Anonymous
08 August 2010 at 22:35
Sir, Iam NRI . I got married in 2006 in tamilnadu and filed for divorce in 2008 in the family court of chennai.
My wife filed an RC petition in her home town immediately after I had filed for divorce. She was trying to drag the proceedings in the family court of chennai.
So, I got an CRP order from the High court of chennai to complete the case within six months. Meanwhile, I had also filed for the RC case to be transferred from her home town to chennai on the grounds that Iam an NRI and my father (power of attorney given to him)is a heart patient (medical certificate provided to the High court of chennai)who will be unable to travel long distances.
Now, a high court judge of chennai has passed an order on my transfer petition that the RC petition cannot be transferred from her home town and further, he has ruled that my divorce case also to be transferred to her home town. Kindly note that there was no pray from my side or from her side to transfer the divorce case that I had filed in chennai.
Now, can I approach a division bench of Madras High court saying that the first ruling of CRP (finishing the case within 6 month)ultravires the second ruling of transfer of case from chennai to her home town and further and the judge has not considered the fact that Iam NRI who needs to pay hefty air travel fees or my father, a heart patient, has to travel around 700 kms.
Secondly, Sir, I would need your advices on "Irretrievable breakdown of marriage". Iam staying alone for the past 3 years and which can be proved using my passport. I know the fact that the "Marriage amendment bill 2010" has been introduced in the parliament on the recommendation of Law commission and Supreme court. The bill has two parts (mutual divorce = 13B, Filing for divorce if a person has lived apart for 3 years - 13c). I fit into the 13c. Sir, I came to understand that I can file an affidavit for "Irretrievable breakdown of marriage"as soon as the bill is converted to an äct".
Can u please advice me on these two issues? I would be grateful to receive your esteemed advices. Thanking you.
Anonymous
08 August 2010 at 22:33
Sir, Iam NRI . I got married in 2006 in tamilnadu and filed for divorce in 2008 in the family court of chennai.
My wife filed an RC petition in her home town immediately after I had filed for divorce. She was trying to drag the proceedings in the family court of chennai.
So, I got an CRP order from the High court of chennai to complete the case within six months. Meanwhile, I had also filed for the RC case to be transferred from her home town to chennai on the grounds that Iam an NRI and my father (power of attorney given to him)is a heart patient (medical certificate provided to the High court of chennai)who will be unable to travel long distances.
Now, a high court judge of chennai has passed an order on my transfer petition that the RC petition cannot be transferred from her home town and further, he has ruled that my divorce case also to be transferred to her home town. Kindly note that there was no pray from my side or from her side to transfer the divorce case that I had filed in chennai.
Now, can I approach a division bench of Madras High court saying that the first ruling of CRP (finishing the case within 6 month)ultravires the second ruling of transfer of case from chennai to her home town and further and the judge has not considered the fact that Iam NRI who needs to pay hefty air travel fees or my father, a heart patient, has to travel around 700 kms.
Secondly, Sir, I would need your advices on "Irretrievable breakdown of marriage". Iam staying alone for the past 3 years and which can be proved using my passport. I know the fact that the "Marriage amendment bill 2010" has been introduced in the parliament on the recommendation of Law commission and Supreme court. The bill has two parts (mutual divorce = 13B, Filing for divorce if a person has lived apart for 3 years - 13c). I fit into the 13c. Sir, I came to understand that I can file an affidavit for "Irretrievable breakdown of marriage"as soon as the bill is converted to an äct".
Can u please advice me on these two issues? I would be grateful to receive your esteemed advices. Thanking you.
Member (Account Deleted)
08 August 2010 at 21:30
I want to know the procedure for trial of a 498A case. we came to know of the charge against us when police came to arrest in July....what is the way forward chargesheet is not yet filed.
The case filed against me is false and I do not want to enter into any compromise with my inlaws and want to fight back in court. I want to know normally how much time it takes for the decision in a 498A case.
The had just mentioned in FIR that they spent 12L in the marriage though thats a exaggerated figure and second charge is that we asked for 20L from them and sent the girl back to get the cash.
third accusation that we have kept all the streedhan though she had carried all along with her so attracting sec-406.
fourth that we used to misbehave with her.
As witness they have written in the statement the names of her chacha, father , mother , and a neighbour as we asked 20L in front of them.
Though the facts are incorrect so I wanted to know how relevant are the statements of these people if they being from their side saying that we asked for money though its certain since they being related to them can say anything.
we have proofs photographs of a week before they mentioned we threw her out of being happy and wearing all her ornaments tht they have said are kept by us.
A bit concerned as want to know if the other party gets false statements from their relatives what is the defence available to us.
Usha Gupta
08 August 2010 at 18:40
Dear Sir,
I have been married at the year of 1979 Feb. At time i was gifted with gold jewellery from my parents and in-laws. But since my marriage my inlaws didnt give my gifts to me. Now they have even secretly transferred the ancestral property to one of his son only. So kindly please help me how i and my husband get back the gifts of my marriage time and the properties.
kindly please reply me soon.
Thanks
vinod bansal
08 August 2010 at 08:50
R/Experts
My petition for divorce by mutual consent is pending for arguments,in this petition at the time of 1st motion statement both husband & wife made a statement for divorce by mutual consent,A DD was deposited in the court as sattlement amount that is still in the court file,I am representing to husband,At that time of 2nd motion statement of parties,wife withdraw her statement by saying that at the time of her earlier statement(1st motion statement)she was under pressure,now she want to reside with her husband,kind of pressure is mentioned in her statement,what is legal preposition in given facts.Kindly refer citation of both sides,Thanks In advance
Anonymous
07 August 2010 at 01:46
i have heard that a girl automatically becomes half owner of the property of the husband,is it right?
What are pre-nuptial agreements ?
Are they valid in India ?
Anonymous
06 August 2010 at 15:21
Dear Sir, My mother has three younger brothers and two younger sisters.Her father has self aquired property and some ancestral property(self aquired 80% + ancestral 20%).Her father has not written any will. he is willing to give all the poperty to his sons but not to daughters.Do my mother have any right to claim the share in property.
Anonymous
06 August 2010 at 00:42
hai iam Ganesh i had married one girl in 2005 we lead like wife and husband for 7 days after 7 days she went to her house and telling that this is not a vaild marriage and her praents keept U/S 366, 376 on me in 2006 the court aqqiting me and in 2007 i keept case U/S H.M Act 9 in 2010 the gave judgement this not a vaild marriage but i am not having any proofs of marriage but she her self told that we married in one ganesh temple But i still i love that girl i want that girl and she also having love on me but she is in her parents cluches now i want to go to high court of Andhra Pradesh so please help me to wine in my life i am loveing her from 1999
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suicide by husband
Hi
I had a cousin brother who committed suicide due to his wife's daily fights at home and her parents' used to support her in that. after 4 years of marriage he committed suicide. he inherited a 2 year son. At the time of death my uncle held no one responsible for it. But now the girl's parents are saying that my cousin didnt had good character but its far from truth. Is there any provision in law wherein we can go for justice for my cousin or do the law supports only the women even if they are wrong ??