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AMSARAJ.J   08 February 2014 at 16:13

Fresh divorce case by wife when husband's divorce case is pending in hc

Respected Sirs,
1. My Divorce case is pending with HC,Chennai at present.(Against the Dismissal of my divorce case in district court)(Case filed on 2009 and numbered but notlisted sofar)

2. My appeal against RCR allowed in district court in her favour also pending in HC,Chennai (Case filed on 2009 and numbered but notlisted sofar)

3.Domastic violence case filed by wife during 2010 is pending in District Court at present. In which ,she convay her interest for amicable settelement by getting lumsum amount.

In this situation, she given the following proposal to finalise settelement :

A) She has to file Divorice case in her place at sub-court and I have give concern for the same.

B) Then I have to keep ready the settelement amount by DD in her favour and Fixed Deposit in my child name (Female child-Aged-13 yrs)

C)After getting divorce order,I have to give DD & FD.

C)Then she has to withdraw DV Act case in district court and I have to withdraw my Appeal cases in HC,chennai.

My query is - when divorce appeal by husband in HC, Can wife file fresh divorce case in lower court (SUB-COURT) in her place,becasue of the above settelement and due to delay in HC.

Amit   08 February 2014 at 16:09

Payment options for mutual divorce

Dear Experts,

Here I just want to know the difference or benefits of payment between demand draft and cheque for mutually agreed amount of settlement for mutual divorce.

1. Whether Courts have any objection to any of these options?
2. Which one is cheaper and better?

Regards,
Amit

Gopan   08 February 2014 at 13:30

Should medical report include lab test results also?

If someone is submitted for medical checkup under medical board on court order, should the medical report include true copy of all medical lab test results which were conducted as part of medical examination?
I'm asking this because the medical report already contains joint opinion of the doctors, who examined the party, in the medical board and some quoted references to lab test results, but not the true copy of all lab test results. The opposite party is insisting for the submission of true copy of all lab test results in the court, and also filed application in court to direct the medical board to submit the true copy test results also along with the medical report.

Is it required?

If yes, what purpose does it serve?

If no, Can I object such an application?

Chandra Singh   08 February 2014 at 02:24

Divorce procedure

In brief, my son's case is:

My son got married in 2012 and then went to New Zealand to continue his job. But his wife wanted to go back to India.So she mentally harassed him and threatened him she would commit suicide or go for abortion. Unable to bare the torture, my son has decided to move back to India after few months. Even after coming to India she continued to torture my son and our whole family. She harassed the family by fighting with us on trivial matters and always threatened us on different things like committing suicide, filing false allegations on us or spoiling our image by projecting wrong stories at media. After a few months they started to live separately. But her harassment is still continuing. She doesnot even make food or take care of the baby. My son's health is deteriorating because of this nuisance. His career is also getting effected.

Can my son file for divorce. On what grounds can he do that. What evidence is required to support his case.

With your experience can you please caution us on what kind of things we might face,like for how long the divorce process takes and what kind of problems we might get into.
How does the alimony work. My son has no property on his name. All the property is on my name or my wife's name. In case a divorce is granted would she have right on our property.


Please let me know if you need any additional details.

Thank you for your help and time.

asmita0009   07 February 2014 at 23:32

Stage of hearing in family court.

My husband has filed petition for divorce. He had submitted affidevit of him and his witnesses. Then cross of my HUsband and his witnesses completed now. Now I will be file my and my witnesses affidevit. After hearinng of me and my witnesses what will the further procedure.?

Member (Account Deleted)   07 February 2014 at 22:14

Whether registration of muslim marriages are also compulsory in india/punjab

I am a Sunni Muslim boy resided in Nabha District Patiala Punjab & married with Hindu Girl. After marriage the girl changed his name & religion from Geeta Bhardwaz to Geeta Bhadwaz Khan. Now I want to got register my marriage Under Punjab Marriage registration Act. Will you please guide me as to whether the Muslim Marriages are registered in D.C. office or Tehsildar Office. What is the procedure & requirement for registration, whether the change of name is required to be published in News paper or no

Naresh Sakpal   07 February 2014 at 19:59

Rcr won but wife not returning

Dear Sir,

I, husband won RCR one year before. also sent a Reg ad letter to wife to join matrimonial. and also filed RD in court against order.

Now at the same time she filed a 125 case in village which Court ordered to pay amt maint. to wife I filed u/s 127 in the same court which is going on still working and also filed appeal in upper court which is also going on still working

My question is that can I file DV case now. Its already past one year and I have a ground for she not yet returned till one year ( year crossed).

