Anonymous
22 May 2010 at 17:27
Sir,
I had obtained and ex parte divorce from my wife, But since I didn’t know where she was residing after she left my house my lawyers sent the summons to the wrong address, he also sent out a public notice through national news papers but again these news papers are not circulated where she stays. Now she has approached the court for maintenance as well as setting aside the divorce decree.She has appealed to the court after 5months as she was not aware of the divorce being granted.My lawyer at the time of my divorce had also mentioned that I may remarry after a period of 30 days which I did. He told me that if I remarry the court can never reverse its decision. I have a child with my ex wife but have not gone ahead with having a family with my current wife. My question to you sir is..
1. Can the court reverse its decision and If my ex wife succeeds in winning the case will that mean she and I are still married in the eyes of law?
2.If my ex wife proves the wrong address will my current marriage be null and void.
3. will the court not consider my current wife’s situation?
4.Can my current wife or my current wife’s family appeal against the decree of divorce since they married their daughter to me on the basis of this decree? my current wife and her family knew about my divorce?
5.Can the court force me to live with my ex wife if I don’t wish to?
6. According to my lawyer I remarried after 30 days will that also add to my problems?
Kindly help me….
.
Anonymous
22 May 2010 at 17:04
Resp Sirs,
My father was a Member of "Sarvodaya Nagar”, a trust for housing scheme since 1966, where nomination was in favour of my mother.
My father expired in 2007. My mother does not intend to give me a single penny from the estate of my father, even though she is merely a nominee.
I am given to understand that a Nominee is merely a trustee and a caretaker on behalf of all the legal heirs. A nominee holds no legal rights and has no ownership rights.
My query is :
• Whether membership can be transferred in favour of the nominee, my mother, after lapse of more than 4-5 years, without obtaining NOC from all the legal heirs including me?
• Can my mother, as mere trustee sell the membership right either without my consent OR without giving me my share in the membership?
. What will be the recourse available to me, if membership is transferred in favour of the nominee - my mother, and she in turn sells the membership, without my consent or without giving me my share in the membership.
Kindly help me in the matter.
Rgds,
Anand.
Raj Pandey
22 May 2010 at 15:24
Hi,
My friend is married to other caste tht too luv marraige.Boys side have taken money cheque few amount in laks for marriage expens and jewellery.
Now aftr few days girl father started interfering in and the girl dont want to wrk,she use to have fight with all.Girl usd to go to parents place without notice.They used to threaten for Dowry case and DV act
Then one fine day girl father and my friend had fight.Girl side quietly filed case n cout and then girl also came to my friend place and didn say anythn abt the case.
Now again one day the girl father came and beaten boy an took the girl away and she go hurt int his proess and girl father made the medical case and for using in futue .
Now they ask us t give some ammout in return of divorce which we dont want OR
Girl say she wont go out of the city even if the husband job tarnsfer(after utual consent resolve of issue). she is stayig with her father and dont want to coem back
Pl suggest w to do and few good lwyer in that area.
have got few queries.
1.How strong is our position and can you pl explain RCR little bit
2.The girl side has given notice in court 6 months back and if we File a RCR then they will come to know abt it and if they go ahead with 498 a and DV act then what to do (as i dont want to get anyone arrested)
3.Any good Lawyer in Jamshedpur area
4.The girl father has made case that she has been hit by boy in the eye and if the girl also side with her father then what are the boy chnace.There was one more boy there and if he says opposite of that girl father/Girl then are we good to fight it
How to handle checque in this...as girls side is making strong point with that(Prob Dowry case)
Any good Advocate # or contact will help
Anonymous
22 May 2010 at 15:06
Sir,
I had obtained and ex parte divorce from my wife, But since I didn’t know where she was residing after she left my house my lawyers sent the summons to the wrong address, he also sent out a public notice through national news papers but again these news papers are not circulated where she stays. Now she has approached the court for maintenance as well as setting aside the divorce decree. My lawyer at the time of my divorce had also mentioned that I may remarry after a period of 30 days which I did. He told me that if I remarry the court can never reverse its decision. I have a child with my ex wife but have not gone ahead with having a family with my current wife. My question to you sir is..
