Sunil Sharma
29 October 2015 at 18:42
M 32 year old married man,got married in 2015,since my marrige my mother in law was living at my parents place,due to my parents age & illness ask my mother in law to give us some time & compermise a bit & stay at her elder sistet,because of the same matter got disturded & my wife with her mother start living at their place,our every trying thing failed in last 6 months or so,neither she coming back nor giving any sign of divorce,what legally I can do
javed
29 October 2015 at 10:59
What to do to recover intrim maintenance which is granted under sec 23 of dv act?
ashish
29 October 2015 at 10:37
Guardians and Wards Act 1890 under Section 7
Applicant - Nana-Nani Respondent – Father
Case History –
1. The age of girl child is 2 years 45 days and her mother has died. The girl is with Nana-Nani.
There is no criminal allegation on her father (Respondent) and their family but Applicants say that before and after marriage her daughter was residing with them and she was working in health department till death. Her daughter never reside in the Respondent’s home and by birth, the minor child also living with them.
2. Non applicant denied their allegation and presented 105-page documents as an evidence.
3. The process of cross examine (5 person/evidences) has finished for the applicants. They did not submit any documents to prove their allegation. Although during the cross examine they have accepted that their daughter used to reside few days of every month with the Respondent and his family, the minor also born in her grandparents' house, all the rituals related with the minor completed in grandparents' house and a Grand Birth Day party was also organized in the grandparents' town by the Respondent.
Cross examines of Respondent and his friend has finished but other 2 are pending.
4. On 22.09.2105 after the cross examine of Respondent and his friend Trial Court passed the interim custody order in favour of Respondent and directed the Applicants to hand over the minor to Respondent before 5.10.2015 and inform the court on coming hearing date – 15.10.2105 and this order will have no effect on the final disposal of the case.
5. On 30.09.2015 the Applicants challenged this order in the High Court, W.P. (227) No. 820 / 2015. Here they alleged that the father is habitually heavy drinker, chain smoker, poor, has illegal relations with other women and prayed for stay of Interim Order. Respondent asked 3 days time for the reply then High Court fixed the date for next hearing on 8.10.2015.
6. On 2.10.2105 the female friend of the Applicant filed a false complaint regarding molestation and atrocity against the Respondent (father).
7. Police refused to register FIR before any enquiry. Police found it fake on the basis of mobile tower location and we also have submitted sufficient evidence in the Police Station that the lady and Applicants are well known for each other while that lady is unknown for us)
On 6.10.2105 in the Trial Court Applicants submitted an application of 151 and requested that they have submitted a petition in the High Court for the stay of Interim Order. Application granted and fixed for the debate on 13.10.2105.
8. On 8.10.2105 when Respondent submitted the reply of their allegation Applicants requested for stay against Interim Order and need 3 weeks time for the reply. High Court rejected their request of stay regarding Interim and fixed the date for final hearing after three weeks.
9. On 13.10.2015 the Judge of Trial Court is on leave and next hearing date is 19.11.2015.
My queries –
1. What action the Trial Court and Applicants lawyer can take?
(Because as per the system first of all we have to submit the reply of 151 and same time we have to inform the Trial Court regarding non compliance.)
2. How can we take advantage of the false complaint done by the Applicants?
3. Please tell us, if you have any citation regarding the compliance of Interim Custody Order before final hearing in the Trial Court.
Jyot
28 October 2015 at 22:46
In one case of family court, Petitioner from foreign country filed divorce petition through her power of attorney holder under the ground of cruelty. The POA holder has appointed a lawyer for court proceedings in family court.
The respondent does not want divorce and he wants to sustain their marriage life. He wants to do conciliation with his wife in family court. But, the family court did not refer the matter for conciliation to the Counsellor according to family courts act and rules and insisted the respondent to file his written statement.
Then, the respondent did not file his written statement. But, respondent filed an application-X under section 9 of the family courts act after 200 working days of respondent’s notice excluding public holidays. In that application-X, he is requested to family court to try for conciliation with his wife according to section 9 of the family courts act.
But, by mistake, the advocate of petitioner understood that the application-X is according to Section 9 of the Hindu Marriage Act. So, by mistake he wrote on respondent’s application-X that the application-X is for Restitution of Conjugal rights and this type of application could be filed separately and could not be filed in the suit of the divorce.
