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Dileep Kumar   12 May 2013 at 10:02

Remarriage after failure of restitution of conjual rights

Dear Sir,

My friend got married four years back and their marriage lasted for 6 months, after which the wife left my friend's home and did not return back.Some time the wife filed a dowry case against my friend and his family in police and was forwarded to DPO and was declared as false.Later he filed a restitution of conjual rights in family court and was later granted the same in his favour,but still his wife failed to comply to the order and the time of 2 years (since he is a christian) has elapsed.So in this case whether he can go for remarriage?
Since there was a total of 3.5 years of deseration in which 2+ years of separation of failure of restitution.

Kindly suggest the best way to proceed with marriage.

raahat   12 May 2013 at 04:48

498-a/406/ 125 crpc

A property was purchased in the name of 2 minor childern of the first wife and 2 major childern of the 2nd wife. the mother was the guardian in the minor childern and paymnt was made through her. some time later a 3rd child was born. which has no name in the mentioned purchased property. Both father and mother has died without any will. it is also pertenent to mention here that the wife of third child has filed a case u/s 498-a/406 against the husband and in-laws. A settlement arrived between 3rd child & her wife. but The 3rd child wife is demanding her children share in the poperty.

Can the 3rd child who has no name in the property can ask for his share ?

Can the childern of the 3rd child who has no name in the property ?

Can wife of the 3rd child who has no mame in the property ?

Can wife or childern of the 3rd child who name is not in the said property can ask the others brother to provide share ?

Can the court grant reliefe to the 3rd child wife in the terms of his share in the said property in lieu of the maintanance ?

canucks   12 May 2013 at 01:48

Second marriage without divorce

Hello
I am in a pretty complex situation currently. I am a hindu, married an Iranian girl in Mumbai. we had a registered marriage but our passports indicate marital status as single. we have been separated from past 2 years and not at all in contact. I have some1 in my life now and want to get married without a divorce.please suggest ne possiblities. due to family issues divorce is out of question.

thank you

maina   12 May 2013 at 01:27

Compromise after 498a

My husband asked me for compromise after 498A and told me that he withdraw divorce case and simultaneously i have to withdraw 498A and DV case and told to magistrate that i filed false 498A and want to withdraw it.And he also told me that, no husband will take back a 498A wife. We don't have a single such case in country.Is he right?

Kindly suggest me what should i do?

Thanks in advance.

SONU KUMAR SHAW   11 May 2013 at 17:52

Is court marriage necessary

after marriage as per is it necessary to have a marriage certificate for a girl

what are the merits of having a marriage certificate?

kavita.sharma   11 May 2013 at 08:04

Sec 125 crpc

whether wife of voidable marriage can claim maintenance under crpc 125?


2nd question IS IT TRUE THAT WIFE OF VOID MARRIAGE CAN NOT CLAIM MAINTENANCE.

Ajay Kumar Reddy   11 May 2013 at 04:38

Last alimony

I filed sec.13 againt my wife family court, Durg (C.G.) has given divorce on the crulty ground. She has given application of last alimony but family court has no decided and he has not given any last alimony. She is working and getting Rs.25,000 monthly salary also. She has applied Se.125 also but it was rejected by family court. She has appealed against divorce on High Court but Divorce decision is gone in my favour. High court is also not provided last alimony. My qery is:_
1. In law there anything mentioned that who will get divorce on crulty basis she cant get last alimony?
2. If she will apply then how i will protect?
So please clarify and oblige me.

Regards,

Ajay Reddy

aman rajput   10 May 2013 at 22:40

Divorce to filed by me or not..????????/

Dear Ld. Friends Its been almost 2.5 yrs my wife left me with my daughter on 07.09.2010 when my daughter was only 3.5 years old .

After 6 months of leaving me I got served her summon on March 2011 under Section 9 Of HMA RCR to call and join back her matrimonial home in return of which she filed false complaint against me in women cell on 16.08.11 i.e. almost after 1 years of leaving me & which further got converted into FIR under Sec. 498a on 14.03.12 after unsuccessful mediation between us in the women cell .

On September 2011 I filed another petition for Custody of my daughter under Guardianship ACT. and later on she also filed false DV and Crpc 125 case against me on September 2012.

Now I came to know from my sources that she is now been thinking and preparing for to file divorce from me on cruelty basis. Now even I m also thinking over to divorce her due to filing of false cases against me.

So viewing the above said My Questions are as under :

1.Will it be worth at this stage to withdraw my Sec.9 case and go ahead to file for Divorce against her on cruelty basis of filing false cases against me???????? or should I wait for her to firstly file the divorce case on cruelty basis against me...????????????? Which action would be more in favour of me...????

2. Viewing the above mentioned dates whats the status of my case in my favour ...????

Pls help me out for the abovesaid

Regards :Aman

Knowledge Gainer   10 May 2013 at 19:58

Rights of children after divorce

Husband and wife have taken divorce in 1991. In court decree custody of children was given to wife. Wife has not claimed any maintenance. Decree is silent about maintenance of children.

Husband was since then living with his mother in a house owned jointly by them i.e. husband and mother.

Now husband was died in 2012. Children come to know about this and they came to demand there father's share in the property.

Query is can children demand the share in father's property?

aman rajput   10 May 2013 at 19:12

Divorce to be filed from my side or not...??

Dear Ld. Friends Its been almost 2.5 yrs my wife left me with my daughter on 07.09.2010 when my daughter was only 3.5 years old .

After 6 months of leaving me I got served her summon on March 2011 under Section 9 Of HMA RCR to call and join back her matrimonial home in return of which she filed false complaint against me in women cell on 16.08.11 i.e. almost after 1 years of leaving me & which further got converted into FIR under Sec. 498a on 14.03.12 after unsuccessful mediation between us in the women cell .

On September 2011 I filed another petition for Custody of my daughter under Guardianship ACT. and later on she also filed false DV and Crpc 125 case against me on September 2012.

Now I came to know from my sources that she is now been thinking and preparing for to file divorce from me on cruelty basis. Now even I m also thinking over to divorce her due to filing of false cases against me.

So viewing the above said My Questions are as under :

1.Will it be worth at this stage to withdraw my Sec.9 case and go ahead to file for Divorce against her on cruelty basis of filing false cases against me???????? or should I wait for her to firstly file the divorce case on cruelty basis against me...????????????? Which action would be more in favour of me...????

2. Viewing the above mentioned dates whats the status of my case in my favour ...????


Pls help me out for the abovesaid

Regards :Aman