Akhalaque Ahmed
06 February 2013 at 11:32
DEAR ALL,
IF WIFE APPLY FOR MAINTANCE UNDER SECTION 125 IN FAMILY COURT. SHOULD SHE CAN FILL MAINTANCE IN OTHER SECTIONS OF LAW LIKE IN DV AND UNDERSECTION 151 IN RCR.
PLEASE RESOLVE MY QUERY WITH SUITABLE JUDEGEMNTS RELATED WITH THAT.
THANKS®ARDS
AKHALAQUE AHMED
Kedargkeskar
06 February 2013 at 10:17
Marriage between A & B took place on 24.04.2012 as per Hindu Rites & Regulation. Since 26.04.2012 both A & B are not cohabiting. Now both want divorce by mutual consent. As per Sec. 14 of HMA one year has to be lapsed. Whether a petition U/s. 13(b)of HMA can be filed now ?
Member (Account Deleted)
06 February 2013 at 09:47
1)Wife is not residing to matrimonial home from 02.09.2011
2)Husband filed child custody case on 16.05.2012
3)Wife receive summon from her parental home 22.06.2012
4)Several letter to come back matrimonial home , wife received from parental home
5)After that wife file 498a/406/34 against husband and family 14.09.2012.
6)In charge sheet wife has mention that she is not her matrimonial home
since 02.09.2011
Now local layers is advising go for quash. Assuring that 99.99% chance of quash , as
she was not matrimonial home for more than a year and filed 498a/406/34, in charge sheet she also claming that.
She has accused physical and mental torture and some vague points (abnormal)
Will it be good to go for quash? it is very costly, we are from middle class family, please advise
sangramthorat
05 February 2013 at 20:23
I am advocate on behalf of husband. In cross examination of applicant she has admitted that after getting first & second notice of her husband. She did not come to cohabit with her husband. is she is entitled for claiming maintenance ?
Partha Sarathy
05 February 2013 at 19:49
Respected Sir/Madam,
With due respect I would like to draw your kind attention to this painful situation of one of our relatives.This is about a woman ,who has been staying in her mother's house for the past one year in a different state. The woman has a 7 yrs old son who stays with her.She also has a 13 yrs. old daughter .The daughter stays with the man who lives in another state.
In this context this woman wants a divorce. The man is not willing to grant it till the time the boy is not given to him.She had filed a petition for divorce on the grounds of dowry but the man wanted the boy first and then only he would sign the divorce papers and the petition was withdrawn.
The woman has a well salaried job .The boy studies in a school and wants to stay with this woman i.e. his mother.
She simply wants a divorce , if possible in a fast way ,not on the grounds of getting any financial assistance or putting hardships or to punish anybody.
Therefore we request you to kindly help in this matter.We have a few queries in this regard:-
1)Can she file a petition for divorce on the grounds of irretrievable breakdown or restitution of conjugal rights or unilateral divorce?
2)Where she should file the petition ,can she file it from the state where she lives at present, how much time it might take and the approx. expenditure?
3)Can the small boy stay with her?
It would be extremely kind of you if could kindly help in this matter.
Thanking You
Yours faithfully
Partha Sarathy
Tekchand Gaur
05 February 2013 at 18:14
hello Experts
Mujhe yah jana hai ki aarye smajh madir se mila hua marriage certificat power full hai ya marriage ragistration certificate
meri shadi aarye smajh mandir m hui thi or one year baad humne apna marriage ragistration utterpradesh me karvaya humari advocate ne vahan humari shadi u.p ke shiv mandir m show ki na ki aarye smajh mandir m humhe shadi ka ragistration certificate mil gya per humare singh ragistor ke samne nahi hui the
ab mere pass dono certificate hai aarye smajh mandir ka certificateor shiv mandir ka ragistation certificate
Member (Account Deleted)
05 February 2013 at 14:58
we have filed 13B in family court, chennai. 7 months back and tom is our hearing for that. (Hope that is to get the order). But i am not available tomorrow at the location. And wont be able to attend it. Will they give next hearning for it ot will it be dismisseD?
Note: i dont have any lawyer as we did 13b with my spouse lawyers
richa
05 February 2013 at 13:17
Please send me new judgement on divorce is not first option.
srinivas
05 February 2013 at 10:26
My only one son recently expired in 2010,leaving behind his son of age 2 ½ and now he is 5 ½ yrs old .I later on convinced my daughter-in-law to stay with us in Banglore but she took our grandson with her and stayed with her parents in Mysore. In the meanwhile, when we spoke her through phone,she did not speak to us so well and not even she gave us to talk to our grandson.But she got her child in Bangalore during holidays. we gave her money for maintenance every month.
Then we convinced her to get re marry and got married on 2nd December 2012, and we told her to leave our grandson with us.My grandson is very fond of me and he does not wants to go with his mother. After my daughter-in-laws marriage, she is forcing us to take away my grandson back but the child is not ready to go with her.She came here in Bangalore, and fought with us for her child.
Now i have my grandson ,aged 5 1/2 yrs, with us.
1. Can I take court's order in urgency to keep my grandson with me, without mother's consent?
2. We got our daughter-in-law married and we gave all the expenses for the marriage, so do still a mother has rights on her child after re marriage.
3. I am 62 years aged and my wife 58yrs old, we have 2 married daughters and no son, so can we make our grandson as our son legally without involvement of his mother and can I get court's order for the same?
4.I have a big estate and I want to make in the name of my grandson, please suggest me as to how to keep my grandson with me forever?
5. My daughter-in-law is saying that she has full rights on her child and she will take him back, can she do it legally and will the court give custody order to her?
6.What are the possibilities that a Mother has rights for her child to take back and What rights I can get my Grandson forever with me?
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Hiv criminalization
Dear All,
recently i got a case, here is brief details
X got married Y three year ago, recently Y infected with HIV, after that X came to knew Y family members have HIV before marriage. luckily X and X kid are safe zone as of now. Y started asking money if X need a KID and divorce, somehow Y has file cases under 498A but after en-query police people are dismissed the case.
while proceeding Honorable judge asked me to provide proper information where KID have risk living with Mother and grand mother ( both are HIV patients )
after meeting with Doctors who has given treatment for Y, he is saying absolutly risk involved if KID living with HIV patient, but he is not ready to give any letter and recommendation because he is saying it's every body knew the risk that's why there is huge awareness campaign going on HIV.
Can any one help me how can i prove to Judge and support my client and save one life.