Please suggest me should I go for DV or wait result of Appeal and 127 case.

10 years married, two children with her.

Thanks,

Member (Account Deleted)   07 February 2014 at 18:12

Registration of muslim marriage in punjab

I am a Sunni Muslim boy resided in Nabha District Patiala Punjab & married with Hindu Girl. After marriage the girl changed his name & religion from Geeta Bhardwaz to Geeta Bhadwaz Khan. Now I want to got register my marriage Under Punjab Marriage registration Act. Will you please guide me as to whether the Muslim Marriages are registered in D.C. office or Tehsildar Office. What is the procedure & requirement for registration, whether the change of name is required to be published in News paper or not

Surendra Gupta   07 February 2014 at 17:50

Inheritance under hindu succession act

I am a hindu married and have one minor son aged 12 years. My wife is working and getting sufficient independent income to sustain herself throughout her life. She is not contributing a single rupee towrads the household expenses and education of my son.

I am aged 41 years and lately not keeping well/sufffering from some serious disease.

I own moveable/immovable properties worth about 80 lacs.

I wish to ensure that after my demise, my entire assets built by me through my own efforts should go to my son and NOT my wife.

Kindly guide me as to what should I do.

Thanks

KIRAN   07 February 2014 at 15:34

Advice reg. faise d.v. case & 498a case by wife

















Respected sir/ madam ,
1) i m a Govt. servent.My wife is housewife
2)we married in may 2001.we have 2 kids, one girl 10 yrs& one boy of 8 yrs.
3)I have 4 married sisters & father not stayiny with me.
4)I m well setteled& haviny own house at kalyan.We were happy in our married life.
5)my wife is short tempered & high B.P. patient. there was interference of her relatives in our life.Hence dispute is arrised after 11 yr peace life.
6)During last 5 yrs,3-4 times compromised has been done bet.us.
7)In December 2011, my wife had stolen all my original land, flat agreements, ATM Cards cheque books ,cash, gold etc.(afterwards some i found it).I have made complaint to police station about this.
8) On that day,she called her parents & relatives to my house from their native place.They came to my house & They were shouting in my house infront of neighbours till mid night.
9)My wife(with my kids)left my house willingly alongwith her parents&relatives on 31/12/2011.After 3-4 days i have made complaint to police station about this.
10)Immdly. after 15 days she filed false D.V case in court against me,my aged father & 4 married sisters on 15/01/2012 without any discussion with us.
11)We had submitted our says in court.Magistrate had conducted counceiling 3-4 timesbut failed.
12)Then my wife moved application to Mahila Sahayya kendra.
13)After compromised through mahila kendra,I brought my wife & kids to my house
on 24/01/2013 for bright future of my kids.
14)We started our married life again.All were happy but there was interference of her relatives.
15)Even after 4 months passed she was not ready to withdraw DV case & wanted to keep pressure on me by giving threntening of police station & court.
16)Magistrate had also suggested her to withdraw case but she refused.Then Magistrate had given option to withdraw case&live with husband or stay at ur parent & proceed the case in court.
17)From that day (24/05/2013),she & kids are at her parens house.
18)In July 2013, she filed false 498A FIR against me & all same my family members Reg. demand of 5 lacs for purchase of flat & bitten them at her parents house.
19)All we got A.Bell & chargeshit is filed
20)We filed petition for quashing FIR & chargeshit in H C. It is admitted&exemption order is passed for all other members except me for lower court.Summons is received by her.
21)Meanwhile Interim Mntc. is passed for Rs 3000/-pm to my wife & kids against her demand of Rs 25k.PM.I had paid mntc amt.4 times.
My Gross salary is 70k & Net payable amt is 20k (after all loan&other deductions).
22) she had made appeal to SC against this mntc order.I received summons .
23)Meanwhile my wife had issued false Public notice in N/P that I ignored them as nominees & selling properties.
24)Now D V case is for Evidence & her cross examination is to be start on next dateSir,kindly advice the following.
1)How to take cross exam.of wife in D.V.case?
2) Important strong points for cross examination to prove her complaint is false.
3)Which documents should i call from police station (useful for quashing 498A FIR/chargesheet )such as complaint letter, counceiling done or not? any more ?( I have filed for quashing 498A FIR & chargesheet)
4)As per the direction 0f govt./high court/ supreme court counceiling is compulsory before FIR or not? ( In our case FIR is lodged immdly .next day after complaint is received).
Thanking you in advance