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?
Anonymous
20 May 2010 at 20:53
i am a govt employee(teacher).my wife deserted me one year ago for a seperate family for the cause of she dont want to take care of my 68 year old father.i gone for conjugal rights notice.after that she put a 498a case against me and my father.
1)is there the departmental permission need to arrest me?under what code?
2)rcr notice not enough to did not arrest me?i am ready for trial.
Anonymous
20 May 2010 at 17:40
Hi,
In case there is a joint party between husband and wife and the wife doesnot appear in court inspite of summons does teh husband get ex-parte divorce decree? In that case what does the court decide about the joint property?
Raj
20 May 2010 at 14:54
My friend got married two years back and she was forced to leave the house after 8 month of marriage, she had registered an NC wit the police station on the same day ( she wanted the relation to go on thats why she did not go for 498 A).Year later her husband had sent a notice and had applied for divorce. She then had approached the police station and had given a written application , the police officer is not ready to register an FIR. He has told her he wil send her written complaint it to the Goverment lawyer to seek approval. Can a FIR be registered after the case is filed in the court.
Anonymous
20 May 2010 at 14:48
My client Petitioner filed a M.C in the 1982 against her husband and she has been getting maintenance from 1982 enhancement petitions filed allowed and going on.. But the Respondent will retire from the service who is a Govt. servant in Road & Buildings Department (Attender)in the month of September, 2010. Can the Petitioner attach the gratuity, Provident Fund and other benefits of Respondent? If yes, is there any case laws reguarding this case. Please kindly suggest me case laws and how should we attach the respondent benefits. The petitioner is very poor old woman.
Waiting for quick reply.
Exparte divorce set aside.
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….
.