dheepak srinivasa
04 April 2010 at 07:26
Dear All
I am having visitation order for seeing my child but my wife is not following it .
I have filed 3 memos in the Family court bringing it to the notice of the Judge and even after the Judge telling her to bring she is not bringing.
She has the audacity to file a counter memo stating that I should fix appointment with her for seeing the child even though vistation order is in force.
At this stage I am planning to file a memo to STRIKE OUT THE DEFENSE IN HER Guardianship petition under CPC 151.
If anybody has any judgments in this regard please forward it and also your feedback in this regard will be highly appreciated
Anonymous
04 April 2010 at 03:52
SIR,i wanto know what will happen after the child is 5 years old?how will the custody of the child decided?Am the mother n Dr ,will be earning no doubt.
Anonymous
03 April 2010 at 15:27
Hello,
I have a query regarding exparte divorce.
i got a divorce granted by the maharashtra district court on the 2/1/2010 as per the exparte order.
My lawyer had initially filed the petition as per domestic violence act and had sent a notice which was recieved by the other party.
The summons sent by the court was denied by them but we had a proof that they had not recived the summons but stay at the mentioned address. They did not turn up even for a single hearing..
Now its post 90 days. I am not sure if My ex Husband is aware of the divorce judgement as he and his family keeps on emailing/calling me/my family to know about the divorce status. I am not sure about telling him about(however i want to as i want to get rid of his harrasment) the same as he is a psychopath. He may be telling that he is wanting the divorce more than i do, however given as chance may appeal against the judgement, just to put me in trouble.
I want to know
1) If the opp party is informed about the divorce by the court through a summons?
2) If not, Would it be safe for me to let him know?
3) i have read over the internet that ppl are advised to go for a normal divorce even after exparte as the opp party can contest the decision anytime(even after 90 days). Is it true?
4) In my case, divorce with mutual consent will not be possible as the guy will not agree to it. Please advice whats the way out. I really dont have the time and the energy to go through the same pain of going to the court again and again...
looking forward for you reply desperately....Pls help...
Regards,
Raaj
Anonymous
03 April 2010 at 12:20
iAm maternal uncle who was decided legal gurdian of orphan minor childern agianst paternal grand ma of childern in district court which was Appealed in high court unde first appeal which was dsposed saying
'This is Appeal filed aginst impunged jedgement passed distr court. in view of section 47 of GUrdian act 1890,it would be Appeal from an order and the not first Appeal which would be tenable. In view of that First Appeal be registerd as Appeal fro order and may place before approriate bench'please simplify what does that mean?
Anonymous
03 April 2010 at 11:10
In many family related Suits the last page Prayer include asking for the Costs, What exactly are Costs can any one explain in detail? if at all court pass these costs what would be the final impact cost?
Anonymous
03 April 2010 at 08:31
1.Please explain difference between Adultery, Going to Sex Worker and Living Relations?
2.In all the Three cases their is High risk of Getting AIDS(HIV).Legally these Allegations are very difficult to Prove yet they posses highest Health risk to Other Partners Life, Why does Courts does not consider these parameters suomoto ,when Deciding up the cases u/s Section 9 of HMA for Restitution of Conjugal rights and reconciliation of Divorce cases, the above is True for Both the Partners whether wife or Husband.
Anonymous
02 April 2010 at 19:53
A delhi based man gets married first time and due to incompatability between the husband and wife, they get seperated by signing a deed of divorce and NOT Decree.
This man gets married again with another lady who was also a divorcee and had a decree.
This lady and her parents were shown the guy's "Deed of Divorce" from the first marriage.
They kept a copy of it and then agreed and got married as per Hindu rituals, the man had entered his status as "Divorced" in the form submitted along with the documents of Deed of Divorce from first marriage to the Trust which arranged for the marriage.
They got the marriage registered and there the man had ticked as Divorcee.
Due to oversight by the Marriage registrar,he did not ask for Decree of the man. The marriage got registered.
The girl stayed for 1 month in matrimonial home and then started showing her true colours by harrassing and finally going back to her parents and filed a case for cruelty and claimed as dependant and asked for heavy amount as Maintenance.
The girl prior to her marriage was working as she is well qualified Engineer and her current work details are difficult to be found.
It was then learned by the man that this lady did the same thing during her first marriage as that marriage lasted for just 1 month and tried to exploit and get easy money.
The man's intention were not to keep anyone in dark, and due to ignorance and lack of legal advice he did not get the decree from the first marriage.
The first wife has not raised any objections and may now be ready to get the decree legally.
My Question is:-
1. Is this second marriage valid?
2. Can the man file for Nullity or will have to get the decree from the second wife?
3. How does the man safeguard himself from charges of bigamy and how should he protect himself?
4. Does he have to pay maintenance even if the marriage is null & void?
5. Does he have to pay the maintenance even though the secodn wife is well educated and was working prior to her marriage and the same has been accepted by her?
Please provide your advice and also sight any Legal Family Court/ High Court Orders for the same.
Thanks.
Anonymous
02 April 2010 at 12:24
Please confirm that effective Sept 2003, Section 28 Hindu Marriage Act provides limitation of 90 days instead of 30 days for filing of an appeal under the act.
dr.nasim kumar
02 April 2010 at 12:03
PLEASE CAN YOU GIVE ME THE SUPREME COURT RULING OR TELL ME ITS REFERENCE ON IT WHICH IS ABOUT CANCELLATION OF MAINTAINENCE OF WIFE IF THE RESTITUTION OF CONJUGAL RIGHT IS DECIDED IN HUSBANDS FAVOUR.PLEASE GIVE ME .
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
strike out the defense(Matrimonal)
Dear All
I am having visitation order for seeing my child but my wife is not following it .
I have filed 3 memos in the Family court bringing it to the notice of the Judge and even after the Judge telling her to bring she is not bringing.
She has the audacity to file a counter memo stating that I should fix appointment with her for seeing the child even though vistation order is in force.
At this stage I am planning to file a memo to STRIKE OUT THE DEFENSE IN HER Guardianship petition under CPC 151.
If anybody has any judgments in this regard please forward it and also your feedback in this regard will be highly appreciated