A boy 20yrs and a girl 18yrs at time of their marriage 4 yrs back. Now they seek for divorce. Procedure to get divorce
sarah
01 June 2017 at 17:31
Sir
what is the different between STAYED BY HIGH COURT and MISC. PETITION PENDING.?
7 hearing passed still now from august 2016, always MISC. PETITION isPENDING in my file by family court.
How many times the judge can fixe an hearing while the case is pending before high court.
Please kindly inform me how long the high court can take time for a tranfer petition for a divorce case.
Thanks a lot
savi
My case is going on in court of dowry 498 and 313 . So my wife had registred fir against me and my family. We had taken stay order from court of no arrest for family who is in uttar pradesh i and my parents leave in maharasthra mumbai. Only me and my mom dad there is no stay order so is there is possible that there will be arrest order against us. In maharasthra because case is going on in uttar pradesh.But charges sheet is still not filled by police in court. Pleas let me know sir.thanks
Sir,
A friend of mine who has been married for the past 20 years as per muslims rights and ritual. The flat in which they reside is in the name of my friends mom. In 2010, husband caught his wife was caught having an extra marital affair with a boy who was unmarried at that time. Several SMS were found in her fone, the husband confiscated the mobile but she alongwith her mother were successful in erasing the messages. On questioning the wife by husband, she replied that it was all for money. When she was caught her mother and aunt approached her to help the wife and they were well aware that their daughter was wrong.They requested my friend to pardon her, she being tensed she may do anything to herself. However, after this issue the wife gave birth to a baby girl in 2011. The husband pardoned her for her deeds and continued the relationship. At times during small fight whenever this topic erupted over the fone, the husbad used to record the phone call wherein the admitted that she made a grave mistake and so on.
Further, in December 2015 when her husband was in Delhi for his step dads treatment, she raised an issue of infidelity that why the husband used to be online on whatsapp, husband told her why she used to be online. She then started gathering information about the husbands movement. Only on presumption that her husband talks over the phone for hours, he must be involved in an extra marital relationship. She even made her so called friend to follow him up, but nothing came out to be true. The husband has the record of the telephonic conversation with that friend of her wherein that guy clearly said that "meri chaahat alehda hai, mai tumko tumhara haq dilakar rahunga" apart from my liking towards you, I will try to give you your rights. Further, he gave false information to her that your husband goes to the bar with friends and he is planning to go Goa with other lady and so on. These talks are absolutely fake and false, my friend never entered into any bar neither he has the habit of drinking. If this thing would have been true then why the hell he did not give any photographic proof of the same. The husband has the proof of the same. That guy was just trying to elude her and take advantage. Further, the wife during the conversation, she requested him to get proof any how and after getting the proof she will ask the husband to go away and he will have no right on her, thats what she said in the telephonic conversation. It would be pertinent to note that in the husbands office there was girl who worked for few months, the co workers had a grudge on girl. Somehow, they got in touch with the wife and gave false information that her husband is having an affair with that girl. And ultimately the wife and her relatives got in touch with a lady who is a call girl and she blabbered fake storys before the wife and her relatives. The reason for doing so was that the office girl's dad was married to that call girl and they were into enemetical terms with her and girls family. She (call girl) got a chance to take revenge against her. The friends wife got a chance to taunt and torture her husband now and then. Since 2016 husband is jobless due to some partners issue of his step dad who is no more. Being jobless, he maintained his house core works as he used to do when he was with the firm. The wife is getting full instructions and support from her mom, aunt and brother. Their eyes are on the flat of her husband. Many times she even said to her husband that whatever right you have on the flat, I also share the same. She even took the sons into confidence that their father is having illicit relationship with many womens and she is left all alone and the sons are in full support of their mother. To be honest the husbands condition is very bad. He is being tortured mentally. Once, his wife asked my friend that how can aman stay away physically from his wife for so many months, the husband replied how can a wife stay away from her husband, a woman has more hormones than a man. You all may think that how do I know so much in depth, the reason being my friend has narrated each and everything to me.
The husband thinks that the wife and her relatives may get him fix in 498a and DV case in order grab the flat. They may pressurize the husbands mother to tranfer the flat on the wife's name.
