Law Querier
26 April 2017 at 08:38
Wife is petitioner. Husband is Respondent. Petitioner lives in foreign country. Respondent lives in India. Petitioner filed divorce petition under cruelty ground through power of attorney holder in family court, India. There is no signature, verification and affidavit of petitioner herself on divorce petition. But, it is made by power of attorney holder. Petitioner never appeared in court till date. Family court has also not called petitioner. Respondent filed his written statement. The Issues are framed. Now, on chief-examination/evidence stage, petitioner did not appear in court to give deposition/chief-examination/evidence. But, her power of attorney holder has given deposition/chief-examination/evidence. The family court has accepted and recorded the deposition/chief-examination of the power of attorney holder of the petitioner and in rojkam (Roznama) court writes that the next stage is cross-examination of power of attorney holder.
Now, Respondent wants to take objection for deposition/chief-examination given by power of attorney holder because this is matrimonial matter and cruelty is personal in nature and power of attorney holder cannot depose about the facts which are in personal knowledge of petitioner.
1. But, some advocates advice that to take cross-examination of power of attorney holder and prove that he has no personal knowledge about the case. Is it advisable?
2. If respondent wants to take objection about deposition/chief-examination given by power of attorney holder Whether he object in same family court or approach to high court directly?
Vivek
26 April 2017 at 01:36
Can I marry, my mothers fathers mother married twice her first husband had 2 kids, my my grandfather and his sister, then after his death she married her husbands fathers elder brothers son in that she again had 2 daughters in that the second daughters daughter got married to any family she has a daughter so I want to marry her can I do that. In short my grandfathers step sisters daughters daughter is my girl can I go for it. Please make a note she his step sisters daughter
pratyusha
26 April 2017 at 00:20
i am an m.tech graduate married to an sbi employee 3 years back and we are having a 1year old daughter.last year my husband got promoted as scale one officer and he had a traineeing for 1month in hyderabad and jabalpur.This changed my life,i dnt know what happened there he started to behave strange weird,he started avoiding me and our child and maintained a personal life in the mobile phone..on the valentines day i saw found a msg in his watsup he msged i love you to a lady called rachana...when i saw the num in true called it was shown that the num is from mumbai and that women is also working in sbi who was one in that training...when i asked why did u put such msg to that women he lied that its just for fun and told that,that lady is diversed and was in mental depression...after 2 day i found the mumbai tickets and a hotel room bill in his purse...i directly asked him and he said that he just went mumbai for get together..he lied to very for every thing i asked...again now he went to training where that bitch is also coming...i came to know this from one of my relatives working on sbi...he is not behaving like my husband he is planning to get me and my child out of his way....what should i do now
Chinu
24 April 2017 at 20:46
Dear Sir,
Myself Chinmay from Odisha seeking your help / guidance in following matter, Kindly Read thought out and Guide :-
(a) i am a defence personnel. I was in deep love with a girl since 2006 and during 2010 i came to know that she had relationship with a other guy. she then denying her involvement then confessed about her relationship. Though i was in a stressed environment i used to talk with her even further knowing the facts but during that time she also promised she will not keep relationship with that guy and also never tell me to marry her. i accepted her words though i had acquainted her words and without talking her makes me irritable. After that also i found she had links with that guy and many others, we kept fighting on those issues and she used to quote i won't marry you then why you interfer in my personal life. Our relationship was just in a mutual consent and promised to stay apart from the day she get married.
