ragz hyder
29 April 2013 at 09:36
I hear varying versions of when a foreign decree of divorce is valid in India. Can experts please calrify?
1. Girl receives summons but does not respond to foreign papers. Usually a decree of divorce is granted. Is it valid in India?
2. Mutual agreed divorce is of course valid I guess
3. If girl receives papers but responds in whatever manner...is she submitting herself to foreign jurisdiction? If inspite of her contest, foreign court grants divorce, on lets say irretrievable breakdown of marriage AND mental cruelty is it valid in India? Would it not be the case of double jeopardy? Needing money from 2 countries...?
Can experts please validate when foreign decree is/is not valid?
Net
29 April 2013 at 00:35
My sister got divorced by her wedded husband by talaq-e-sehbara, this was done when he was in saudi and gave the power of attorney to his mother in india to pass talaq in front of the qazi, we had no idea untill we got the letter from the qazi's office which was notarized, and the meher amount as decided during nikah was returned. she was at our home with a 6 months old baby and her husband got married to other woaman.
I would like to know if the divorce valid and can my sister get married again and can her new husband have rights on her child. please guide us with the legal formalities . both the parties are sunni muslims.
anonymous11
28 April 2013 at 22:02
My sister was married in Australia, and was first verbally and then physically harassed by the husband. It was an arrange marriage, and she was totally dependent on her husband there. He didnt let her have any part of his income. He once beaten her as she hinted that she is not that happy there, and misses India.
She was mentally very scared of husband.
After knowing whats going on with her, we asked her husband to let her come to India, saying mothers health is very poor and she wishes to see her.
We got her to some psychiatrists , who also suggested to let her go for a divorce.
But the husband says he wont come to India for divorce. Also says that my sister is telling lies. My sister wants to go back, and says she would ask for a divorce there.
I was curious does she need to have some sort of proof,to prove that she is harassed/.?
If yes, what could that be?
Akil
28 April 2013 at 20:46
I filed a suit on behalf of Muslim wife for the dissolution of marriage under Dissolution of Muslim Marriage Act, 1939, on the ground of cruelty (two matters u/s 498 of IPC and u/s 125 of Cr.PC are pending).
However, a Civil Judge to whom I prayed for decree, is not admitting the suit and ask me to produce citation indicating that the Civil Court has jurisdiction to entertain my suit.
May I ask YOU learned people to get me some material to convince the Judge on this ?
Please guide me !
ASIT
28 April 2013 at 20:32
One of my friend (Muslim, 18 yrs old) want to give 50% his share of inheritance from deceased father to his unmarried sister for her marriage purpose without inform his other sister who already married. Please note that the inherited property is not separated to individuals name.
Please provide steps and procedure in this regard.
INDIAN
28 April 2013 at 18:00
I filed 125 , come to know by reply of 125 that Husband filed HMA13 . I filed my application in high court to transfer of case in my resident city on the ground of my baby is 3 months old and I m having no mean of income. HC has ordered to stay on proceedings of HMA13 and given the next date of hearing of transfer of case. Now My query is can I move my application in my city for HMA 24 before the decision on case transfer by HC ? what r the chances of Transfer of case HMA 13 in my residential city ? Is taking the divorce is so easy after 2 Childern ? Ehat else remedy I can use ?
Never Give Up
28 April 2013 at 16:50
Hello Experts,
I have filed for Custody petition and in which opposition has file interim maintenance application petition for her and kid.
Can HMA 24 application be filed in GWA Custody of kid case ?
Is it maintainable ?
Or one has to file separate case to get maintenance ?
Please help.
sanjeev kumar
28 April 2013 at 16:48
D/Friends,
Rs. 17000/- is being recovered from my monthly salary as a maintenance for my advocate wife.Now under the influence of Bar Association,bcoz she practises in the same court,the Judge has convicted me one year simple imprisonment in 498A.My department has placed me under suspension.Can the department impose on me the penality of removal/dismissal as per CCS(CCA) Rules.If unluckily it happens,I have no source of income.In that case,will the court of law follow some another way to recover alimony from me.If yes,what steps should I take at this stage to avoid further complications.
with regards
498A suferrer
INDIAN
28 April 2013 at 15:07
Dear All , we have filed 125 and come to know that our lawyer has not mentioned the facts like beating and demand of dowry on that particular day when my sister was forcibly sent back. Where as he had mentioned that beating and demand of dowry was there during the stay of my sister in her matrimonial house .Now to file 498a I discussed with other lawyer and he told us the same and told us that first lawyer. would have mentionef the same on thay dau also. Now it will create the problem to file 498a and opp. advocate will pick this weak point and ur case will become weak. I want to know what so ever this 2nd advocate is saying is true ? If yes can we amend the petition to add said points in petition ? If yes can u get me any rule or order to amend the petition ? 4 hearings are passed and opp. party has given his reply.
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Divorce
can some boy have citatation or judgement in which wife have not attended funeral of fatherinlaw or not came at death is also a cruelty