Anonymous
14 July 2010 at 18:20
i am an nri once if i receive the divorce papers from family court by my wife and if i am not appearing in the family court,what will be the judgement.if i am not receiving my divorce papers and sending back with an endorsement saying out of station ,what will be the procedure.if she gets exparte divorce based on cruelty will it affect my 498a proceedings weeker
Anonymous
14 July 2010 at 17:24
i am an nri,10 months back my wife filled 498a against me and my family members and she filled a fake case saying that i took 9 lakhs (including gold and ornaments).judgement came in favor of my wife to give 7 lakhs,after the family court judgement soon she forwarded her divorce papers from family court which is been sent to me through registerd post.as i am going for an appeal in the highcourt for 7 lakhs,my advocate says dont receive the registered paper instead he is telling to get an endorsement saying i am out of station.so that the petition will be sent back to the court and inform her to file a fresh petion.will it be agood move,since i too not planning to live with her.can it help in highcourt appeal against 7 lakhs case.still my 498a pending ,if she gets exparte divorce on basis of cruelty,will it affect the precomming cases like 498a etc.how it can be solved,please suggest me.
Anonymous
14 July 2010 at 13:51
Married on 19th SEpt,08, got remarried on 27th feb as per rituals in front of family.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, (which is hardly 1/5 th of mine).Also she is talking about being a co-applicant, While 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 dont know how to react to this wherein she is not even ready to co-habitat or asking for divorce.I am really not sure of her intentions.How can I save my hard earned money and my house.Also plz guide how I can come out of this.Thanks
Anonymous
14 July 2010 at 10:00
Sir,
My mother died intestate leaving behind myself, my father and my sister. Before my mother's death I was staying in Bombay. When I want to stay in the house of my mother's property my refused to share the property with me. I file a Partition Suit in the Trial Court and due to my wrong advise of the counsel I lost the case. Then I approached High Court. The Hon'ble High Court was pleased to give judgement in my favour. The Will in question was held invalid and untenable under the law. The High Court gave the following order.
appeal is allowed and there shall be adecree of partition granting 1/3rd share each to the plaintiffs (father &son) and the defendant (sister) as sucessors of my late mother with regard to the suit schedule house. Further there was mesne profits past and present and extent of final decree the plaintiff shall approach Trial Court which shall be determine by causing enquiry and pass appropriate orders."
Now I came to know from my relatives that my sister is moving Supreme Court by placing Additional Documents and praying for Interim Relief.
My doubt is, will they succeed in getting Interim Relief by placing additional documents and praying interim relif ?
What about the mesne profits past and Present given by the High Court ? Will the Apex Court ignore the mesne profits involved in this case.
I have not filed Caveat in the Apex Court. Is it possible for me to file Caveat in the Apex Court ?
In what situation Interim Relief is provided to the appellants ? Is it arbitrary or by rule.
Please kind advise me on the above I will be grateful for your advise.
Thanking you,
M.S.N.
Anonymous
14 July 2010 at 08:55
Dear Sir,
I have filed the petition under section 9 of Hindu Marraige Act on the behalf of my brother in the Disrict Court against his wife for grant of decree for restitution of the conjugal rights as she has left the matrimonial house without any reasonable cause
The Court has issued summons and has fixed for the next date of hearing
If on the next date of hearing if his wife falselly alleges before the court that she is ready to come to matrimonial house
Please inform whether court can dismiss the petition merely on his statement?
If the petitioner(who is my brother) wants to pursue the matter whether court can provide him decree?
Regards
Anonymous
13 July 2010 at 12:22
Hello all learned experts
A mohmaddian lady married in Gujarat with the person who lives at abroad she lived abroad after the passing the some time her husband told her to go india for the surprise visit so she came india with the parcel which was given by her husband her husband inforemed to her open the parcel when she opened the parcel surprisely she got the written deed of divorce written three time “ TALAK TALAK TALAK “
After the few days phone came of her husband and her husband given talak orally on the phone
Now I would like to lodge the complain under the provision of the domestic violence act but my confusion is that what other steps should be taken place for the serving the summons on the husband
If any other act is required to refere with the connection of the said matter pls help me this type is my first matter
Regards
Anonymous
13 July 2010 at 11:48
hello all learned experts
a mohmeddian lady had taekn place mairrage with the person who is lives aboard after the mariiage she was taken with him and after passing the some time he inforemed her to take visit india so she come out to india and when she opened the parcel ( the parcel was sent with her by her husband saying that some things for the relatives )sho found the letter stating the talak ( divorce ) and after the phone came on her and her husband given talak on the phone now i would like to lodge the complain under the provision of domestc violence act against that person who lives at nizeria pls give me guide lines for the serving notices and other extra if any things is required with this matter
for the proceedings in the aboard if any act is required pls inform the name of the act so i can refer
Anonymous
12 July 2010 at 18:14
Dear All,
I would like to request your indulgence in answering my query pertaining to the rights of a Hindu Widow in succeeding in her husband's self acquired property - whether the same gets devolved absolutely or she has to share it with other children if any.
Thanking you in advance.
Best Regards
Anonymous.
If i am getting Rs.30000 per month from salary and in that case if i filed divorce then how much amount will be given my me to my wife as a maintenance per month. Plz tell max amount and other any settlement amount is there which will be given one time. Plz tell how can i save to give max amount per month as maint to my divorcee wife and how can i save my earning and property. I am in a pvt job. And case will run for how much time in court.
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