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Anonymous   12 May 2017 at 13:01

Divorce

Hi.. I hv been married for two n a half yrs... I hv a one yr old baby.... I went to my moms place for delivery n after coming back to husbands place I found out that he is having an affair with his colleague...i hv given him enough chances... But I don't see him change... And he is least bothered about the baby as well.... Now I want to file for a divorce ...and we have done only church marriage not yet registered legally... My question is will this be a problem?
And if I file a divorce case will I not be able to claim for the baby's future???
Kindly help..

Radhika   12 May 2017 at 11:45

Divorce

My religion is Hindu. My husband married me in 2014 later I got a Tumor in my pituitary gland he left me in my parents house for surgery and never took me back . And when I was sick use to provoke me and when I replied I did via email. So he planned everything and left me. I suffered with 2 surgeries and radiotherapy . And I'm alone now managing everything without a job. Not able to work also. Husband has made up a story and false suicide cases against me in kolkata. Also I'm a masters from UK. So he is telling won't give any maintainanice. He is just leaving Me on grounds of emails and bad behaviour . That was due to surgery and they proving me when I was sick . Also he had planned everything and I had no clue. I need justice I'm just 30 years old. Ppl can't play with my emotions and leave me coz of some emails I wrote.Now on basis of emails I m blackmailed. Fact is I had suffered for 2 years and was recouperating and wanted to come back. Instead ppl cheated on me and now blocked me every where . He never took me to hospital or doctors or enquired about my health. Now in court he is telling he was tortured by me.

Rahul Bhatia Advocate   10 May 2017 at 18:41

Ex parte for not appearing personally for mediation/framing of issues.

Good evening experts:

I am a lawyer defending one of the respondents (husband) in a proceeding for divorce filed against him before the Family Court by his wife. The application of my client to seek the leave of the court to engage me as his lawyer was allowed by the family court. Thereafter, the respondent appeared personally with me and we filed the written statement and also the reply to the interim application for child custody under Section 26 HMA. The court then posted the matter to the next date for mediation and framing of issues. The respondent then did not appear on the next date which was fixed for mediation/framing of issues, but I appeared for the respondent in the court, which is reflected in the order. The order specifically mentions that the counsel for the respondent is present before it. However, the court has proceeded ex parte against my client, stating that due to his non-appearance the mediation could not be conducted and thus there is delay in the disposal of the case. According to me such an order is palpably erroneous, which should be assailed under Article 227 of COI. Can the respondent be proceeded against ex parte if he does not appear for mediation/framing of issues, but his lawyer is present before the court? I would like to know the views of my ld.colleagues on this forum.

Thanks in anticipation

NIMESH   10 May 2017 at 12:01

Regarding divorce case.

Dear Sir,

My sister filled a mutual consent divorce application in which my brother in law also signed the application but after wards at the time of oral confirmation he rejected and court written down the same on record.

The Mutual consent application stats that they both are living separate from 9 months and in his oral statement he confirms from 5 months. The court has given the date of six months and now i want to know in this situation what can happen and whether there needs to be 12 months separate living for mutual divorce and what next action i can take for the same?

Please suggest....

Thanking you in advance

KondalRao Balaprasunamba   10 May 2017 at 07:10

According to N. T. R rule

Father of my grandfather has some property. My grandfather has 2 daughters and 5 sons in which one daughter was elder then all and the other daughter is younger then all. First daughter got married before N.T.R rule came and last got married after 3 months N. T. R rule came. Do they get property share?

Kunal   10 May 2017 at 00:37

Maintenance is 125

Sir I'm fiting 125 crpc case in delhi, add interim order has been passed of Rs 5000 per month. Arrears are of 21 months , now I have got job details of wife and she is earning Rs 22000 per month . How can I stop or can get stay over arrears of 21 months that is Rs 105000. She already filled execution. Pl suggest how can I get stay on this money. I don't want to pay Rs 105000

Mukesh   09 May 2017 at 23:49

Right of step. Son.

Hi sir.

My self mukesh from ludhiana.

My first mother has been. Expired in 1998..we are 4 brother and sister..

After that my fthr got married now she has one son from 2nd mother.

My father is govt employee in bsnl. Dept..

He is retired in last year in 30 june 2016

He get aprox 25 lacs.....

Retirmnt bbenfit...

And my father has 4 property all. Are in. 2nd mother name......

Can we have any right in Property of 2nd mother and father retirmnt benefit

As son of first mother.....

Sir kindly advice's I m. In very fought situation sir

We wait for ur revrt

Contact no. 991511581q

annonymous me   09 May 2017 at 21:12

Divorce petition getting delayed

My wife has been in touch with her boyfriend even after marriage and she never accepted as her husband and never been in relation (physical) with me after marriage. After 7 months passed after marriage, she left my home and stayed with her parents. I requested them to resolve the issue mutually, but she and her parents never responded.
After which she filed a false complaint against me in women protection cell of police, wherein she was not able to prove anything and she didn't appear there after the second hearing.
After that, her father demanded money, which I have recorded on my mobile phone.
Afterwards, I filed a divorce petition in Vasai Court. Wherein her lawyer has appeared only in one hearing. After that 3 hearings have been passed without any appearance from their side.
Judge is waiting for WS (Written Statement) from my wife's side.
Kindly let me know the procedure to for speedy trial for my case, as already 7 months have passed since I filed a petition and I know that my wife or her lawyer is not going to appear in court, as they are aware that I have recordings of them.

Kindly suggest me at earliest.

Ekta chandra   09 May 2017 at 20:29

Filing of Divorce by mutual consent

We filed fr divorce on 4th march mutually. Our second motion is due in september. After 3 months my husband is trying to reconcile to which i have agreed. But when i asked him to withdraw the application, he said there is no need and it gets nullified if we dont appear. But Incase he again changes his mind then even if i go back i m at risk . Pls advice

harshit   09 May 2017 at 17:06

Maintenance 125 crpc

Dear expert,
My case ( husband) 125 crpc maintenance case is at the stage of cross examination and after that it will come on final argument.
In her application she has written i am unable to maintain her self. But recent for past two years she is contesting the MLA election 2017 and Gram Panchayat election 2016. I have got these election papers. inwhich she has mentioned all the information bank balance and also accepted that she is earning from tuition. I have submitted these documents in court.
my qsn. is that the court will consider these documents for deciding the maintenance ?
kindly advise some tips for final arguments.