Dear Experts,
Please guide on the following issue as follows;
Husband and wife both are Hindus, marriage solemnized in India as per Hindu rituals, after few years both shifted to abroad and filed mutual consent for divorce over there and further got a Decree.
Hence the issue that whether a mutual settlement between husband and wife before a foreign Court with reference to the its consent on divorce is binding or valid in Indian Court ?
If so kindly do provide relevant provisions in order to substantiate the issue.
Thank you all
Member (Account Deleted)
27 October 2012 at 13:30
In second motion which documents are to be attached with petition when judge is same
sudha
27 October 2012 at 11:32
i AM THE ELDEST SON IN THE FAMILY. mY MOTHER EXPIRED. nOW MY FATHER , MY 2 YOUNGER BROTHERS AND ONE SISTER ALL MARRIED ARE LIVING. oNE FLAT IN bORIVALI WEST MUMBAI
WAS IN MY MOTHER NAME. nOW MY YOUNGER BROTHER AND MY FATHER STAY THERE. bUT i LEARN THAT MY YOUNGER BROTHER HAS TRANSFERRED THE FLAT IN HIS NAME WITHOUT MY CONSENT OR CONSENT OTHERS I.E. MY FATHER, ANOHTER BORTHER AND MARRIED SISTER. wHAT TYPE OF LETTER i SHOULD WRITE TO CO OP hOUSING SOCIETY TO CANCELL THE TRANSFER OF FALT IN THE NAME OF MY BRTOHER AND AND WHAT STEPS i SHOULD TAKE TO GET MY SHARE IN THE FLAT
Member (Account Deleted)
27 October 2012 at 11:03
How many days does it take to get certified copies urgenlty in Tis Hazari court ?Does it differ when lawyer/petitioner apply?
SanilS
27 October 2012 at 07:21
If a foreign court with jurisdiction dissolved the marriage and approves a mutual agreement to the all aspect to the marriage related to the Petition’s, being the wife, application. During proceedings in the foreign court full and final disclosure was made by the parties including the Stridhan. The foreign court dissolved the marriage and ordered that the parties are NOT allowed to any application for order relating to the dissolved marriage, which I had taken place previously under Hindu Marriage Act.
Question(s):
• Is the foreign orders legally binding of the parties?
• Is there any time frame after a foreign divorce decree by which the Applicant can submitted submit an application for further order to Family Court in India?
• Can the Applicant, being the ex-wife, by means of Power of Attorney file before the Family Court in India further application before an order relating to the alleged stridhan? If so, on what ground(s)? My understand once a court with the correct jurisdiction makes a decision (ie final and absolute) any further application on the same related matter will be barred under Res Judicata under Section 11 CPC.
• If the Applicant does submitted such claims, will be Indian Court will entertain the application? If so, under what section(s)? What is cause proceeding with the case? Would the submission of foreign decree absolute and Consent Order conclude matter? If not, what’s the procedure to get matters concluded?
• Any the chance going to either High Court or Supreme Court to get an award to get the Family Court case concluded ASAP? If so, under what section of the law?
Kindly look forward to your reply.
Thanks
A marriage was annulled through a decree of nullity on 20 th July 2012 under section 12(1) C of Hindu marriage act. The copy of the order was received on 20 th August 2012. Since, one month is completed after issuance of order on 20 th October, can the respondent still go for appeal. What is the actual time limit for appeal to a higher court? Please reply.
Grounds of annulment: Suppression of material facts about the respondent and obtained the consent for marriage by fraud from the petitioner. The respondent in this case did not disclose about her illegitimate child before marriage. During evidence (cross examination) she contradicted at many junctures.
Kindly give an expert opinion.
sbraj3@hotmail.com
rajveer
26 October 2012 at 22:57
i am a hindu guy.in 2005 i got married to a muslim girl under special marriage act 1954.but in 2007 she got married(nikah) to a muslim guy forcefully by her parents.but now she wants to come back to me.is her nikah legal?what shoul we do?please suggest.
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