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Law Querier   21 August 2016 at 09:54

Issue of law after striking off the stage of written statement

In Hindu marriage petition of divorce before family court, the respondent’s stage of written statement has been closed by family court due to non-filing of written statement though enough time granted to the respondent.
But, the divorce petition is non-maintainable and liable to dismiss according to legal grounds (issue of law).
Question: How can respondent take objection against the divorce petition (as it is not maintainable according to law) though his stage of written statement is struck off?

shruti   20 August 2016 at 20:48

Divorce

My friend's husband has file divorce in Ghaziabad. My queries are as follows:-1)From which website my friend can know the status of divorce case?2) my friend is from Hyderabad . What is the procedure of transferring divorce case from Ghaziabad to Hyderabad?3) can anyone one suggest contact details of SC lawyer?

gururaj gopal rao kulkarni   20 August 2016 at 16:30

Regarding 1/3rd maintenance for wife and supereme court rulings regarding this.

is it possible to claim maintenance from wife in case of divorace?
is there any rulings of supereme court rulings regarding this?
please send me supereme coudrt rulings.

Jyot   19 August 2016 at 20:16

Revision of family court's interlocutory order

There is a divorce case of Hindu marriage petition in Family court. A Respondent has not filed the written statement beyond the time limitation as he wants to do endeavors of reconciliation in the first instance before filing of written statement in respect of section 9 of The Family Courts act and section 23(2) of The Hindu Marriage Act.
However, Family court has not tried for reconciliation between parties, in spite of that, family court, in its discretion, has refused the application of adjournment for written statement of respondent and gave order for strike off stage of written statement of respondent.
Now, respondent wants to do revision of this family court’s order because the main objective of the family court is to do reconciliation between parties. There are various supreme court and High courts judgments which reported that endeavors of reconciliation do before filing of written statement in matrimonial dispute related suit and if reconciliation fails, respondent shall file written statement. But, the family court has strongly followed the civil procedures rules, in spite of, following objective of family courts.

1.Whether such order of family court called as Interlocutory order or not?
2.Can respondent do revision of such order of family court in same family Court?
3 Can respondent do appeal/revision in High court against the refusal order of revision in family court,if family court refuse the revision application of the respondent, ?

Anonymous   19 August 2016 at 19:10

mediation in contested divorce

Hi i have filed a divorce on grounds of cruelty on my husband as he refused a MCD. It is a case of DV and i am forced to file for divorce as my husband is too adamant to seek professional help or make any changes to his ways.
I have heard about mediation & really want to know if mediation/counselling is compulsory in contested divorce? My husband and i both are working in UAE so will we have to attend the counselling or can one of us skip it for any reason? I really hope it can save our marriage somehow and want my husband to be present.
Kindly advice

Bhumika   19 August 2016 at 15:56

How to prove adultory?

can the adultory be proved by the register of any hotel which shows that husband was spended 24 hours with his girlfriend. and call recordings in which the GF was accepting that he spent may nights with the so called husband. Please suggest how can i put a strong case before the court against the adultory along with the domestic violence

RJ   19 August 2016 at 02:07

Pending 13(1)(ia) hma- available options ?

Dear Experts,

Working mother, lived in an abusive marriage for 4years.
Now moved out and living on my own alongwith my minor female child and filed 13(1)(ia)

Steps I need to take immediately?

1) Do I need to separately file for child custody ? under what section/Act ?
2) Can I claim maintenance for my child ? under what sections or Acts?
3) Any interim relief myself/mychild is eligible for ?

Thankyou

RJ

Rohit mehra   18 August 2016 at 19:57

Wife filed 498a against me at her native place

Is it possible for my wife to file 498 a under circumstances when she is married for 6 years and was staying with me till last June. We had differences, we discussed for mutual settlement but later wife's family went back on words. They called my wife two months back and today they filed 498a and section 12 on me and my mother which is completely false. Is it possible for her to file this case at her native place where I hv visited last 3.5 yrs back on birth of my child? How can I about 498a I'd she can.....what is current process....kindly share your valuable feedback.....regards Rohit

Vishal jain   18 August 2016 at 17:16

Domestic violence act

hello..

in one case Last date of incident/cruelty and complaint by wife against her husband is in the year of 2010.

Since then the husband and wife are living separately not in communication with each other since 2010 till now i.e. 2016.

Query...
whether the wife can file domestic violence case against her husband, and is it maintainable, as there is a long gap of 6 years.

jaggdish   18 August 2016 at 09:58

Divorce based on rcr mediation fail

Hi,

i am staying in bangalore, my wife left my marimonial home on june 2014 and file false 498a and DV her home town. I have contest that case. i have filed RCR in bangalore. she came to court and 2 mediations are happended but she reject orally and case come up for trial. but in mean time she file transfer put no petetion on supreme court and got stay on my case. i am contesting that case in supreme court. but already 1 year over that transfer case but no result as of now.

but i am planning to file dessertion and cruelity grounds divorce petetion on here place because i am file here bangalore again she uses same trick apply and put my case on hold in supreme court.

my quiestion is we are officially sepearated for last 2 years that means
dessertion may happen. my advocate told to me contest divorce based up on RCR mediation fail and tranfer case to her place is dessertion. is it correct please help on this. most of the people suggest to clear RCR case and file divorce. but when transfer case cleared no idea.

Jagadish