Aqua
07 November 2013 at 07:21
I had arranged marriage 4 years back (belongs to same city)
After 1 year of marriage we went out of India for my work assignment.
My wife used to work earlier but after we went out of India she left the job and since then she was housewife.
We had some general argument (Generally these arguments are related to our parents)during these time but it never went beyond the line.
Some time back my close relative passed away so we both visited to India.
After the rituals she went to her parent's home and since then didn't came back.
She gave the reason that she is not happy and i am not taking care of her (Which is not true)I tried to bring her back (all possible ways).Talked multiple times, sent email, send SMS but no reply from her.
Her parents/brother/sister also supported her, So i came back and joined my office.
After someday my father passed away. we have informed them but no one came from her family for any rituals.
As a last try, i went to her house with my uncle just to talk to them but her parent's don't allow me to talk to her.
Now a days there is no communication between us and seems like they(she /her parents) make up the mind for the divorce.
So at this moment i am looking for some legal advice
1) If i file Section 9 then is it mandatory to be appear in front of court, during the hearing ?
2) Can i apply for anticipatory bail, if yes then how? (In worst case scenario)
3) Do i need to file section 9 in Family court or high court
4) What is the process of Mutual divorce ?- I know both person signature are required but as there is no communication then how i can proceed further?
5) Can they claim for the property (in case of Mutual or non mutual divorce)if it's in my mother/father's name?
6) Is there any legal way to directly talk to her(as her parent's don't allow)
INDIAN LADY
06 November 2013 at 22:14
Respected Experts , My 125 suit is at consideration stage. It is observed that the opp. Advocate is not appearing when my advocate is appearing. After going away my advocate , the opp advocate comin to judge or reader and giving some reason and taking the date. Today he asked the judge that his client is admitted in hospital and he has to admit the affidavit. He is unable to get the sign on affidavit. My husband Stationery shop is in a college and he went to jail in 498a. Now opp. Advocate has given the reaaon due to jail college management has camcel the rented shop deed and he will present the certification of this in next date. Now my query is first of all how to tackle that he is coming chori chori to get next date ? Can I requeat to judge that no new date should be given without closing the current stage or he should provide the medical certificate where he was admitted ? Now being all you expert are well experienced so what things I should take cate to get the relief by fast way ?
Aparna
06 November 2013 at 17:54
In India can a woman do second marriage without taking divorce as husband and wife are living separately since last 3-4 years?
K PALANIVEL
06 November 2013 at 15:57
My brother belongs to Hindu(SC) had been living together to a muslim woman for the past 5 years and the given birth to two male children. He has not got married legally because the lady insisted him to convert to muslim. So marriage is not legalised in the masjid. Now, the lady is willing to convert to Hindu. Birth certificates for the children were obtained by them in Muslim name but the father name is indicated in Hindu. Whether all the three (mother & two children) can be converted to Hindu, how the marriage will be legalised as per Hindu law / Special Marriage Act. Kindly clarify.
jagjit singh
06 November 2013 at 14:54
SIR,
MY WIFE HAVE FILED 125 CRPC CASE AGAINST ME , NOW I HAVE TO FILE REPLY TO IT. HE HAS BLAMED ME FOR DEMANDING DOWRY , BEATING INTIMIDATING HER. CAN ANY ONE HAVE THE SAMPLE REPLY /OBJECTION SO KINDLY PROVIDE ME. WITH REGARDS.
yuvarani.M
06 November 2013 at 14:38
Dear experts
Am an hindu girl married a muslim guy 2 yrs back.my hisband and his family tortured me to the core right from day one. When we got married my husband promised not to bring religion inside our marriage but then n a week he and his family started to behave very badly. I cudnt withstand the pressure and pain anymore so I applied for a divorce and also filed dv case against him and his family. But now in dv court they asked him and his family to appear for which he has filed for an appeal.i want to kno wat will be the process n appeal court . Your help is much appreciated. Thanks in advance
sankarnath
05 November 2013 at 14:22
I like to have knowhow about this and one specimen plaint
where plaintiff :- Daughter (married)
Other members:- Husband (dad)
and sole son (brother)
victim
05 November 2013 at 11:15
ecperts,
Kindly advice me after considering below points:-
1) I had filed a suit for divorce against my wife on grounds of cruelty.
