Sanju
24 October 2010 at 10:20
My brother got divorced and his wife appealed against the judgement in the high court.The case has been admitted and the stay forbidding my brother to marry again has been granted.The case is pending in the high court.My brother has been living separately since last 11 years.Now he is involved with a girl and who is legally divorced.They have decided to marry without any evidence(only pheras without any proof).My question is:
1.Can his first wife take any action against him if he starts living with this lady.Is it illegal for this lady to stay with my brother when the appeal case is pending
2.Without the marriage being registered or without a proof of being married,can the lady ,in future if their relationship does not work,harm my brother and to what effect?
3.If out of this relationship,a child is born,how will it effect his pending case.I mean.can the first wife take any action if the child is born from the the relationship.
please advice..
Thanks
Anonymous
24 October 2010 at 09:27
Married on 19th SEpt,08, also did a marriage with her on 27th feb as per rituals in front of family and relatives.We have been going out for close to a year before marriage.We both had a good understanding and spent 9months along at my parents place, post marriage.One day suddenly my wife started quarreling if I gave money to my parents.We had a fight and she left home to stay with her parents for 1 month.She came back after mutal consent and started staying with me on demand that I will shift to my own home in one month.I agreed to the same but within few days she again fought and went back to stay with her parents.I went back to her after convincing her for a month long,then she agreed, but now she didnt wanted to stay at my own home as this was closer to my parents place, so I bought a rented home closer to her parents place,as she wantd the same.We stayed for 4 months, during which she has left home 4-5 times and again came back after 2-3 days.During this 4 months period, she has been fighting with me for giving her monthly stipuated amt.As I didnt agree she kept fighting with me all the time.One day she created a scene back at home called her parents and friends and fled away with all the stuffs given by me.I cleared the rented house and came back to stay with my parents.She sent a legal notice to me (stating a list of expenses made by her, and complaining about harrasments done to her by me and my family, and she giving money for me and my family,she claims us to be orthodox and behind her salary.Also she happens to be a co-applicant, but the house was taken by me and house registered in my name.)Thus putting all false allegations.also she claims to have done two police NC complaints, one was dated the time period when she was staying with me (which I came to know thru legal notice) and one post after she left me.Her advocate ends the legal notice by saying that I need to co-operate with my wife else legal actions will be taken by her.
I did send a reply in detail denying her false claims and Have also asked to her to come back as a part of conjugnal rights.But no reply has come from her til date.
On 22nd Oct, I got a petition put by her on 28th June which is before I even replied to her notice i.e 17th July.She has appealed for interim maintenance u/s 24 of Rs.5000 statin that I earn Rs. 75000(which is false).She claims it on the grounds of cruelty….u/s 13 (1) (ia)
I have completely lost my feelings in this relationship.feel its better to call it quits.If I put for a divorce what are the things I need to take care and do I need to give maintenance.What do u suggest as a smarter way to get out of this....
Also is it better to switch a job so that my old payslips don’t apply..
Am I eligible to give her interim maintenance…after paying my home loan I am left off with money equivalent to hers…. Also I need to support my parents and siblings.
Also what is approx fees of an advocate to fight for such cases.
Plz guide….
Anonymous
23 October 2010 at 19:30
Dear Experts,
In one of my case i am for respondent wife. her husband has filed divorce on adultery and cruelty i.e u/s 13(1)(i)(ia) of HMA,1955. in this case the husband has charged wife for adultery that to without co respondent. i would like to know that without co respondent can he charge for adultery. Do you have any supreme court judgement which states that co respondent is mandatory or matter will be dimissed
Anonymous
23 October 2010 at 17:50
Dear Counsels,
Is it possible to for a defendent in a civil case to rectify certain statements made in his counter affidavit filed by him.
Does Order 6 rule 17 of CPC apply for this case. Will the objection of after thought be considered although the defendent is not going to make any inconsistent statement. Kindly clarify.
Rakesh Patel
23 October 2010 at 17:44
Dear All,
I got married to a girl in mumbai. She was previously married to a Muslim guy and had divorced her on 31-10-2008. She was married to that muslim guy in 2003 and converted to muslim. I was involved in the divorce matter of this lady. After her divorce on 31-10-2008, she got married to me on 15-11-2008 i.e. in 15 days. morever she never converted back to Hindu before marrying me as per the Hindu Marriage act. We got our marriage registered in Mumbai. I dont wanna keep relation with this lady any more due to differences in our thoughts, religion and lifestyle. since we got married in 2008, till date we have lived together just for 2 months that too after 1 year of our marriage. what can i do to get a separation from this lady.
The first marriage was as per the Muslim Law for which the Girl converted to Muslim. The marriage with me was as per the hindu marriage act. She had not converted back to hindu before marrying me. Moreover as she converted to Muslim, she needs to observe the IDDAT period of 90 days before getting married to any other person as per the muslim Law. She did not do that.. what can i do to separate form this lady??
M.S.Bhalerao
23 October 2010 at 16:11
Dear Experts,
Whether and when CPC was ammended making it legal for the court to serve any Notice or summons using E mail. I shall be thankful if any one can give detail, In a attrimonial case the groom has deserted the bride and court summons is to be issued at his foreign adress where he has become a citizen of that country.( He was citzen of foreign country when married india bride) I have to put up before the local family court for serving of summons by E- mail I am a jnior advocate.
Thanks
Anonymous
23 October 2010 at 14:46
Dear Sir/Madam,
My name is NarendraSingh Chahar,i m from U.P.
Muje janna tha ki midiation kya hota hai dhara 498 ke tahat.
agar ladki midiation ke liye nahi aati hai to Rs.10000 ka kya hoga.wah kisko diya jayega
Tofan kumar sethi
23 October 2010 at 11:53
sir,
my father was passed away 2yr. later.He was working in a psu.For official work and other property related work i apply for legal heir certificate.In that certificate my grand father and grand mother add their name.Is that Correct to add there name ? and they they asking me that they have rights on my father's property. is also that correct? please suggest me.
thanking you.
Anonymous
23 October 2010 at 01:33
Dear All,
I got married to a girl in mumbai. She was previously married to a Muslim guy and had divorced her on 31-10-2008. She was married to that muslim guy in 2003 and converted to muslim. I was involved in the divorce matter of this lady. After her divorce on 31-10-2008, she got married to me on 15-11-2008 i.e. in 15 days. morever she never converted back to Hindu before marrying me as per the Hindu Marriage act. We got our marriage registered in Mumbai. I dont wanna keep relation with this lady any more due to differences in our thoughts, religion and lifestyle. since we got married in 2008, till date we have lived together just for 2 months that too after 1 year of our marriage. what can i do to get a separation from this lady.
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Cross examination
Learned Members,
In order to cross examine a wife about an alleged letter communication or an email,
is it mandatory that the letter or the e-mail need to be marked in evidence?.
Is it possible to put questions related to email or letter without marking the document as an evidence. Kindly clarify.
Thanks