Anonymous
29 September 2019 at 23:13
I had filed for divorce u/s 13 HMA in Oct 2016.
The respondent filed for Interim maintenance in June 2017.
No order for IM till date and hearing to start after failed meditation.
If IM is ordered in coming few months...there would be a huge arrears..( child is there from the wedlock).
Queries:
1. Under which section of CPC can I withdraw the Div petition ?
2. What if the judge says that he will first dispose the IM appl and then the withdrawal appl...( The whole purpose of filing the withdrawal appl is lost)..what best can be done in such situation ?
3. Can you pls share me a template of the Div withdrawal petition in case you have it ?
Pls note that the withdrawal is done with a sole intention of voiding the maintenance appl filed by the respondent.
Anonymous
27 September 2019 at 13:32
Dear Sir/Madam,
This is to inform you that i am married since 10 years and have filed a DV case against my husband and his family last year but there is nothing happening with the case since there is no Judge available in the court since 4 months now. I have been only getting new date since a year. Not even a single hearing has happened. Nor my husband or his family has appeared in the court,though his lawyer comes and takes a new date and goes away. I have a 7 yrs old daughter and have been managing everything on my own since my husband has deserted me and my daughter since 3 years. I really wonder if these kind of cases are happening in cities then what would be the case in rural areas. I am so disappointed with the whole court system and have lost all the hope.
Have some questions related to the same:
1) Since there is no Judge available since 4 months now and till not there,what is the next step that i can take?
2) Can i file Divorce case along with maintenance case against him along with the DV case?
3) Since Divorce case will be filed in a different court,is it a possibility that Divorce and maintenance case will be taken care faster than the DV case?
4) Do i have to appoint a new lawyer for the Divorce and maintenance case or the same lawyer can take care of it since its will be in a different court all together.?
5) In case i apply for a Divorce and Maintenance case,then what happens to the DV case that was filed 1 year back??
6) What happens on maintenance and divorce if my husband doesn't show up on any proceeding??
Request you all to give prompt reply.
Best Regards
piyali
21 September 2019 at 21:06
Respected All,
Kindly provide your expert suggestions on a below matter related to my friend.
A couple is separated ( and not interested for legal proceedings) for 7- 8 months without divorce or judicial separation, wherein the child age of 11 living with her father as the mother is deserted both. The father lost his earning source as a need to take care of his child and mother is working but do not provide any financial support for her child even.
Please advice on below points:
1. If the mother is not supporting her child financially, Can we do something about it legally?
2. Is there any judgment which supports this condition or related to this?
3. Is there any law or guidelines which can direct the financial stable mother to support her child?
Any information and guidelines will be a great help in order to save a child's future.
Thanks in advance.
Piyali
Anonymous
20 September 2019 at 15:32
Sir. I got divorse in 2017 with mutual consent where 5 year child will remain with my ex- wife. I have only visitation rights as per the joint pursis admitted by both . There are no other conditions laid down in decree about child's welfare, education and medical etc. But visitation rights is not executed by my wife. In addition I am Government servant
i want share equal responsbility for childs education, health and maintenance. My department have unique facility of medical and education which want to enhance to my child . But my wife has denied for enhancement of facility to my child. What should I do? My divorce decree can be modify?
HELLO
19 September 2019 at 12:37
Dear Sirs/Madam.
RCR has been filed on 06-06-2018 and I have been in separation from wife since 10.11.2017. She has no interest to rejoin, whereas she is misguided by her counsel and they are intending to get orders for money around tally of 22 lakhs (marriage exp+reception exps+ engagement exps+house warming etc). Now we are nearing minimum separation of 2 years and I also not willing to live with her anymore. But im in a situation of not filling divorce where she is expecting me to file and steal money with orders by court. She also filled IA -Articles return with back up of utensils –incl (spoons-small 8, big 2 as such). This shows how money minded she is. Please advise how to rescue from her. I have accepted to return her articles but they're arguing they'll take the property only if orders passed for IA and they're tempting us to file divorce under cruelty. Oppn counsel is dragging the case as much for money. Please help me how to defend from her claim of marriage exp etc which is not been able to reimburse.
Regards
Shivraj
Sachin Srivastava
18 September 2019 at 07:40
Hello,
I want to file child visitation and custody.
RCR is going on but wife is not appearing in it so I want to file a seperate case
Please advise whether I should file it in section 6 a off hindu minority act or section 12 25 of GWA act?
Which one is better for father if son is 3 years old and wife is not allowing to talk to son since last 2 years ?
Born4Justice
15 September 2019 at 23:05
I had filed complaint on my wife and his parents / relatives at human Rights commission for assaulting my old parents in 2015 and it is heard now. While we got one of the notice recently, we got to know from her statement that she has filed 498A of 3-4 DV act, 506B and 120B in February 2019! It's been 8 months now we didn't receive any notice or call from the concern police station on FIR etc... But my old parents are now afraid. How to check the genuineness of the case? Police not giving info. Can we check online? She left me in 2015.
Pankaj
15 September 2019 at 14:41
Dear Sirs,
Please guide me about process of registered court marriage.
Satyanarayana Reddy
14 September 2019 at 21:41
Hi Experts,
As per section 6 of Hindu Minority and Guardianship Act, 1956
Natural guardians of a Hindu minor.-
The natural guardians of a Hindu, minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest in joint family property), are—
(a) in the case of a boy or an unmarried girl—the father, and after him, the mother: provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;
If elder daughter (Age: 9.5 Yrs) wants to come to father (Ex-wife restricting her to talk, meet), what are the steps to consider for child custody. Please guide.
Regards,
Satya.
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Withdrawal of Divorce case u/s 13 HMA
I had filed for divorce u/s 13 HMA in Oct 2016.
The respondent filed for Interim maintenance in June 2017.
No order for IM till date and hearing to start after failed meditation.
If IM is ordered in coming few months...there would be a huge arrears..( child is there from the wedlock).
Queries:
1. Under which section of CPC can I withdraw the Div petition ?
2. What if the judge says that he will first dispose the IM appl and then the withdrawal appl...( The whole purpose of filing the withdrawal appl is lost)..what best can be done in such situation ?
3. Can you pls share me a template of the Div withdrawal petition in case you have it ?
Pls note that the withdrawal is done with a sole intention of voiding the maintenance appl filed by the respondent.