Anonymous
22 December 2009 at 19:38
Hello Respected Experts !
I would like to know your advice on the following matter:
Wife gets divorce in family court. Now husband wants to appeal in upper/High Court against this judgement. I would like to know what one should write in plea so that husband's application gets accepted in High Court. What are the chances that high court accepts the application and give chance to hear husband?
Thanking You
Anonymous
22 December 2009 at 11:41
at the time of filing second motion, it is noticed that age is incorrectly mentioned. there is two year extra they have added. is this will make any difference or create any problem in future?
Please advice
tamil
22 December 2009 at 11:23
Please help me:
I am 29 years old. My husband is working as lecturer and i am also working as a lecturer. He applied for the divorce before 2 years. First he asked to join with me that time i had a major ectopic operation. So i could not able to join with him. So he not pressed and applied for divorce. In the mean time , i got one news about him. He had illegal contact with one lady and he cheated 2 college girls and he blackmailed the girls that he is revealing the softcopies in net. That article came in Junior vikatan. So now i am also want divorce from him. But is there any possibility to take any action regarding that article and can i have maintenance from him?
Advocate.S.A.Siddiq
22 December 2009 at 10:37
A divorce muslim women filed maintance case under Muslim women divorce and protection act and followed she had also file 498a,506(i), sec 4 of DP act- case against divorced husband . in this situation how can easily face that cases.
Anonymous
22 December 2009 at 08:06
Both my parents were my dependant till my father was alive.After his death,my mother refused to declare herself dependant on me and filed a partition suit against me.This partition suit is still being contested.Before disposal of this partition suit,can my mother file maintenance suit under CrPC or Parental Maintenance Act claiming maintenance from me?And if she does so,can the court force me to pay money in lieu of providing for her basic needs(which I'd prefer)?Is a married daughter liable to pay equal amount towards maintenance of her parents?
PPBiswas
22 December 2009 at 07:51
1.Whether a lawyer can be appointed to represent an expatriate son in a maintenance suit in Maintenance Tribunal filed by his mother or not?It is clearly mentioned in the Parental Maintenance Act 2007 that no legal representation is allowed.
PPBiswas
21 December 2009 at 23:41
1.Whether a lawyer can be appointed to represent an expatriate son in a maintenance suit filed by his mother or not?
2.How can a son settled in USA reply to summons from maintenance tribunal if he is unable to come to India.Can he give a written reply by post or email to maintenance tribunal and would such a reply be acceptable to M.T.?Can he send any blood relative to M.T.to represent him?
3.How can an expatriate son seek more time from M.T.without coming to India and how much time may he get to appear before M.T.?
4.If this suit is deemed as frivolous,can the son demand adequate compensation and expenses from the petitioner?
Nishit
21 December 2009 at 18:58
Hello Everyone!!!
I married 1yr ago with Love+arranged and registered marriage. Me and my wife had good relationship for first 6months. We were weekend couple as were together living every weekend since marriage, else I was staying alone at my flat and she stayed with her parents at her own flat. As both are working professionals we had small fights also. But since she met her new colleague at her office tour at different location in same company, she is daily in touch with that guy. He is 4yrs younger than her, both talks for hours and sends 50-200 sms to each other daily. She is doing this since after 6months from marriage or since her meet with him. When I objected this she asked me to provide her freedom and understand corporate lifestyle or else leave her. Later on she stopped physical relationship with me (4months back). Then I came to know from her friend that my wife is having affair with that guy and both meet regularly at third place in name of office tour or office work. We don't have any child.
Now current scenario is that:
1) My wife wants divorce on urgent basis with reason that my nature is not understanding & not providing freedom.
2) My in-laws are with my wife's side as they need her salary, they have clearly told me about salary income from her matters to them even after marriage.
3) Everyone from her side denies her affair with her colleague(they call it as good friends only), but I have call/sms details of their early relation time. From which any one can conclude huge flow of call/sms at midnight means affair only.
4) They have threatened me to give urgent divorce and they don't need any money from me else face legal complications or they will suffer me.
5) My wife says that they have filed NC case against me, but I'm not yet enquired by any police nor received any copy of NC from them. (I was heavily depressed when I came to know her contact with colleague so I called her and told that I'm going to harm myself in case you will leave me for that guy, so she filed NC saying her hubby going psycho and can do suicide, this is her narration)
My problem: I'm not ready for divorce and as I know her nature, I know that she will change her mind and soon come to know that she was on wrong path or misguided and took divorce decision in angry mood.
I have met 2-3 local advocates in my case every one says to resolve matter internally or go with mutual divorce. But her family is not at all interested to meet me or my family. In any case I don't want to loose my wife. I think all issue raised due to lack of mutual understanding as weekend couple, which can be resolved by time and not by divorce. And divorce should happen only if they had real affair or physical relations. Also I have not filed any case or complaint against her. We met/stayed together 4months ago, since we have not met.
My questions:
1) Are cruelty(NC case) or non-understanding person proper bases for filing divorce against me? (I know she can file many false allegations on me including dowry)
2) If she files divorce after 1yrs of marriage (which is just completed) how I can come to know about divorce case filed or not? As I don't stay at my residence where marriage took place and was registered.
3) Me and family insisted to family meet to resolve our matter since last 4months but no response from her side. They kept telling that there is no use of meet and wait till completion of 1yrs(for divorce proceeding). Can my wife file case against my family as we followed up with her family for meeting?
4) If my wife has affair with her colleague under name of official work (as per her phone details and confirmation from her friend) Is there any way where I can request court to order retrieval of SMS (actual SMS content) and calls details of both cheating persons? After retrieval of SMS content or call/mobile location or investigation details of both cheaters can court understand my side or punish the culprit?
Please help me here.
Many Thanks in advance...
Anonymous
21 December 2009 at 16:25
Dear Sir,
I wish to clarify some doubt relating to HUF partition.So Pl reply in this regard.Your immediate reply will make me glad.
Regards,
S.Jegadeesan.
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suresh
hi sir,my file filed a petition in family court saying that she has given dowry and she wants that back without asking divorce,in her petition she is saying that her parents gave me jewels along with 3 lakh rupees and they gave me 50 thousand. all big big fake.what should i do my neaxt hearing is jan 14 th.i am an nri.i dont know what to do.