Shahnawaz
29 October 2012 at 16:39
I got married in 2006, it was love marriage. And we got our marriage registered under Special marriage act.
Due to differences between us she filed 498 A case against me and my family which came to be dismissed after trial.We have filed for separate divorce petition (Feb 2012) in Family court and in both our petitions we have stated we are living separately since 2009 and its a fact.Divorce case has been clubbed together and now during cross examination she never appeared and has filed IA for changing her main application from divorce to Judicial separation.
My questions is:
a)On what points can i argue against Judicial separation?
b)On what condition judicial separation can be granted by court?
Any help or suggestion will be greatly appreciated
vasantlal D. patel
29 October 2012 at 14:29
I need your help to file petition to access granddaughter. Please let me know Section and rule under which Grandparents can file the Petition to family court to have access to Granddaughter
An early reply will be highly appreciated
Sorry for the inconveniences.
Thanking you
Yours truly
Vasantlal D. Patel
29.10.2012
pawan
29 October 2012 at 13:29
brief facts are as: married in feb 2003.elder child born in may 2004.her behavior is not up to the mark from very start.she and her mother is dominating typed.her mother ,mama & mausa interfare a lots.she insist for separation from parents (yet being the only son) got separated since 2005 having separate ration card & gas connection. she went for maternity purpose to her parental home on 28 march 2010 and delivered my younger son there 0n 9 april 2010.but didnot turned back.her condition was that transfer anaestral property(owned by my father) to her name,which i denied.when all social means failed to bring her back.,then i filed for sec 9(RCR) in nov 2010.she clearcut refused to comeback in reconciliation and filed sec 24. she got nothing but for 2 childs was granted rs. 2000/month.getting less maintainance she filed a false DV case. in dv also she refused to come back at PO office.i paid for one year in rcr through sec 24. in may 2012 when they comes to know that i am going to file perjury in dv case.she withdraw dv on 31 may 2012 and i withdraw ripe rcr on same day stating"a mutual compromise has happened and i donot want to proceed with litigations". but after withdrawing she doesnot come back. then all of a sudden on 27 aug 2012 she came my house without elder son and with many villagers to create a drama.she and her mother abused a lot.breakdown lock of bedroom etc.and remains in my home for 12 days.inthese 12 days her behavior was very abusive.all neighbours are its witness.0n 9 sept 2012 .i said her to call back elder son(8.5y) as was her parents promised while leaving her back.but she refused & abused.hit me with iron hammer and run to police station.after two hours when her family members came they withdraw police complaint and took her back stating she have to given her jammu jbt exams.and she will come back after exams alongwith elder son.later i asked to police if they had any diary no etc but they refused for any diary no.but her exams are over on 3 oct but she is not back .any of there people is not responsing.all of social persons of their side accepted their fault??now inlaws are threating me again? i tried a lot to save marriage but now i thinks it is broken down irreversibly .my questions are (a) if i file for divorce now her 2.5year disertion will be counted? (b)is court consider this 12 day stay as pre planed to discontinue disertion.?? (c)i need divorce and custody of elder son(8.5y) how should i proceed??? (d)if they file again false cases like dv/498a etc,,are they maintainable in court of law???? please give advise.regards.
G. ARAVINTHAN
29 October 2012 at 12:38
Wife was deserted from January 2010
Wife filed M.C. under Sec 125 Cr.P.C in june 2010 claiming maintenance from the date of desertion
Till date no interim order has been passed and the application is still pending
Now salary of Husband increased..
a) Can wife file a new maintenance case under Section 125 Cr.P.C for future maintenance ... i.e from July 2010?
b) Can a suit be filed against a husband for maintenance?
i) can salary be attached for maintenance?
ii) can ask a prayer for arrears of maintenance?
Harshala
29 October 2012 at 12:08
My friend’s father has died recently; in his will he has nominated his only one son as his legal heir for his flat located at Kurla. However he has put the condition that my friend cannot sell, transfer or rent out the said property before marriage. Besides that if anything happens to my friend this property will get automatically transfer to my friends three aunts who are unmarried and was living with his father in that flat. My friend’s aunts also own one more flat in Vashi which was received by them from their parents and they are living their permanently. Further his aunts has the original copy of will with them surely but they are not ready to hand over the same to him with an intent to not allow him for getting the benifit of same / for smooth execution of said will. further all the executors of the will are not alive anymore. so what will be the legal remedy for the same? can we approch police authority for the same?
Mihir Gohil
29 October 2012 at 12:01
Dear Sir,
First Happy Dashera,
We are two brothers, in 2009 we sold 1 properties at south bombay. properties name holder are my mom at the same time we buy a 2 new properties. 1st holder are my brother and second holder My Mom In Properties No.1, In Second Properties First Holder My Self And My mom. the all investment done by my mom only. now the problem is my big brother not leaving with us and he does not provide any consideration (Monthly payment) to my mom.
in Agreement we not shown for any % between my mom and my brother. now my mom said we sale those properties and take the money from him so what to do now please help
Raj
28 October 2012 at 16:49
I filed divorce case in Mumbai Family court a year back. After mediation now the settlement agreement is signed and sent to court by Mediator. Affidavits are also signed by both me(petitioner) and my wife (Respondent)with form duly filled for converting divorce petition to by Mutual consent. Now Respondent is finding some excuses to withdraw her consent.
Is this possible and can this be consider as contempt of court ?
Sarafraj shekh
28 October 2012 at 16:24
Sir...
Mera naam sarafraj hai; mera child marriage hua tha jab meri age 10 years thi; means 1995 me muslim shariyat k hisab se mera nikah hua;
mera gauna 2010 me hua tha; me ghar pe ab tak wife k sath puri tarah 3 mnths b nahi raha hu;
me us se divorce leke dusri muslim ladki se nikah kar sakta hu kya...?
;
ya fir me bina talaq liye 2nd marriage kar sakta hu kya...?
Talaq aur 2nd marriage k bare me muslim law kya kahta hai;
plsss sir mujhe bataye... Ho sake utna fast rply de;
thanks sir.....
Sarafraj shekh
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Second marriage through court(muslim category)
Dear Members! I filed restitution but the respondent did not take any interest to join at its near two years.Though Islam permits polygamy since we live in India and we have a muslim personal law.But without intimation to court second marriage may be punishable as it is mentioned in The muslim family laws ordinance,1961 which is applicable in India and PAK.I request the experts what would be the correct procedure to go for second marriage through court.What are the prerequisites to go for the second marriage as per the Indian law and muslim personal law.May be the first wife claims for maintenance if i go for second marriage without intimation." I would also request the experts to mail the applicationformat for second marriage.Here it mentions the ARBITRATION COUNCIL The muslim family laws ordinance,1961 CAN ANYBODY CLARIFY THIS
iS THER A CHANCE to get the maintenance if i go for second marriage through a proper channel?"