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Anonymous   08 October 2010 at 08:17

can i apply to diosmiss the application filed by wife u/s. 125 of C. R. Pc.?


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

need advice

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

Divorce and Annulment

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

divorce

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

appearance of party

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

Divorce

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.

abhay   07 October 2010 at 14:10

About sepration

hello sir/mam
husband n wife not living together sine last 5 years and husband all most left her . she don't know about him where he is . so how she can get divorce 4m him n she want to marry to other person . can she get marry 2nd to other man. plz give us advice .
then how can get divorce if he is missing

Anonymous   07 October 2010 at 13:14

About sepration

hello sir/mam
husband n wife not living together sine last 5 years and husband all most left her . she don't know about him where he is . so how she can get divorce 4m him n she want to marry to other person . can she get marry 2nd to other man. plz give us advice .

Anonymous   07 October 2010 at 13:01

Marriage Registration certificate

Hi All,
I got married in 2004 in Indore, M.P. Now I am staying at rented house in Delhi with my wife. We want to get marriage registration certificate. We have all documnents based on marriage i.e. invitation card, pictures etc. Now in Delhi I have only rent agreement & Gas connection as residence proof. Here in Delhi all documents are on my name i.e. my better half does not have any residence proof however she is having all relevant identity proof.
It would be great if anyone can help us to find the way to get the above.

Many thanks in advance.

Pradip Bhattacharya

Anonymous   06 October 2010 at 20:50

getting courts permission to sell property gifted to minor

How long does it take to get court permission and which law firm specialises in this kind of work. I live in mumbai.
Manoj