2) my wife had complained in police and when police didnt cooperated her then she approached court and filed private complaint in JMFC Court.
3) my wife filed an application u/s HMA 24.
4) I had filed reply for that application and revealed all nevessary facts in that reply, like her qualifications, previous work experience, work when she was with me, her past earnings and earnings from the job which she was doing when staying with me. i had filed relevent documents to prove them.
5) I had also filed my salary slip, loan papers, insurance receipts to show my liabilities.
6) I had filed written argument in court (it is on record) and in that argument i had mentioned about 7 various high court citations in which maintenance was denied in hma 24 on grounds of qualified and previously working lady.
7) then also in my case judge ordered to pay RS. 3500 pm maintenance + rs.2000 per hearing conveyance charges +rs 5000 litigation cost. for 6 months.
8) in his ordered he had not discussed about any of the documents presented by me about my wife's qualification, earnings etc or about my documents or abour written argument and citations from various high courts.
9) now i want to go for civil revision in HC.
10) i want to plead party in person.
please share format of civil revision petition and other valuable inputs suitable for my case.
Note: my case is in M.P and i have to file revision in M.P HC. my case was very similar to mamta jaiswal vs. rajesh jaiswal case which is a very useful and popular citation for maintenance denial on grounds of qualified and previously earning wife. I had mentioned this citation as wel but lower court was in hurry thats why it overlooked its own HC's land mark judgement.
baba
05 November 2013 at 07:09
My Friend had arranged marriage 3 years back and since then both(husband & wife) lived together. Both belongs to the same city.After 1 year of marriage he went to Europe (along with wife) for the work assignment.
His wife was working earlier(before marriage) but once they went Europe she left the job and since then she was housewife.
There was some argument (not major) between husband & wife in these years, which seems normal (Normal husband , wife argument)
Some time back one of his relative got passed away and both visited to their hometown.After the rituals she went to her parent's home and since then didn't came back.She gave the reason that she is not happy and my friend is not taking care of her (Which is not true)
My friend tried to bring her back (all possible ways).Talked multiple times, sent email, send SMS but no reply from her.
Her parents/brother/sister also supported her.
After someday my friend's father got passed away. He has informed them but no one came from her family to any rituals.
Even though my friend went to her house just to talk to them(with his relative) but her parent's don't allow to talk to her.
Now a days there is no communication between them and seems like they(she /her parents) make up the mind for the divorce.
Although he is still trying to resolve the things but at this time really need some legal advice.
1) As my friend is in Europe then can he file Section 9 ?
I think there are 2 things
i) Prepare the section 9 paper's/documents
- For that can his advocate sent the paper's via courier to him and then my friend will sign and return back.
- Can he prepared the power of attorney and process further (Not sure what all things can be done through this)
ii) Once document's are ready then need to present in front of court
- For that is it mandatory to be appear in front of court ?
- I heard that, need to be present for the 2nd time
2) If they accuse my friend for the dowry/other charges (In worst case scenario)
- Can my friend apply for anticipatory bail
- How and when he can apply for the anticipatory bail
3) For this kind of cases what all court's are involved
- Can section 9 be file only in Family court (Not in high court) etc?
4) What is the process of Mutual divorce ?
- I know both signature are required to file a case but what is the actual process?
5) In case of Mutual or non mutual if they ask for the property and if the property is in his parents name then can they ask for that?
6) Is there any legal way to directly talk to her(as her parent's don't allow)
Thanks in Advance !!
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Perjury in divorce proceedings?
Have below queries:
1) Can CrPC 340 Petition filed within a running Divorce case?
2) If not under 340, under what section can a petition for a false statement in Divorce petition?
3) Can such a perjury be filed within the same case of Divorce or as a separate petition?
4) Any citation which says perjury application needs to be decided before the judgment of the main petition?