ketan
25 October 2012 at 12:50
Respected Experts m ketan from karnal(Haryana).
m fighting a divorce case and filed up pitition
but wife is not responding court summons two summons
already completed but she didnt come for hearing
what should i do third summon will be send in last of next
month.
1.what should i do?
2.if a request for xpartee then how long it can take.
(my lawyer is not suggesting).Plz answer this query(average time which normally )
3.she had taken away both of my daughters and staying wid her parents in Chandigarh.
and case is filed in Karnal(haryana) my hometown as we stayed last here.
4.she is not responding can i do application in local police station to ensure judge.
5. is it xpartee legal in haryana state.
6. her father is no more perhaps she dont want to contest.but not responding as well nd not receiving phones.
7. plzz tell me on an average time for the same plzz.
AVIT PARMAR
25 October 2012 at 12:21
Respected sir/mam
mujhey aap say yeh jaanana hai ke mere name key saath surname edit ho sakta hai. mere all school certificate mai mera name Avit Singh hai aur mai ab ismey surname laga kar Avit Singh Parmar karwana cahta hu. iskey liye mujhey kya karna hoga aur fee kya pay karne hoge. please pure jaankare dey.
jishkumar
25 October 2012 at 09:31
I had filed petition ( A and E )for divorce in 2006.Understanding that I am unemployed, court had granted 1500 Rs maintenance to my wife and half the school fees for my daughter's education. This judgement was on the basis that I was unemployed and totally dependent on my parents and at that time my wife was employed.
I was paying the said amount without fail from my parental income.
My wife was staying in her maternal house with daughter. After some time we decided to stay together , so then Court had directed in 2010 that I should search for a job, till then wife will stay in maternal house only & when I get a job, she will stay with me and time period of 6 months was given.
During the span of 6 months, nobody, ie neither my wife nor me, attended the court dates, & hence the case was disposed ( and says 'contested otherwise').
Now since I could not succeed in getting a proper job, therefore I have decided to involve in my parental business which is a small shop of daily needs.
I want her to come and stay together in parental house, but now she doesn't wants to come back & asking for divorce. But same time demanding for huge sum of Rs 40 Lakh, which is next to impossible. since this payment will be totally from my parents income, who are senior citizens.
In this case can I ask for section 9 RCR. Plz note that now the case is disposed. And she can ask for increase of maintenance and not agree for RCR. So in that case, will court give divorce and how the court decide the final maintenance amt ( one time payment ).
Please advice
sravankumar
25 October 2012 at 01:39
Sir
i married 3 feb, 2012.now my wife and me staying separately.she is in her home.from feb 2012 to till date now hardly we staying/meet approximately total 50 days ( in different spans).Now one month ago serious discussion on topic wife coming back form her home.finally her per parents and she also not agreed to stay along with me in different state. From that they day we are living separately(one month) and communication with her. Their family members not interested to solve the issue now and told that matter will discuss after six months. lost time i met her on date 20/09/2012. Also gave threatening calls that they will file false case on me and my family members.
now my questions are
1 when will approach for mutual consent divorce.?
2.if they are file 498a and DV against on me and family members what is suppose to do ?
plz suggest me
srilakshmi
24 October 2012 at 19:49
kindly advise me on the legal matters when the child is born on live in relationship. i am a married women,but seperated since 7 years from my husband and divorce on mutual concent is under process. during this time, if i have a child from my present live in partner who is also married, what are the complications i have to face otherthan adultary. i just want to know, can i give the biological father name to my child who is born out of this relationship. i just want to know about this. thank you all
Member (Account Deleted)
24 October 2012 at 19:35
After spending 3 years in court, I came to know from another advocate that the case in which I'm respondent is not maintainable because wife filed it in incorrect section. ie. HMA 13(1) asking for annulment on impotency and mental cruelty. My advocate should have asked for maintainability hearing and get it dismissed.
When I approached him for no objection certificate and case file for changing advocate, he is asking for huge money for the same. I have already paid fees at each stages and every hearing till date.
I'm not ready to pay him anymore and want to handover the case to another advocate.
So, Please let me know how to proceed to change advocate if he is not willing to give no objection certificate.
Can I directly ask the judge to change the advocate showing the mistakes he made in handling the case?
Please help.
jishkumar
24 October 2012 at 18:50
Please answer my query :
I had put a case for divorce in 2006 and therefore then I had 3 cases going on, Petition A, petition E and 1 for RD. the case was going on till 2010 and interim maintenance was also started to 1500. and then we both decided to stay together in my house. Plz note, she is staying in her maternal house since 2006. I was whenever i used to get time meet my child which was with her. In 2010 i askd her to come back and she agreed in the court also, but she didnt came back. ANd this is not know to court as I am not attending the court and it so happened that the case is showing as disposed from june 2011. I askd my wife to come back and she is not ready to come back, therfore I am not able to understand as to what to do now. Earlier I wanted divorce and she didnot wanted and now she says she wants divorce but asking for money which is way beyond thoughts. AS earlier she was not ready to gove divorce, I was not regular in attending court as I was going out of town in search of proper job.and now she says to relieve her but enormous amount of money. So i am stuck here.she says she will put up the case for increasing maintenance. But the case is disposed.so since jue 2011 there is no court proceedings and I have given her complete maintenance till may 2013.
PLEASE guide me. as my parents also are in depression and they are worried about my future.
Member (Account Deleted)
24 October 2012 at 18:18
Hi,
I have not received divorce petition for 1 year and on receving I got it transfered through SC. After that few months other party put power of attorney application and got it. Now after POA they forward application for one side case as WS is not submitted. Judge has given date. My query is what can happen?
Puneet Bhardwaj
24 October 2012 at 12:35
Sir,
My judicial separation case is going on since April 2011.
1.Mediation failed in DEc 2011
2.CAW cell case -AB taken
3.DV case -1st hearing next week
4.Maintenance-Details in HC Judgement -Wife submitted -We shall submit on next hearing.Lots of lacuns seen in her statement
5.Wife quited job 2 months She was earning .6.6 lacs pa.
6.Judge scolded her during the last hearing-court will find out all details based on this.
7 Now after almost 2 yrs, having filed all cases -she wants to come back and I am not interested for RCR.
8 Chamber discussion on 29th Oct.
What are my chances -I am going to say I want to settle the case would never like to live with her,.
Kindly guide.
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