Damayanti
16 January 2016 at 19:59
While drafting an appeal for a person who lost RCR case filed against him by his wife, in SYNOPSIS of Appeal if I again "repeat" the same story which was narrated by wife in her Original petition, then is it not hampering/dampening the case of appellant?
I want to start (list of dates/events) and re-shape the synopsis in such a way which would tell 'his' story and not 'wife's story' again i.e. from the 'date of filing of RCR petition' by his wife and events thereafter and 'what caused him to lose his case and infirmities in decision'
Grounds are drafted concisely.
But there is confusion over contents in Synopsis (which starts from of fate of separation of spouses' and thereafter the 'date of legal notice' and 'date of appearance' in court)
My senior (who does not practice in HC) raised this objection that synopsis should start from 'date of marriage' and also should include the period of 'cohabitation as well'.
I am struggling to exactly understand how to draft synopsis in this case.
Can anyone please provide me with a draft/sample docket of Appeal in Family Court Appeal in BOM HC.
Thanks in advance.
RAGHUNATHAN PILLAI
16 January 2016 at 16:29
Sir, I had filed a divorce petition in family court for divorce. In the petition I had given my wife's name as Sinthu RK (which is her official name now). But her name in the marriage certificate filed in the court is Sindu RK. My wife didn't contest the petition in the court, hence it was set exparte and the petition was granted. Actually, she deserted me six years back and there is no contact between us. I have received my divorce decree in which her name is written as Sindhu RK. Now I want to get her name changed in the divorce as Sindu RK which is same as on the marriage certificate. I wanted to know if it is possible ? Then what is the procedure. Thanks in advance.
deepak
16 January 2016 at 13:33
What is the importance of women cell final report in a case
Member (Account Deleted)
16 January 2016 at 12:31
In Kusum lata case judgement delivered in 2015 by Js Honble J R Midha Delhi High court ordered a detailed afidavit by both parties regarding their financial assets, income and expenditures so as to arrive fast at requirement of maintenance and amount. This format is being blindly used by courts and lawyers for each and every case filed.
Is this detailed affidavit relevant and required in case of seeking protection order and residence order in house owned by husband?
Though Domestic violence act clearly lays down resquiremtns of filign a simple Form II given in rules istefl for moving the court and seek variuous reliefs, courts insist on traditional petitions like in criminal or civil cases thus making it a tedious and long drawn case whereas domestic violence act lays down that a complainant or even a third party or police can prepare a DIR and file Form 2 and statement of victim may be recorded by magistrate and relief awarded.
But so many papers are insisted by courts making it difficult for a ordinary woman to seek justice which is directed to be given in 60 days
I request senior experts to kindly clarify on 2 points raised above
i.e if maintenance is not sought is detailed affidavit required to be filed?
Is not form 2 and form 1 sufficient to start case by magistrate and record comedienne of victim and give relief? like for residence order /protection order
akhanmohmd
15 January 2016 at 20:05
Respected Sir/Madam,
i gave divorce to my wife in 2012,(she left me without notice for long time as her lifestyle did not match to that of mine and she was waiting so that i should give her divorce and she can put a false case of dowry and harassment).... so after i send her divorce she immediately filed a case on me....after filing the case she got married to her home servant maids son...i cannot attend the case hearings as i have job abroad...so i thought of settlement ....but she and her family is asking for settlement money and also to sign documents that i should not meet my two kids (sons)...or later file a case asking for them....the question is...can she ask settlement money and ask me sign such documents??? second question ..does the case have same strength she has filed on me or it has lost all its importance after her second marriage???....i kindly request the experts to look into my issue and kindly advice how to proceed...and what steps to be taken...as i dont want to loose my job as i am the only earning person in my family...
Thank you
akmd
Nasir Ahmed Basha.K
15 January 2016 at 19:46
Dear Lawyer,
I have married a divorcee one year back. I want to apply for a fresh passport to my wife and son. My son age is 5 years. I am not the biological father of my son. In my son passport father name should be mine.
Please suggest me what are the legal documents need to submit to the passport authority.
Regards,
Ahmed
praveen
14 January 2016 at 22:27
Hi, actually my wife given birth to baby girl and she has got a stroke and dead.actually I want to take care of my daughter, but they are insisting to do so. What I should do for this to get my daughter back.
Goutam Bhol
13 January 2016 at 20:57
Dear Friends,
I have a specific query that when a christian husband is deserted by his wife for about 2 years can he file a suit for divorce under section 10(1) (ix) of the Divorce Act? There is no other ground for divorce. What is the remedy and procedure?
In case of any further clarification I will do the needful.
Shivanand havalgi
13 January 2016 at 14:20
Dear sir
Here I am lakkappa had second marriage and first marriage got divorce after one month of second marriage now who can file the case to make second marriage as null and void as after my second marriage second wife filed 498a and 307 so now I want to make this marriage as null and void.plz reply
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Can i transfer my case due to long distance journey
respected lawyerclub members;
my name is anand [hidden name]
casses running on me by my wife from 2013 - 498a, 125, and 125 maintenance execution at her place which is around 250 km from my place
my medical treatment is going on since 2012
anxiety issues, heart problems, depressions
- can i appeal to court so that the case get transfer to a court nearby my hometown
- could all the cases get transfer
- what will be the time period to get the transfer order (as i have already wasted a lot of time)
- how to proceed