Anonymous
06 April 2010 at 21:45
hello sir/mam
my elmoney case is in family court. my husbund is came in the court with more 3 lawyers it means total 5 laweyrs are there, i can't understand why he took 5 laweyrs is there any problem for me.
Trinadha Rao
06 April 2010 at 20:05
(and that there is no legal ground why the application should not be granted,)
Que.1.Need simplification of the above Text within the Brackets from Section 9 of HMA details of which is as under?
9. Restitution of conjugal rights.- (1) When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
walia
06 April 2010 at 17:59
plz explain me what is meant by RCR in law. plz gave me its full form?. thnxs in advance
hari
06 April 2010 at 17:30
i have been living seperated since 11 months from my wife,how shold i apply for divorce and what are the procedures to be followed i have 2 kids they r living with my wife
Anonymous
06 April 2010 at 14:04
i have filed divorce for mutual consent. I am currently having custody of 5 and half years child. She is very happy with me and does not feel like meeting father inspite of me convincing. She is aware of his nature of cruelty and hates him.
Anonymous
06 April 2010 at 05:50
Sir,
Can my daughter ask the Hon'ble Family court to issue a notice to the original petitioner on his official address (as his residential address is not known) to attend the court.He is being represented by his GPA.The petitioner has not attended the court from filing OP till date.The OP was filed by his GPA.Kindly advise.
harish
05 April 2010 at 21:45
I had got ex party divorce on 18.11.2009( filed on 12.5.2008) through proper channel from family court,lucknow.She had fully/ truly knowledge regarding this divorce petition.She has singed in summon- acknowledgement which is attached in court file.i have already paying 7500/- per month towards 125 crpc maintenance from past 16 months.
I have got decree of divorce. Still i have not got marriage.
Now she has filed for Restoration of Ex-party divorce after four months, only for linger on divorce.
Pl. help me what should i do....
Can i move a writ petition against this restoration in Highcourt ?because it is not mentinable in eye of law.
bhanu pratap720
05 April 2010 at 19:47
there is an unregistered family agreement. the wishes of the testator has been carried out and the petitioner is in possession. mutation application moved under section 34 of u.p. land revenue act but rejected . reason given is that it was necessary to file a suit under sec 176 of up zamindari abolition act , 1951. appeals under Ss 210 and 219 also rejected on same grounds. the argument here is that a family settlement should be construed liberally even if is unregistered . and secondly the petitioner is in possession and others co sharers have no objection. hence the judgment order passed by the lower authorities should be set aside by a writ of certiorari. KINDLY PROVIDE ME WITH CASE LAWS ON THE FOLLOWING POINT. I WILL BE EXTREMELY GRATEFUL
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Restoration of Ex-party divorce after four months,
Dear sir,
I had got ex party divorce on 18.11.2009( filed on 12.5.2008) through proper channel from family court,lucknow.She had fully/ truly knowledge regarding this divorce petition.She has singed in summon- acknowledgement which is attached in court file.In petition she has mention that
1)-In attached acknowledgement,my singed is vague/false/faque ( i know, that is true she has already play game, her signature is not matching and totly deferent).
2)she says i have not received any summon by post man.
It is not true she had receved three summons.
In this regard to prove as a evidence can i get the all receiving certified copy from post office through RTI ?
Apart this still i have Two strong evidence to prove that her restoration is not maintainable.
A)- I have I have certified copy of mediation /arrest stay of high court lko PETETION- 498 case under queshig of FIR, ,which i had sent during this period in which she had received as a annexure of divorce petition. she had attended the medeation in h.court (four month period from feb 2009 to july -2009.)
B) second evidence is that again i had sent a petition through High court on 22.1.2010,( under queshing of Chage sheet -498a case) in which i had attached a copy of ex-party divorce as a annexure.
in spite of these sufficient knowledge of divorce, she has not contest the divorce.
can these document are sufficient to prove that she was having sufficient knoledge.
Pl. suggest me how can i win this restoration weather it is mentinable or not ?
I have got decree of divorce. Still i have not got marriage. Now she has filed for Restoration of Ex-party divorce after four months, only for harassment/linger on divorce.