Anonymous
09 October 2010 at 09:55
Sir,
I filed a partition suit in the lower court and my sister got the entire property under the illegal will and got in her favour. I challenged in the High Court and my appeal was allowed by declaring the will in question is false. Now I am holding the decree for 2/3rd share in the property.
My sister is illegally possessing now also the entire property. As a decree holder and on the basis of High Court preliminary decree and I have been directed to approach trial court for Final Decree. I filed for final proceedings in the trial court, can I be able to claim my 2/3rd share in the property and also mesne profits from the date of filing of the partition suit till the final decree passed by the lower court.
Is there any chances of stalling/resisting the proceedings for final decree by my sister who has been allotted 1/3rd share in the property and to pay mesne profits to me. Can my sister stall the proceedings of the Final decree ? What are the options can I exercise under the constitution for restoration of my mother's property. Can my sister resist the execution of decree.
Kindly suggest how can I proceed in the court and under what sections.
Thanking you,
Yours faithfully,
M.S.N.
Anonymous
09 October 2010 at 04:02
Dear Experts,
Under hindu marriage act a very wide definition is provided for mental disorder.
There are pleading to the effect that the husband doesnt know the route for going back to home, didnt remember what food he ate and was sitting aloof in order to prove that he is not fit for marriage.
There is also further allegation that he had pre-marital love affair which he deliberately suppressed before marriage.
Aren't these two allegations and pleading inconsistent and mutually destructive. Inconsistent allegations of fact are prohibited under order 6 rule 7 of CPC.
Departure: No pleading shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same.
Based on the above prohibition can the allegation of mental disorder be struck out.
Please clarify.
Anonymous
09 October 2010 at 01:06
my wife has filed case for Restitution of conjugal rights u/s 9 OF H.M.ACT, The next date is fixed for argument in NOV 2010. If the case goes in favour of my petitioner-wife (1) Can the court order for attachment of my (husband) property on same date i.e on the date of rcr order.
In fact I have made submissions in court that I have not deserted her and I am willing to maintain her live with her, presently i sm paying her interim maintenance every month. (2) Pl. guide me at which stage in RCR husband's property be attached to induce husband to obey court's order to live with his wife.
Anonymous
08 October 2010 at 08:17
Dear Experts,
A husband and wife married in the year2007. In the year 2009, the wife under the influence of her parents, left her matrimonial home alongwith her two years old baby without any reason. Husband filed a matrimonial petition before the Hon’ble J. M. F. C. (S.D.) court, Maharashtra for restitution of conjugal rights. Knowing that wife filed an application u/s. 125 of cr. P.c. before the Hon’ble J. M. F. C. court, Gujarat for maintenance for herself and younger daughter. The said application filed after about 13 days from the petition filed by husband. In the petition filed by husband, the summons issued by court was send through R. P. Ad. was refused by wife hence presumed served. And even after service of summons wife failed to remain present before the court, hence the court kept the matter as Ex-parte. Petition filed by husband then ordered ex-parte by the Hon’ble J. M. F. C. (S.D.) court, and wife directed to co-relate with husband with in fifteen days. The application filed by wife u/s. 125 of C. R. Pc. is pending.
My query is that…
can I make an application on behalf of husband before Hon’ble J. M. F. C. court, Gujarat to dismiss the criminal application filed by wife as the husband got the order in his favour in his petition filed 13 days earlier then the application of wife, before the Hon’ble J. M. F. C. (S.D.) court, Maharashtra?
pl. reply me urgent.
Thanks in advance.
Manoj Choudhary
08 October 2010 at 08:01
Can Interim maintinance order be passed without any proof or witness by the judge of family court. I can prove cruelty of wife and her family members in court and also can prove that she is self employed. If interim order passed in favour of wife, is it Appealable, if yes do the husband have to pay some amount to wife before appeal. Do wife have to hire lawyer for that appeal as well
Anonymous
08 October 2010 at 01:37
Learned Counsels,
Can a husband seek the relief of annulment as well as divorce in the same petition before the family court.
the real question is
is it possible to plead the invalidity of marriage while also seeking the dissolution of marriage by a decree of divorce or by a decree of nullity.
please clarify.
Anonymous
08 October 2010 at 00:14
a christian boy after conversion to hinduism in arya samaj married to a hindu girl under arya marriage validation act 1937 on 10th sept 2010 but now the girl being tortured both physically and mentally by the boy ,wants to live separarely and independently so please suggest the quickest and easiest way to achieve the objective without any legal hurdles from the boy in future
jayachandran
07 October 2010 at 20:46
Hello
Anybody can answer me
Whether the appearance of a party is mandatory in the case before Family Court. If suppose any of the spouse live in abroad, what is the remedy. Kindly answer with details/provisions and any decision by High Court or Supreme Court in this subject
Anonymous
07 October 2010 at 14:58
I was married in May 2009, since March 2010 wife residing seperately can i file divorce ( what is the period to file the divorce.).In March 2009 I also file sec.9 but she is not attending any date till now.
I also want to know that New divorce ammendment i.e. irr.breakdown of marriage has implemented or not, if not from when it will be applicable.
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Demand of dowry and unwillingness to marry.
Dear Experts,
It is alleged by wife that the husband was unwilling to marry the wife and was forced to marry her. In the same petition it is also alleged that the husband demanded huge dowry.
Arent these allegation inconsistent. How can a person unwilling for marriage demand dowry to consider the marriage. Can the pleading of unwillingness be struck off due to the inconsistency.
please clarify.