(b) I had relationship with her. In 2015 in early January she told me she was pregnant and tell me to give some medicine to abort. when i asked about how you got pregnant then she replied you are the one who make me pregnant, when i told her that i was on leave before 4 months and had not in relationship in recent past then how you pregnant now. i don;t know you made me pregnant and help me to get rid of it or i will make you arrest. In a puzzle state of mind i took leave to show her to a doctor and the day i was accompanying to a doctor her uncle (who is working a leading news agency) saw us in the road. aftermath i fled away then her uncle asked her and she told the truth as she told me later. Then her uncle called me and warned me either you marry her or she will commit suicide and i will make your life hell and make you jobless. I was totally alone and i couldn't tell anything to anyone after 3 days finally i made up my mind to marry her but before that i told everything to her uncle about her relationship with other guys in past. Then her uncle assured me she will not commit such mistakes again, if she do so he will be responsible. Then they took me to court along with the girl and her father and uncle they told me to do court marriage, i agreed and then their hired advocate made two affidavits named marriage agreement and affidavit in which they wrote that i got married to her in a temple by exchanging garland on a specific date and living married life from last 3 months, i opposed them do so though i am ready to marry but i didn;t have any advocate so they told me what is wrong in this, do you want to leave her?? then what is the problem in this. It will prove as mettle if your parents deny the marriage in future. so i agreed and signed the documents. After almost 40 days i was again called to the court to make my presence in front of DM. However, that day the advocate failed to produce me to DM so i came back. After that i was not allowed for leave and the dates were over.
(c) Sir, then i again called for court marriage i didn't understand then i told i have done the formalities and what is now. when i refused to go and asked them that i am going to marry her in next 6 months though i convinced my parents and her to marry in front of all. Then the girl avoided me not even talked to me and contacted me. After few days i came to know she is in relation with a other guy and after some day many more i found to have relation with her. Even with unknown name she used to talk to my younger brother told him that she loves him and talked with him for a year without my knowledge. when i came to know these all i told this matter to her parents and her uncle, they advised me to get married to other girl and she will marry other guy. she was happy in her life and i was not in her contact since September 2015 but now when my parents are trying to fix my marriage she is intervening and saying neither i will marry nor i will let you marry. And she has applied for false voter ID by showing the affidavit, which is mistaken as marriage certificate. She is now destroying my social image by saying she is my wife.
(d) Sir, i haven't married her in any temple. On the date when the temple marriage was shown i was on duty and didn't even came out of campus. I am not even sure that she was pregnant or not but she told me she aborted later. None of the witness shown in the affidavit known to me 1. her father 2. advocate's assistant. She is a Anganwadi worker.
Sir, Kindly Guide some way how can i get rid of this situation and what type of case she can file on me in this matter and what i should i do to easy my legal proceeding. Can I marry to other Girl and register my marriage though i haven't married yet. what is your guidance....Please please please Help and Guide
Regards
Chinmay
Mounika
24 April 2017 at 13:02
I and my husband applied for mutual consent divorce on Jan 24 2017. The lawyer who is handling our case is my husband's friend and he said that the next hearing date is June 3rd 2017 with gap of 4 months and I called to our lawyer and asked how can it be possible within 6 months of period. He is saying all nonsense it can be possible and then I asked him for the proof of date that was given as next hearing and he is telling it is not possible to get the proof. I even asked my husband about the doubts I had he is also repeating all the things what our lawyer said to me, I'm thinking that they are cheating me with the fake details so please help me with these.
My question is
How can the hearing be within 4 months and case status is also not showing in online while I have searched with the filling number given by our lawyer and also he said filling number and the case number will be same.
Thank you
ramesh
22 April 2017 at 15:48
498a running lower court trail but recently dvc file same allegations in498a what i should do hlp
ramesh
22 April 2017 at 15:38
498a running lower court trail but recently dvc file same allegations in498a what i should do hlp
Saurabh Sharma
22 April 2017 at 10:56
My mother is a fourth stage cancer patient , my father left us 8 years back. 2 years back he filed a divorce case on my mother in kanpur because he wants us to struggle. My mother is in delhi getting herself treated since last 3 years due to which she was unable to come in the case hearing except for first 2 or 3 proceedings. But now we suddenly came to know that the case is going through x party proceedings in the favour of my father which has shocked me and my mother. My mothers lawyer didn't informed any of this to us ever. So now we are in a big trouble as my mothers costly treatment is based on the medical card which was provided by air force because my father was in air force earlier. If the divorce is granted she will not get any benifit in her medical treatment in future. Please somebody help us please.
Search for good lawyer
Sir/ Maam
Plz suggest Expert divorce lawyer in District court Pune .