nullity.She now claims that the marriage was not consummated because i have medical problems.in order to prove herself she is willing to go through medicals again or is demanding annulment of marriage without allegations.can she succeed in it.and if she succeeds what happens to the 498A which she has filed on me and my family?experts ,please advice.
vinod bansal
30 October 2010 at 20:07
R/Members LCI
My client's wife has filed a petition under section 9 of HMA earlier a joint petition was filed at Ambala for divorce by mutual consent,but at the time of 2nd motion statement after 6 month period,wife resile from her earlier statement and refused to give her conset for passing a decree by mutual consent,than husband contested this petition and prayed for passing a decree of divorce ,ultimately court on merits dismissed the joint petition and thereafter wife filed petition under sec 9 of HMA which is now pending for 13/11/2010 for summoning of Husband/respondent,summons are not received by husband till date.It is admitted case of parties that both are residing seprately since last more than two year.Now husband wants to file a divorce petition on the ground of sepration and cruelty.Wife is residing at Ambala and Husband is residing at Jind.Wife has filed petition at Ambala.Husband wants to file his petition at Jind.What is legal preposition regarding clubbing of both petition.Husband can file his fresh petition at Jind seprately or he have to seek/claim of divorce on the ground of desertion and cruelty in the petition under section 9 filed by his wife.if husband file petition at jind than district judge jind can direct the husband to contest and seek divorce by joining wife's petition at Ambala or wife have to move to Highcourt for transfer of husband petition at Ambala as she has filed her petition earlier to her husband. Kindly advice.Thanx
Anonymous
30 October 2010 at 19:07
My younger brother has died in a road accident on 3rd of March 2009. He was married and has two children, one daughter aged 6 years and a son aged 1year (son is born after his death). His wife does not want to live the us. At present she is living with her father. Can my parents or/and I claim for children adaptation? I want to adopt both or any one child as my child. I have two daughters one is 12 years and another is 7 years old. Please advice me how can i or my parents can adopt them?
Hitender Gaur
30 October 2010 at 11:57
What is the status of Hindu Succession law after Amemd. in 2005 (39) and addition of sect./Article 6 later on, if father changed his religion? daughters/sons changed their religion? Is it also applicable on those. In the sight of Law what is the defination of Hindu. Is this law not applicable on Sikhs, Cristiens, of Mohhamdons.
Anonymous
29 October 2010 at 21:50
HONBLE' SIR
INDEED THANKS TO EVERYONE HAVING TAKEN
PAIN TO RESPOND THE QUERY
INFACT IHAD POSTED MY QUERY BUT IT DID NOT
APPEAR ON THE
LIST QUERY WAS
CAN HONBLE COURT ORDER FOR DNA TEST OF THE
ALLEGED CHILD'S PATERNITY OF THE DECEASED-
PERSON TO SETTLE CLAIMS DEMANDED BY THE
MOTHER ON BEHALF OF THE ALLEGED MINOR
CHILD WHEREAS FULL & FINAL SETTLEMENT HAS TAKEN
PLACE FOR THE CHILD & MOTHER FOR PRESENT PAST & FUTURE
IN THE COURT BY MUTUAL COMPROMISE DEED ALMOST 15 YEARS
BEFORE
CHILD'S PATERNITY WAS DENIED IN THE HONBLE' COURT BY WAY OF APPLICATION/
PETITION & AND REQUEST WAS MADE TO THE HONBLE' COURT FOR ORDERING DNA TEST.
FOR ALMOST THREE YEARS ADJOURNMENTS WERE SOUGHT ON GROUNDS-1 DEFENDANT NOT THERE
2ADVOCATE NOT THERE .HONBLE COURT FIXED TWO TIMES DATES FOR DISCUSSIONS BUT
REMAINED ABSENT FOR THIS SHE WAS FINED TOO . IT APPEARS WHEN PRESSURE BUILT UP
SHE REQUESTED FOR MUTUAL DIVORCE WITHOU TAKING ANY DECISIONON DNA TEST BUT
THE DNA APPLICATION WAS NOT WITHDAWN. NOW FRIEND HAS EXPIRED, SHE HAS SUDDENLY
ON THE SCENE DURING THESE 15-16 YEARS NO CONTACTS .SOLE CUSTODY OF CHILD WITH
MOTHER WITHOUT ANY VISITING RIGHTS
IN AGREEMENT MENTOINED NO CLAIM IN MOVABLE/IMMOVABLE PROPRTY OF PARENTS/DECEASED
RELATIVES/ SHALL BE MADE AT ANY POINT OF TIME.