1 Can the court reverse its decision and If my ex wife succeeds in winning the case will that mean she and I are still married in the eyes of law?
2.If my ex wife proves the wrong address will my current marriage be null and void.
3. will the court not consider my current wife’s situation?
4.Can my current wife or my currect wife’s family appeal against the decree of divorce since they married their daughter to me on the basis of this decree? my current wife and her family knew about my divorce?
5.Can the court force me to live with my ex wife if I don’t wish to?
6. According to my lawyer I remarried after 30 days will that also add to my problems?
Kindly help me….
.
dipankar
22 May 2010 at 13:12
I HAVE A MARRIAGE PHOTOGRAPH,AND 2 WITNESSES FOR MARRIAGE WITH A GIRL.NOW SHE IS DENYING MARRIAGE.CAN OR HOW WILL I PROVE MARRIAGE IN COURT.
Anonymous
21 May 2010 at 18:35
A client/Husband has filed a RCR petition before a family court in 2008 against his wife who had separated from his household to live with her mother, along with a female child. He has also filed an IA for custody of child during weekends. Thereafter, in 2009 the wife has filed a divorce petition and has recently filed a petition for maintenance. All the cases are likely to be tried jointly. Meanwhile, the wife has also preferred a complaint before a magistrate's court under DV act, seeking protection order and monetary compensation (including maintenance) for loss of earnings and other expenses. Clarification from our experts are requested in respect of the following issues.
1) Is the relief of maintenance sought before a magistrate's court under DV Act maintainable in the light of a similar petition u/s 125 Cr.PC pending before a family court ?
2) Is the whole case before a magistrate under DV Act is maintainable in view of the pendency of RCR & divorce petitions before a family court?
3) what will happen to the child custody petition filed by the husband and the maintenance petition filed by the wife before the family court in case the husband concedes the divorce petition, as well as to the case filed against the husband and his relatives by the protection officer (on behalf of the wife) in the magistrate's court?
Anonymous
21 May 2010 at 17:37
I want to know that my father in law has debarred my husband vide newspaper from his property. on 1 st june on 13 th june they filed for divorce and shown a false rent agreement dated 10 th june ,that i am was staying on rent with him,despite they have thrown me out of the house with their muscle power.i have filled for 125 crpc and dv reliefs.can i have any right of residence in my matrimonial house.and how to contest for divorce ,i dont want to divorce him,he had applied section 13 a mental torture. rekha gupta
Rajneesh
21 May 2010 at 16:28
Third parties particularly bona fide purchasers meet obstacles from heirs in many ways (such as in cases of preemption,maintenance charges, accounts for profits, challenge to alienations etc) I would be grateful if someone could provide me with a concise account of the position of laws in different laws [Hindu, Muslim, Christian and Parsee(any or all)]relating to succession..
Regards
Rajneesh
Anonymous
21 May 2010 at 12:09
My friends mother has registered a will giving her house and vacant piece of land to her and her sister and leaving out her son (maaried and living in USA) on the gronds that he has not beeing supporting the family in India. Two daughters are unmarried. The property was built by the mother's earnings.
Now the brother is forcing the mother to give him also a share of land or bldg. Is it better to get the property registered in the name of daughters as gift from mother to avoid any further complications later on? Can the will be challenged by the son?
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
RCR and demand for money
I send RCR notice to wife who left home a month back. I got reply of RCR stating I am mentaly unsound and she dont want to live with me. Also she said while working abroad she deposited her salary in joint account and I used that money for purchasing shares. ( @ 30 L INR).without her knowledge. That is not true amount was very less and it was on her name only i have statement.Also as it was joint account many day today expesnes were done from same. Can Indian family court decide over assests earned and disposed abroad? Joint a/c was in US and it was operated and closed as per US laws. I am filing for divorce now and need some clarity.
Thanks