Dr. Shekhar
07 September 2015 at 14:58
Dear sir, under which article of constitution can we file the write petition to HC for directing the Family court to expedite the matter u/s 21B of the Hindu Marriage Act.?
David
07 September 2015 at 14:40
Dear Experts
District cout ruled in favor of me in granting divorce against my ex wife on 7.28.15. Already got to know from experts in LCI that time limit is 90 days for apealing in HC from order received date. I got my order copy with prepared date as 8.21.15. Seems my ex applied for copy of order but havent collected it. From what date this 90 days will start. Either from 8.21.15 or from the date she receives the copy. Delay in getting the copy by my ex wife will be counted or not. Please advise.
Thanks in advance
David
Dr. Shekhar
07 September 2015 at 14:08
Please kindly see and let know if the below is correctly written:
Application Under Section 151 of the Civil Procedure Code, 1908 FOR AN URGENT TENDERING OF EX PARTE EVIDENCES TO SECURE THE ENDS OF JUSTICE AND prevent abuse of the process of Court AND TO expedite disposal of divorce petition WITHIN THE MANDATE OF SECTION 21B of the Hindu Marriage Act, 1955 :
Most respectfully showeth and submits:
1. That the Counsel for the petitioner submits that Section 21B of the Hindu Marriage Act, 1955 provides that trial of a petition under this Act shall, as far as is practicable consistently with the interests of justice, be continued from day to day until its conclusion, unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded. Counsel submits that the said Section further provides that the court trying a case under the Act shall make an endeavour to conclude the trial within six months from the date of service of notice of the petition on the respondent.
2.It is submitted that as against the mandate of law, the above mentioned case is pending adjudication before this Honourable Court although the notice of the petition was served on the respondent on 20/05/2014 as also recorded and mentioned in the order sheet of 28/10/2014.
3.That on 28/10/2015 the said case was ordered for tendering ex parte evidences for a date on 13/8/15. That the evidence were not tendered on 13/8/15 and adjourned to be tendered for date fixed now on 09/10/2015. And that already 11 months has elapsed since the said order for an ex parte evidences was first passed by this Honourable Court.
Dr. Shekhar
07 September 2015 at 10:29
Dear sirs, On the next date I want to file my request under sec 21B (2) of HMA for below reasons. Kindly clarify if I need to file it as petition or application with the family court ?
In my case the petition and summon was issued to the respondent in May 2014 and also the exparte evidences was ordered by court on the next date in Oct 2014 but until now the court has not proceeded for tendering ex parte evidences. Under sec 21B(2) HMA, Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.
Anonymous
06 September 2015 at 22:01
I want to marry a girl we both are muslim, we both love each other.
My parents are ready for the marriage but her parents are not agreeing.
I live in Delhi she lives in Mumbai, we want to marry each other without letting our parents know.
We are thinking of doing nikaah first,
Is the nikaah certificate by the priest legal can her parents take any action on me, she supports me.
Is doing nikaah only is sufficient?
If it's not sufficient then, what should i do?
Please tell me proper procedure,
And the main point is we don't want that our parents get to know about our marriage.
shyamal
06 September 2015 at 18:21
Sir,
Can anybody help me by sending some copy of judgements where the father was given the custody of the child below 5 years of age
Shyamal
VISHNUMURTHY CHADALAWADA
06 September 2015 at 13:04
Sir,
My Daughter-in-law has filed a false case against me and wife and son U/S 498A and 406 on 4-5-2015. my son is presently working on deputation in U.K from TCS chennai, left in the month of 2/2015. I have attended five times before police after filing complaint before police by Daughter-in-law. My daughter in Law's parents have demanded 10.5 lakh for Mutual Divorce and black mailing,cheating,misleadeaing facts before police,I have written 4 leters to my daughter in law and their parents.they have acknowledged two and two returned, not claimed.They have involved and cheated while drafting MOU, but I have not paid any amount till date.We are govt employees and edge of retirement. The locker key held my daughter in law and my son lost. There are jewellery and gold items and documents of daughter in law and my son.The issue is pending before for break open the locker, till settle the 498 a and 406 accordingly notice sent to bank as well as daughter in law . I decided not to cooperate with bank authority and daughter in law.
Now Police has asked to attend for investigation within three days with ID and passport size photos. every letter addressed to my daughter-in-law,a copy was marked and submitted to the concerned police. Is it necessary to attend again for investigation on or before 09-09-2015. Kidly do need full in this mental agony issue-vishnu Murthy
anirban
06 September 2015 at 07:51
name=hidden
marriage- 2010
on 2013- she filled 125 maintenance
i am continuously paying since 2013- via money order sometime 3000 or 2000 as per my capability
she refused every time till the last payment on august 2015...
i have no permanenet income, i work on daily wage...
every time i attend 125 case, she absent...
meanwhile she get an order of interim from court of 3000 and arrear payment of 24000 from 2014...
i have paid 10000 in 2 installment of 5000 each (for her and my daugter)
but how court passed the ordr of 3000 interim, because i don't have any permanent income source.... AND what for that she is continuously refusing my money order till date total 23 no. money order refused
NOW can i appeal to minimize the interim order of 3000.....
And
can i appeal to minimize the rest arrear amount ....
Sateesh
05 September 2015 at 22:57
CASE STUDY:I got married on 29-May-2011.Reception was done on 30-May-2011.Se stayed in my home for 1 month.My relatives all went of y June-15 like that.On June - 01-2011 her father came to my home and take er to home for ASADAMASAM month.After 1 month my parent's wen with new saree , flowers & sweets to her house to bring back but there they created new sense by stating that their daughter want to study B.ED and for tat we ave to arrange college fee for her.and my wife said tat i want to stay separately with her in separate room.For that i didn't accepted as my dad is retired employee and my mom is suffering with stomach cancer were the treatment is going in Indo - American Cancer Institute - Hyderabad.She complained on me that we are asking for additional dowry which is false statement.We kept 8 tolas of gold ornaments for her on marriage now those all ornaments are with them only but now they are saying that they are wit us.Being frank and honest the ornaments are wit them only and we are having all the original bills wit us.Not only this we are having all the original bills of all the tings like gold,sarees etc.she lodged complaint on my dad-65,mom-60 & my brother-26.Because of this case my family is suffering a lot.My dad is also suffering wit joint pains.He is unable to walk and my brother is in studying.We all are suffering a lot because of this for which their is no mistake from our end.She stayed in my home for hardly 15-20 days,for these days only she created newsence and lodged a complaint under 498-A.I am an private employee and brother also.We are not in a position to give maintenance. As my mom may live for 1-2 years er cancer is in 2nd stage.For hospital charges also we are selling our property.Aside we are also not in a position to pay the lawyer fee.Its becoming very difficult for us to run my family.I am having 2 sisters and one brother out of two 1 sister got married and 1 sister & 1 brother ready for marriage.
I request you to suggest me on this.
I hereby declare that the above particulars are true to the best of my knowledge and belief.
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Maintenance and property
Sir,
I have filed appeal petition case for divorce at higher court. The case is pending. Meanwhile, maintenance case filed by the wife is also pending at court. I have constructed a house using home loan from bank before marriage in my name only. Now loan is in progress and paid by me only and it will complete 12 years. She never paid a rupee for the house. In that condition, whether she has rights in that house property, if so, how much while considering loan also. Please clarify the issues in detail.