The hearing of the application-X filed by the respondent is still pending.Now, the advocate of the petitioner has filed an application-Y to close the stage of written statement of the respondent after 140 working days from the respondent’s application-X and after 340 working days from the respondent’s notice.
The Judge has permitted the last date to the respondent to file his written statement and insisted to respondent to file his written statement on next date without fail and told that if respondent does not file his written statement on last date, the judge will close the stage of written statement of respondent. The judge has also decided to do hearing of application-X on the same court date which was filed by the respondent.
Now, the advocate of the respondent is still insisted to respondent for not filing of written statement of respondent on next court date. The advocate of the respondent tells to respondent that as the hearing of the application-x filed by the petitioner is pending, he does not want to file the written statement of the respondent.
I am from the respondent side. I am afraid of close the stage of written statement and ex-parte divorce. I am very confused and cannot decide what to do?
Question 1: Should respondent ready to file written statement on the last and next court date given by judge of family court? OR the respondent should agree with his advocate for not filing of written statement on next court date & wait for hearing of application-X?
Quetion 2: Does not conciliation mandatory in family court? What can respondent do if he wants to do conciliation with his wife and family court does not refer the matter for conciliation and insist for written statement although the respondent has filed the application-X for trying of reconciliation according to section 9 of the family courts act?
A walk alone
28 October 2015 at 21:03
Is there any period of framing charge according to SC in 498 a ?
Venkat
28 October 2015 at 17:05
Sir, pls guide me as going through trauma as the date is getting postponed of the opposite lawyer being away. We are done with mediation process and signed the divorce in front of mediator with few agreements.Just wanted to know how it goes ahead after this and what is the next process. Pls guide and help me.
DALJIT SINGH
28 October 2015 at 07:30
My wife is leaving seperate with son age 18 years with another man. Divorce case HMA 13 filed by me is under trial in court(adultery,crulity,desertion).
NOW:- Can I summon my own son living with wife and is it possible to cross examin him in the court.
please suggest and encode suitable order or judgement.
Member (Account Deleted)
27 October 2015 at 14:57
Hello All I have one query.
What is the procedure for filing cheque bounce case
Manoj Ahuja
27 October 2015 at 12:06
Hi, once divorce has been granted by family court and all cases attached to it stand withdrawn and dismissed, on Mutual Consent, is there a minimum wait period before 1 can get married again? My Judgement copy doesnt say anything about an Appeal Period or waiting period. Below are additional details :
Year of marriage :2009
Seperated in:2010
Period of seperation: >4 years
Divorce officially granted on mutual consent: Oct 2015
All other cases: withdrawn
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Family settlement
मेरे दादा रामबिलास के दो पुत्र राजकुमार व मोहन और तीन पुत्रियां थी.मेरे पिता जी राजकुमार है । राजकुमार को मेरे दादा रामबिलास ने अपने भाई मामराज को गोद दे दिया था। गोदनामा registered है. राजकुमार को मामराज से कोई भी प्रॉपर्टी नहीं आई थी. राजकुमार जन्म से आज तक अपने नेचुरल माता पिता के साथ रह रहा है.राजकुमार के हर revenue रिकॉर्ड मैं father name Rambilas ही आता है जैसे की Rajkumar S/o Rambilas .रामबिलास ने वसीयत की हुई थी,जो उनके मरने के बाद उनकी प्रॉपर्टी उनकी पत्नी सोना देवी के पास आ गई थी. सोना देवी को जो प्रोपर्टी रामबिलास से वसीयत से आई थी उस प्रॉपर्टी को सोना देवी ने कोर्ट मैं जाकर जज के सामने बयान दे कर family settlement की डिक्री करवा दी और प्रॉपर्टी को बराबर पांच हिस्सों मैं बांट कर राजकुमार और मोहन और अपनी तीन पुत्रियों को दे दी . उस family settlement में सोना देवी के सभी वारिसों ने भी बयान किये थे और सभी सहमत थे .इस तरह से नेचुरल mother से राजकुमार को प्रॉपर्टी आ गई.डिक्री possession की है. क्या family settlement से नेचुरल mother अपने गोद दिए हुए पुत्र को अपनी प्रॉपर्टी मैं से हिस्सा दे सकती है? क्या मोहन या मोहन के बेटे इस family settlement की डिक्री को भविष्य मैं तुड़वा सकते है ? क्या ये डिक्री पूरी मान्य है?