SINCE THE CHILD'S PATRNITY HAS BEEN DENIED & REQUEST FOR DNA MADE, AGREEMENT WAS
MADE INTHE COURT FOR PRESENT PAST FUTURE FOR THE CHILD ASD WELL BY MOTHER
NOW IT IS THE SAME MOTHER WHO SIGNED HAS COME BACK TO CLAIM FOR CHILD WHOSE
PATERNITY HAS BEEN DENIED
UNDER THESE CIRCUMSTANCES CAN HONBLE' COURT ORDER FOR DNA TEST
KINDLY HELP WITH LATEST ORDER FOR DNA TEST BY HONBLE' COURTS AND
IF SUCH ORDERS WERE THERE THEN WAS IT CHALLENGED IN THE UPPER HONMLE' COURT
ANY DETAILS OF SUCH FIRM ORDER
THAT MEANS ANY LADY HAVING ILLICIT RELATIONSHIP AND GET PREGENANT FROM SOME
WHERE ELSE IN A SITUTATION WHERE NO CONJUGAL RELATIONSHIPS WERE MAINTAINED
BECAUSE OF REVELTION OF EXISTENCE OF ILLICIT RELATIONSHIPS FOR WHICH EVIDENCE
WAS GIVEN & ACCEPTED SAYING FAMILY FRIEND / SOCALLED BROTHER --SHE CAN DO ANY
THING UNDER THE GARB OF MARRIGE LICENCE--UNDER ONE ROOF --WHY SHE WAS NOT HAVIN
DNA TEST--WAS SHE SCARED - ARE THE LAWS ENCOURAGING ADULTRY-HOW YOU CAN PROVE
ADULTRY- SHE IS NOT GOING TO SAY COME AND TAKE THE PHOTO OF THEIR ADULTROUS ACTS
THE ONLY STRONG CICUMSTSCIAL AND ACCEPTED BY HER SHOULD BE ENOUGH
I SHALL BE GREATLY THANKFUL FOR ASSISTING BY THE FRATERNITY OF SAMARITAN ADVOCATES
WITH WARM REGARD AND THANKS IN ADVANCE
satyadevi
29 October 2010 at 16:59
sir,
I would like to know the meaning of
"Adoption Maintenance"
Anonymous
29 October 2010 at 07:25
honble' sir
i had requested some help on dna test
on 27th &29th oct but both have not been
listed in any of the section.
Can you kindly help for the same
Regards
Anonymous
28 October 2010 at 20:38
Hi,
I need desperate help , this is concern for my minor child.
I have been maried for last 9 years and have a 6 year ld son .I suffered a lot of trauma afetr my marriage with dowry harassement from my inlaws which n turn affected my relationship with my husband as well . I was thrwn out of my inlaws husband by them me and my child when my kid was just 6 mnths old.After waiting for so many years that tehre will be a change in my husband i finally cme to ths conclusion that he was not interested in us . I have filed for divorce i am concerned that to harass me he will try to seek custody of my child as he knows that is my weak point . This man uses abusive language and has a very hot temper , he has physically abused me on many ocassions he does not know how to handle a child as he has never been with him . I am extremely worried.I dont want anything from him except for my kid . i have brought up to be an extremely well behaved kid and he is very soft spoken . he is extremely sensitive .will i win this legal battle of mine for sole custody , i dont know o my rights please guide me .
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498a after second marriage
respected all,
my client (husband) obtained a ex-parte divorce decree from his town u/s 13 HMA the wife didnt appear in the case.he filed the suit in june 2009 ane got decree in 2010 march. then the husband did second marriage in june 2010. in the mean time the wife intituted the case u/s 498a in her town that is in august 2009 most probally when she recived summon for divorce case.she is doing highly paid job in a college.the husband is currently living in abroad and doing jobwith his second wife .the husband and the first wife were living seperately from 2006.case is done on husband, father in law and mother in law.mother in law is ill and permanent handicapped.father in law is also 70 year old man.
now my query is :
1)how can i file bail of husband he is abroad who will execute the bail bond.
2)what is the chance of quashing the case as allegation is also only about mental cruelty no demand of dowry.
3)any relevent judgement for trail or also for quashing.