What legal resort the husband has in such scenario?
Will the recordings be fruitful, to prove him honest?
Is there anyway the husband and can just intimate the local police station, to be on the safer side?
Does a muslim wife has 50 percent share on the husbands property?
Regards,
Mohammed Shaikh
Anonymous
31 May 2017 at 16:10
Wife files false dv after abandoning husband and son, husband files divorce on cruelty grounds and child custody case in his jurisdiction. After that wife sends private notice of divorce to husband to appear in the court. Allegations made in dv and divorce are same and wife has prayed for dissolving marriage and requested the judge to pass orders as the court deems fit. The court will refer the matter to mediation. What will happen if mediation fails. Both want divorce. Husband has no job. Son is 6 years old and in father's custody. Husband has to take care of his parents. What will happen in such a situation.
Vishal
31 May 2017 at 11:12
Respected sir,
Sir mere dada g four brothers and one sister hai. mere pardada gi expire ho chuke hai or meri pardadi gi bii expire ho chuke hai. mere pardada gi 1990-1995 in between expire huye the par unhone koi bi will ni ki thi jabki meri pardaadi g ek vaseeyat karke gye hai. saari property mere chote daada gi ke naam pe kare di jaye. jabki poori umar chote dada gi ne hi unko khaya hai.
kya ye vaseeyat ka koi matlab hai kyuki pardaada gi ne koi bi will nhi ki thi,,,
Srini
30 May 2017 at 10:34
Dear Sir,
good morning
I have approached court for divorce and custody of the child, wife has filed for MC u/s 125 crpc (after divorce petition) but she has never appeared in court MC process and court has issued NFT which is going to happen next monday. In her MC application she has mentioned that she is unemployed but in fact she is working somewhere but i am not sure whether she got the job before or after filing the MC. so far there is no order for Interim maintenance but am paying for the child.
I have filed counter in MC stating she is employed somewhere.(I do not have documents to prove this but sure she is working) and a copy of the MC she has filed before in High Court to transfer divorce /custody petition . she did not even produce high court order before family court to move files to court near to her residence , finally i have done that . is this a contempt of court ?
I would like to pursue the case against her , though her MC may get rejected if she do not turn in the next hearing.
under the above circumstances may I request your feedback on my queries please
1. when the court rejects MC due to other party absence, does that mean my argument -my counter is accepted by the court , can I base that to apply for further legal action
like defamation /or what other case can be filed against her for lying and mentally torturing me and my mother by stating false charges,
2. Do I have opportunity to State before court in next hearing(NFT ) that she is working somewhere and required further examine ?/ asking her bank statement as proof for fund transfer from my side.(paying for the child now too) she has claimed i have not paid anything.(does this apply if she do not appear ? )
3. If her MC gets rejected due to her absence do I have still scope for perjury against her ( but I do not know when she has got job but sure when high court order came she has job.)
4. is perjury is applicable only to her or also against her relatives for conspiring to state false things to get undue advantage.
5. If i gets her employment details before next hearing which is NFT , can I submit the same on the same day of hearing stating perjury (if at all )
if i gets after court dismissing the MC, can I still produce the document and request for perjury ?
7. any other suitable remedy under the law to prevent such kind people harassing people like me
8. Can I seek information from her employer about her employment status , after MC gets rejected is there any legal issue in that.
My friend take Notarized divorce dose it legally or they have to go through court and have to file and take dikri.
U/s sec 125 crpc
sir,
I have filed the manitenance petition u/s 125 crpc and I am professionally qualified but jobless as i am very weak and in to depression due to my unsuccessful marriage which last only for 2 months and my husband has thrown me out from his home and now i am residing at my parent's home. My husband is saying and given affidavit that he is 8th standard pass and ern only 8000 and live at one room on rent and could not pay maintenacee. Could you guide how to get interim maintenance. Also suggest some good lawyers for my case as my lawyers doesnot argue much and stand silent in the court and also now he is saying that you will not get any maintenance as he is earning only 8k and he has able to maintain himself only. Please give some judgemnts which can help my case at tis hazari