valentine thakkar
07 September 2012 at 20:49
The wife gave amendment application U/O 6 R 17 for amendment in the Plaint. After six months' debate amendment was allowed with cost. The amendment, however, was allowed after 3/4 months and during the intervening time whenever date was fixed, the wife's advocate attended the court and inquired about the amendment. When he was absent and could not come thinking it might take further time, amendment order was passed. 14 days had passed and the advocate gave application for extension which was granted. The applicant paid the cost and made the amendment. However, the opponent adv. quoted R 18 and asked for expunge/revocation/ cancellation of the amendment. What could be the decision of the court?
Dinesh
07 September 2012 at 16:54
sir i m citizen of India but from last 4 years i m living in japan. 2 years before i get married with a girl in japan who is citizen of japan since birth (but her family native of India). since after marriage she not consider me as her husband, in-short nothing is existed among us. now i tried to get divorce from her in japan court but she clearly refuse to give divorce.
so, plz sir, guide me what can i do??
can i come to India and can file a divorce petition here in India ?? or any other alternate??
Indira
07 September 2012 at 15:36
Dear Sir/ Madem,
I am from chennai and I got married in 2006 and my wife was in UK. Due to misunderstanding we were planned to apply divorse.Since she was in UK she didn’t singed the summon and appear in cournt.I got X party divorse in sep 2010 but I have a letter from her duly signed by her stating she also needs divorse from me.
My Question is
a)if my wife put applicaton against my xparty after 90 day period then have any chance to cancel divorce decree..... Is that X Prty Divorse valid?
b)Will it cause anyprob fr my second marriage?
Please reply
Member (Account Deleted)
07 September 2012 at 14:38
i m living in kotdwar. i was maried in may 2010 .my family(wife and son who is of 1 yr old) are in delhi. i m dishouned by my family but still living with them. i dont have any prop in my name ant the prop from which i m dishouned is my fathers self accuired prop.my wife din't want to come with me. i went there to bring her two times. her parents are now allowing to take her until my father again gives right in property. she is under control of her parents. she filed a fake case of dowry 3 months earlier. that was satteled in panchayat and there was no issue of dowry told to pamchayat. in written settelment of panchayat nothing about dowry is mantioned. she left the kid more then 2 times saying she did not want husband and child only due to our personal disputes in past . is it helpful for me to get the kid back? how much chance i have to get my kid back?
i can prove that the case of dowry she filed was fake. i have many conversation(as sugested by 498.com that keep records for your safty) showing that the metter was not dowry but of her fathers interfarance in my family.
could she get any punishment if i do so?
had i voilatated any privacy rule by recording our conversations? as i know and read that doing this for a judicial perpose is not voilation of privacy. kindly clearify.
as i dont have any thing to give as compansation amount. is divorce possible without compansation?
what could be the mantinance for kid as i m unemployed till the time i get him back?
can my father sapratly file a case of manhani against my wilfe as the panchayat had seen that there was no issue of dowry?
Mehak pillai
07 September 2012 at 07:54
Dear Experts,
After filing an IA, can the petitioner remain absent for two court dates with valid reasons of absence? In this case, the reason of absence will be explained by the advocate from the petitioner's side. Please guide.
Regards
Mehak
UDAYA KUMAR
06 September 2012 at 19:13
My daughter took intercaste marriage. If my daughter dies is there share to son-in-law in my self earned and ancestral properties?
SUNIL
06 September 2012 at 16:07
it is written that
in the case of making a WILL-------
The testator shall sign or shall affix his mark to the will, or some other person shall sign it in his presence and by his direction.
BUT MY QUESTION IS - why "some other person shall sign it in his presence and by his direction" ?
in which situation some other person signs in the presence of testator? if the testator is present then why some other person shall sign it?????????????
this is very unsafe because suppose testator did not tell any one to sign that . suppose he did not make any will.
suppose a wicked , bad person can write a will and sign the will in favour of testator and can take all the property fraudulently.
what do u think?
I can't understand the rule.is it a safe rule?
Ashish Kumar
06 September 2012 at 08:04
Dear Sir/ Madam
Kindly clarify my some points:
I got decree of sec.9 on 31st October 2010 and filed divorce in May 2012. Now the opposite party has filed a miscellaneous case that they have not received the sec. 9 notice so they couldn't appear so decree should be dismissed. Section 9 was filed in Aug.2009 and they never received the notice (intentionally).Although address on which notice court use to sent is the same on which they have received the divorce notice. Court use to sent notices at two addresses one at Noida and the other one at her permanent address. When they didn't appeared for sec. 9 hearing paper publication was done but they even didn't turned up. Though her brother threatened me on phone in which he has accepted that he has received the notice and i have the recording. Even my wife and her brother called my lawyer (when they received notice of sec.9) in which my wife said that she will not stay with me.
I have filed the divorce on the grounds of desertion (sec.9) and cruelty.
Now whether Court will dismiss our sec. 9 decree?
Whether my divorce petition will be rejected?
Court will not consider our plea for Divorce?
whether recorded conversation between me and her brother can be produced?
whether my lawyers statement (conversation with my wife and her brother) will be an evidence?
Paper publication will not be considered?
Ashish Kumar
06 September 2012 at 07:27
Dear Sir/ Madam
Kindly clarify my some points:
I got decree of sec.9 on 31st October 2010 and filed divorce in May 2012. Now the opposite party has filed a miscellaneous case that they have not received the sec. 9 notice so they couldn't appear so decree should be dismissed. Section 9 was filed in Aug.2009 and they never received the notice (intentionally).Although address on which notice court use to sent is the same on which they have received the divorce notice. Court use to sent notices at two addresses one at Noida and the other one at her permanent address. When they didn't appeared for sec. 9 hearing paper publication was done but they even didn't turned up. Though her brother threatened me on phone in which he has accepted that he has received the notice and i have the recording. Even my wife and her brother called my lawyer (when they received notice of sec.9) in which my wife said that she will not stay with me.
I have filed the divorce on the grounds of desertion (sec.9) and cruelty.
Now whether Court will dismiss our sec. 9 decree?
Whether my divorce petition will be rejected?
Court will not consider our plea for Divorce?
whether recorded conversation between me and her brother can be produced?
whether my lawyers statement (conversation with my wife and her brother) will be an evidence?
Paper publication will not be considered during hearing?
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Maintenance
if wife is earning whether she can claim maintenance?