Santosh kumar Sonker
31 August 2010 at 21:37
sir, kripa bataye ki mera ex parte divorce 21/10/2009 ko ho gaya.meri wife ne divorce ka 27/07/2009 ka jabalpur(MP) family court ka notice lene se mana kar diya aur kanpur ke thane me 498a ke tahat 02/08/2010 ko FIR meri family or 13 logo ke khilaf darj karwa diya.maine allahabad high court se stay liya stay chargesheet tak raha. chargesheet bhi pesh hui usme police ek bhi naam nahi hataya sabhi ke khilaaf chargesheet pesh kar di.maine chargesheet ke khilaaf allahabad high court me apeal ki parantu high court mediation and concilition centre me case pahucha diya. mere case divorce 21/10/2009 ko ho gaya aur maine local court se 21/08/2010 ko dusri shaadi bhi kar lee. ab aap mujhe bataye ki aise me kya hoga. high court ka order yah hai-
"Heard learned counsel for the applicants and the learned A.G.A.The dispute seems to be between husband and wife. Having gone through the record, I primafacie find that the parties should be given a chance to settle their differences on their own terms
through the process of mediation and conciliation.Let this order be placed before the Registrar/Inchargeof 'Allahabad High Court Mediation and Conciliation Centre'. The Registrar/Incharge of the Mediation Centre will issue notices to both
the parties fixing a date for their personal appearances at the centre before the mediator by the Organizing Secretary of the Mediation Centre.
Mediator/Conciliator is allowed three months' time to find a possible solution of disputes between the parties.
The case will be listed before the appropriate Bench in week commencing 29.11.2010 along with the report of conciliator. The applicants are directed to deposit Rs. 10,000/- at the Mediation Centre within one week for the expenses to be borne by respondent no. 2 and he will also take steps to serve respondent no. 2
through registered post within three days form today. The applicants undertake to appear at the Mediation Centre on every date fixed for mediation.
Meanwhile, further proceedings of Case crime No. 1031 of 2009, under Sections 498A, 323, 504,506 IPC and ¾ D.P. Act, P.S. Kalyanpur, Distrt Kanpur Nagar shall remain stayed.In case of default in deposit of Rs. 10,000/- or to appear before the Mediation Centre on the date fixed, whichever is earlier the stay order shall stand automatically vacated.
The report of the Mediation Centre will include a note about the deposit of Rs. 10,000/- and appearances of the applicants on the date fixed at the Mediation Centre.
Order Date :- 11.8.2010
Anonymous
31 August 2010 at 13:11
Dear All Experts,
I am going through mutual consent divorce (actually forceful divorce with help of fake 498a) through my wife’s advocate. We have filed our case 2 months ago at district sessions court. Also as per my advocate’s words we (both parties) have paid total fees of Rs.21000 as advocate fees.
Now after 2 months also advocate is not providing me any details of my case processing, hence I visited court for case status, then I came to know that my hearing date is in Jan 2011 (where I will get final decree of divorce). I have enquired about first hearing in court, counseling process, cooling period, etc, but didn’t get any proper info.
In my petition, advocate has mentioned almost 99% fake reasons of divorce & my fake residential address. Also all incidents cited in petition are imaginary. I had to shut my mouth due to 498a demon.
We have completed 1 year as staying separate & completed 1.5yrs for marriage.
We have not exchanged any cash to each other as alimony or maintenance or stree-dhan, which is mentioned in petition. I need full & final divorce from my wife which can not be revoked by her in any circumstance.
1) Now my concern is, is above mutual divorce process legal (or as per law), as we skipped few steps (might be power of money we paid to advocate)?
2) If not then, After passing final decree of divorce, Can any of petitioner cancel above said divorce on basis of wrong method of handling of divorce?
3) After passing final decree of divorce, Can my wife file 498a against me (even if I don’t contact her by any media)?
4) Also my wife had filed 2 fake NC cases against me last year, are those cases dropped automatically as we have filed mutual divorce case in court? (this was told me by her advocate)
Requesting you all experts & counselors to guide, help me here. Awaiting your reply.
Member (Account Deleted)
31 August 2010 at 09:47
I had applied for a stay arrest from Allahabad High cout and referring the case to mediation centre we were granted arrest stay upto Oct 1st week. The mediation date has been fixed for Oct end which falls after the date of our stay arrest.
what is the procedure to get the arrest stay extended from Allahabad high court as the mediation date is later than the date to which we have stay arrest.
How much would it cost and what is the procedure and how much time would it take. Please advise.
Anonymous
31 August 2010 at 09:30
Sir,
I have filed partition suit in the Trial Court for partition of the suit and other reliefs. I have not mentioned at what rate mesne profit will be claimed. The suit was dismissed in the Trial court for not challenging the will. I appealed in the High Court. The High Court allowed my appeal by proving the the bogus will as null and void and passed preliminary decree and given orders to approach Trial Court for final decree and claim past and present mesne profit to the extent of final decree.
Can I now claim the mesne profit along with the partition of the land from the date of filing the partition upto the date of final decree. What is procedure for claiming mesne profits.
Please kindly advise about the sections where I can claim my mesne profits.
Thanking you,
Yours faithfully,
M.S.N
Anonymous
31 August 2010 at 00:49
Ld counsels,
In a case where wife files an annulment petition alleging fraud and impotence against husband, but husband came to know that it is the wife who had commited fraud on marriage.
In such a circumstance if a compromise had to be achieved can it be AGREED by wife that the marriage may be annuled on the grounds of fraud committed by wife by supressing the financial conditions of her family and unwillingly married the husband only on the instance of her parents. Will the court accept this proposition and annul the marriage on the ground of fraud. There are material evidence to prove fraud as well.
In return husband will relinquish his demands for jewels given to her during marriage. Please note details regarding jewels were all already stated in the counter affidavit by husband. Hence there cant be any collusion between parties.
Can these terms be explicitly mentioned in the compromise deed.
Kindly give your expert opnion.
Anonymous
30 August 2010 at 16:55
I want facts of the case 'seema v. Ashwani kumar' (2006) 2 SCC 578 in brief whereby the supreme court made registration of marriages compulsory.
Swapna Santosh Raut
30 August 2010 at 14:47
if we want to file a complaint against a handicapped (deaf)and drunker who is tocher his family, what to do in this regards
kaushikphm
30 August 2010 at 13:24
Dear Sir,
We filed a application for probate of will and it was converted to TOS later. Executor and one witness were examined. Also, examined the advocate who drafted this will. As per his evidence, he neither present during execution and registration of will, but he said that the intestator was in sound mind and health. Please advise whether his statement affects the probate.
Jawahar Rayar
30 August 2010 at 07:41
Dear Sir,
I am a Class-I officer in a central government scientific organization. I got married with a girl on Mar 2009 and she is working as an assistant medical officer (Class-I). We gifted a child on Dec2009. Now my wife wants to leave me, without legal separation. This is due to the fact that, her family financially depends herself. (widowed mother, abandoned but not legally divorced sister, a brother with no permanent income and a brother with class-IV service). I love my wife and daughter and I want to live forever with them, but I could not stop my wife from her decision. They are about to leave me with in a month. How can I react in this situation?
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