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.
Member (Account Deleted)
23 October 2012 at 20:54
How does court decide when would six months for second motion will be complete?Does it take each month as of 30 days and decide it atleast after 30 multiplied by 6 =180 days of first motion or by any other way?
Shruti Trivedi
23 October 2012 at 17:05
hullo everyone,
i have a query here. I got engaged to someone two years ago..as he was an NRI we did an early court mairrageso that we wouldnt have to face VISA problems later after we get married after an year in a ceremony. Between the year some family problem arised and we we got saperated. We have always lived saperately in our own house and have met hardly once during the engagement ceremony.WE filed a divorce and got it. But noone except our family knows about the court mairrage. now i wish to get married again, but will my future husband know about it if i dont disclose the fact to him at the time of mairrage registration in a diffrent state? Kindly help me with this issue.
ragini batra
23 October 2012 at 12:00
Hi everyone m ragini seeking help regarding my query :::::::::::::::::::my boyfriend got married in dec 2007 and his wife didn’t like him but want assets which is on the name of his father and after a lot of consultation he filed a divorce case but he has got X-party divorce decree from delhi court in March 2011 as his past wife didn’t appear in frnt of court.now we are planning for us my queries aree::::::::
• is this a valid divorce.
• Can v marry now.
• She and her family is now blackmailing for 498a.and usually call him and finish with hated arguments and abuses.and they want to do appeal against Xparty divorce decree in delhi high court what should be done to save his family.
• We both are depressed by his wife and his past wife’s family they r ready to give her maintainence and already paid a lot lumsum amount to save them from 498a and other allegations.
• Her father is senior teacher in delhi govt school.can they take advantage of that.
• can she file 498a against him and his family.
• V r in kanpur now and she and her family is in delhi(noida).
• If v marry silently can she have right to disturb us legally.
• Please reply as soon as possible.plzzzzzz reply all answer vill b so much thankful to all experts.
Thank you
L.K.RAO
23 October 2012 at 11:52
We are a family of six brothers and five sisters.There was an ancestral property measuring around 11 cents. I presume, since it is ancestral property, all the siblings have equal right to the said property .However one of the brothers constructed a house in the front, on his own without consulting others about 20 years ago in about two cents' land.and since no one raised any objection at that time, this has become a fait accompli!
This brother expired in 1998.His son is living there now.
The remaining siblings now want to sell the entire landholding for which a meeting is arranged.The question is, in case ,the nephew does not agree for disposing the house ( in turn the plot),What recourse is left to the the others to realise their portion of the property.The one cent plot is so small and independent buildings cannot be built.Can the 10 siblings force the nephew legally to agree to the selling of the property ,since it is a joint holdings and everyone's signature will be required.If this is not feasible then the said property will remain vacant for years and by default may go to the descendants of the nephew after some years since all the living siblings are aged past 60 years!
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Wife not coming back form her home
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