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j.s.sodhi   17 August 2009 at 00:02

o9 rule 13 of sec, 13 of H,M,Act

a lady has got an exparty divorce by filing sec. 13 and remarry and a child is born from new marriage. meanwhile previous husband /respondent has filed an application U/Ord 9 rule 13 of c.p.c . please advice me what is the law about this, is thr any case law that the setting aside of exaerty is of no mean at this stage,

Member (Account Deleted)   16 August 2009 at 12:53

Divorce

I was forced into a marriage by my father in 2004, stating that both my married sisters would be left by their husbands; and also that he would not pay for my college education.

For the first 3 years she had been living in my parents house, but in a separate room. After completing my graduation, i have been staying separate from my parents, and she has also left my parents' house from last 2 years.

I had tried for mutual divorce. Previously they had agreed, but now they are against it, saying that they will not allow me to marry again; and refusing divorce.

I already have a girl to marry, whom everyone knew about before this marraige; but for whom my family opposed.

I don't have any child from this marriage.
I never wanted to get married.

What are the options and chances of getting a divorce, and the time it may take.

I would be very thankful for the advice.

ad. creaminall   15 August 2009 at 14:44

maintenance and alimony

wife has left her matrimonial home since about last four years when she was pregnant. her baby is now about 3 or 4 yrs. old. after leaving her matrimonial home she never demanded any maintenance or never filed any complaint about crulty, dowary, harassment etc against her husband or inlaws. now suddenly she demanding maintenance from her husband when her husband has filed a petition for restitution of conjugle rights. i need your guidence and citation on behalf of husband to oppose the maitenance application filed by wife. plz. give me any citation if is available that wife can not claim maintenance if she living separately from her husband without any reason.

skanthahyd   15 August 2009 at 11:21

Guardianship of 14years old girl child

Greetings to all members and Indepenceday wishes to all.

My Brother was expired in 2004 leaving behind his wife, two grils aged about 9 years and 6 years then and dependent mother.
The elder child is with my sister since 6 months of her age. And she is taking care of everything of that child. The child is willing to remain with my sister and doesnt want to go to her mother at all.
there was partition case pending in the court filled by my mother for her share in my brother's property as she is dependent and my sister as guardian of the elder child of the deceased. The lower court dismissed the petition filed by my brother's wife asking the guarding ship of her elder child(now 14 years old) and her property who is growing up with my sister. Earlier about 4 years back the child herself told to the judge she wants to stay with her aunt and not willing to go with her mother. The same is marked by the judge. As the petition is dismissed by the lowercourt judge my brother'w wife is now planning to move to highcourt.

Now i would like to 1)whether the child opinion will be taken into consideration of the high court of not.
2) Is there any judgements regarding the case above.

Regards
Kantha

ad. creaminall   14 August 2009 at 18:41

maintenance and alimony

under what circumstances a wife can not claim maintenance and alimony. plz. give citation if any available.

laxmi   14 August 2009 at 16:51

property of my father

I asked you people in las quiry. that my brother is trying to capture all property in his name. I simply want to know if he did will his name what should i do. since i really do not want property share but i want my elder brother who is still unmarried since my brother know if he married definetly her wife can demand on his behalf. since he is uneducated and he sent out from family for last 15 year now my brother is 45 year old.whatever he earn he sent money to them AND his future is in dark. what action to be taken in this regard SINCE PARENT IS VERY OLD AGE 83 AND 75 ,


laxmI

PRAVEEN CHOUDHARY   13 August 2009 at 12:18

REGARDING FAMILY MATTERS.

Subject : QUERY REGARDING FAMILY MATTERS.
FIRST OF ALL, I WANTS TO GIVE THANKS TO ALL THE MEMBER THIS WEBSITE BECAUSE THIS WEBSITE MORE & MORE HELPFUL TO SATISFY QUERY AND TO INCREASE KNOWLEDGE. I HAVE ONE QUESTION REGARDING FAMILY MATTER. 1. WIFE FILED CRIMINAL CASE UNDER 498A AND 406 IPC BUT AFTER A FEW MONTHS SHE FILED APPLICATION BEFOR STATE WOMEN COMMISSION FOR RESTITUTION OF CONJUGAL RIGHTS . HUISBAND SAID BEFOR STATE COMMISSSION THAT HE WANTS TO RESTITTUTE HIS MARITAL LIFE ONLY IF HIS WIFE WITHDRAW THE CRIMINAL CASE. IN REPLY WIFE SAID THAT SHE IS READY TO WITHDRAW BUT FIRST HER HUSBAND RESTITUTE MARIATAL LIFE WITH HER . LATER HUSBAND DENIED TO KEEP HER. LASTLY STATE COMMISSION SAID THAT UNLESS CRIMINAL CASE UNDER SECTION 498A IS PENDING WE CANNOT DECIDE ANYTHING , SO THE WIFE'S APPLICATION FOR RESTITUTION OF CONJUGAL RIHGTS HAS BEEN DISMISSED. SHE IS READY TO WITHDRAW THE CRIMINAL CASE BUT HER ADVOCATE SUGGEST HER THAT SHE ALONE CANNOT WITHDRAW THE CASE. 498A IS NOT COMPOUNDABLE. CHILD IS LIVING WITH HER MOTHER. WHAT WIFE CAN DO BECUASE STILL SHE WANTS TO LIVE WITH HER HUSBAND AND HAS ONE CHILD OF 11 YEARS OF AGE ?
WHAT LEGAL STEP WIFE SHOULD TAKE?

raj   13 August 2009 at 08:13

right in property

in latest judgment of court daughter have same right in father property after married

PRAKASHCHANDRA MARU   12 August 2009 at 22:58

recovery of stree dhan

hello all learned experts
my client lodged the complainat u/s 406,498(A) 506(2) 114 and prevention of dowry act u/s 3 and 4 and demanded the recovery of the stridhan from the husband police demanded remand of the accused remand not granted and police declared before the court that mudamal streedhan is taken from her husband's home while she left the home of her husband court orderd in this way inspite of such order app not lodged the revision so complaiant given application to police for the revision then also revision not lodged by the police agency through pp afterwards complaiant given application to take appliction to the sp of police for the take action for the carelessness inthe investigation of the case of complaiant and revision till today the said application is unansweres what i shouls do ? domestic violence is usefull for it or other remedy in highcourt or in any other way note- husband with intention not accept any summons with the undueinfluence of the police pls reply thanks

Vikram Chandra   11 August 2009 at 20:40

Binding of Foreign Judgment in Indian Courts !!

Dear Sir/s,
Can anyone help me out with the latest apex court judgments which says that 'Foreign Court Judgments' are not binding on Indian Courts. Kindly Update the Judgment, I will be obliged. regards, vikram.