JASWANT VIJAY AGNIHOTRI
19 May 2013 at 10:59
Sir, requested for your kind attention,
what is NEXT-OF-KIN rights and as per law what it stands for. my divorce case is in court and my wife is next of kin as per records and i made my mother 50% nominee. but here my office says that next of kin is still has more power to get your all assests and everything.
how a WILL can be made as nominee other than wife and difference between nomenee as will mentioned and to avoid next of kin. how can we challange next of kin.
Amit
19 May 2013 at 09:11
I had filed a annulment cum divorce case and my wife filed preliminary objections to it.
Her objections were:
(1) That the petition was filed 18months after marriage. The annulment based on fraud was filed 3 months after the discovery of the fraud.
(2) We filed the annulment u/s 12-1 (C ) and also u/s 13-1(ia) for cruelty. Wife's objections were that petition can't be filed under two sections.
But when I searched online there were lot of petitions where multiple prayers were made. Some of them I am quoting below:
(a) http://www.indiankanoon.org/doc/657007/
"for passing a decree annulling the marriage between him and the respondent, or in the alternative to pass a decree for dissolving the marriage"
(b) "http://www.indiankanoon.org/doc/62494/"
"petition filed by the appellant for annulment of his marriage with the respondent or alternatively for divorce or for judicial separation"
(c ) http://www.indiankanoon.org/doc/668351/
"seeking annulment of the marriage under Section 11 of the Act of 1955 or, in the alternative, a decree of divorce under Section 13(1)(ia) of the Act of 1955 on the ground of cruelty"
My question is, under what legal provisions is this allowed?
(3) In our petition, we mentioned that we were informed about the fraud by one of the relatives whose name we did not mention for his security. My wife is saying w/o mentioning his name, the petition is not valid.
Is this mandatory to mention the name in the petition? If yes, can we amend the petition now mentioning his name?
Law Querier
18 May 2013 at 23:30
My advocate told me today if husband remains constant absent after entering petition for mutual consent divorce -Sec.13B in family court, then Court can pass divorce decree in favor of wife considering signed mutual consent divorce petition of husband and an agreement/MoU made on stamp paper for mutual consent divorce by husband-wife. I am confused with my advocate opinion. Is it possible? Pls. solve my query.
Sonal Verma
18 May 2013 at 22:15
Respected Experts,
I have filed 498A and CrPc 125 against my husband and he has filed 13A against me in his city's Family Court on the basis of desertion of marital happiness.
I want to ask when should I file for divorce as in the Mediation process also i said that i want to take divorce but my lawyer said i should not have said this as it might make me lose the case I should have said that I want to live with my husband and he is the one who wants to take divorce. my lawyer has not taken any initiative to take divorce, according to him first we should make mental pressure on him by the maintenance case.
I do not know in which direction my case is going as it has been running in respective courts from more than a year.
I want to ask that whatever i said in mediation will really weak my character and when should I file for divorce?
Thanking you Sir !
ranjit
18 May 2013 at 18:04
namaste ji,
mera naam ranjit hai meri wife ne u/s
13(1)(1a)ke base par divorce file kiya hai
kya is kanoon ke tehat meri taraf se
pendentilite, legal expence,aur maintenance
ki maang kar sakata hoon,
main ek government employe hoon
aur railway flat main rehta hoon jabki
after marrige meri wife ka DDA flat nikla
hai aur WO EK MNC main job karti hai
c. shah...
18 May 2013 at 18:04
Wife deserted husband after a month of marriage and went to foreign country since 2 year. Wife had put a divorce case by PoA u/s.13(1)(ia) in district family court which is pending. Husband has created fake facebook profile of wife. In fake face book profile, husband posted only normal photos of her wife and give normal details of wife’s family members. Question: In this case, to create a normal fake face book of wife by husband is reasonable ground of mental cruelty to wife? Can wife get a divorce on this reason?
Vinesh K Chhaya
18 May 2013 at 11:18
Which Law will applicable to matters of Marriage, Divorce, Custody of child... domestic violence...succession etc family matters relevant to khoja community?
Kalyan Ghosh
18 May 2013 at 05:34
This is a question specially related to West Bengal and generally related for other states concerning presentation of mutually consented divorce case.My question is
1)Whether lawyers registered for Kolkata Courts(including HIGH COURT)are AUTOMATICALLY REGISTERED/ENTITLED for presenting case in District Courts in West Bengal for mutually consented divorce case.
2)Whether any license/registration of lawyer is required on PARTICULAR COURT TO COURT BASIS
I am asking this question ,as we wish to engage a lawyer from Kolkata for presenting a case in a District Court.Please help
Chand Singhania
17 May 2013 at 22:11
How many days are required for getting mutually filed divorce????
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Divorce-appeal
Sir,
After court verdict on divorce, whether one should wait for remarriage upto appeal time by another party at high court. Otherwise, if one was married within time of appeal time, what is the status of second marriage. kindly clarify that appeal time will start after judgement day or date of copy of judgement receipt.