Naresh
30 August 2012 at 13:10
The maintenance case filed u/s 18 HAMA by wife is dismissed by the honourable family court in january, 2012 on the grounds of desertion by wife also on the false allegation that the husband is impotent (medical board certified that husband is potent).
Now ex-wife (since divorce is also granted on cruelty & desertion) appealed in the high court asking for continuation of interim maintenance of Rs.5000 pm, (which I had paid until the disposal of main OP case at the family court) until the disposal of the main case at high court.
I recently appeared for the first time before high court, after I received the notice and asked the judge 2 weeks time to engage an advocate.
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Facts of the case are as below:
In the cross-examination, she said
(a) Since my husband is impotent, I'm living separately.
(b) I realized that my husband is impotent 4 years after marriage and by that time it was already 20 months, since we have been living separately.
(c) I'm not interested to live with my husband.
(d) Except on the ground that my husband is impotent, there is no other ground for me to live separately from him.
On her application I was sent to medical board, which found me potent, so her allegation proved fault by the medical board.
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In these circumstances, I have the following questions
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(1) When the main OP itself is dismissed at the family court on merit, will their claim for interim maintenance be allowed, as the interim was allowed at the family court without ascertaining the full facts earlier and as an interim relief only? Now that, the main OP is dismissed on merits, whatever awarded at the time of IA will no longer have any meaning as it was awarded with partial facts. What to argue at high court so that their interim claim be dismissed?
Naresh
30 August 2012 at 12:38
Dear Sir,
The maintenance case filed u/s 18 HAMA by wife is dismissed by the honourable family court in january, 2012 on the grounds of desertion by wife also on the false allegation that the husband is impotent (medical board certified that husband is potent).
Now wife appealed in the high court asking for continuation of interim maintenance of Rs.5000 pm, (which I had paid until the disposal of main case at the family court)
until the disposal of the main case at high court.
I recently appeared for the first time before high court, after I received the notice and asked the judge 2 weeks time to engage an advocate.
I have the following questions in this regard
(1) Is it a good idea to represent the case party-in-person? what are the difficulties, I may have to face?
(2) Actually, I know my case very well and I was the one who had written and filed the written arguments in the family court. How differently, the high court lawyer may help me & argue? As far as the content of the case is concerned, I am well aware of the case, what extra benefits I would get by engaging an high court advocate?
(3) Apart from the case content, what extra knowledge is required to argue case on my own?
(4) If I argue myself, is there a possibility that the opposite advocate could exploit my inexperience and lack of legal knowledge?
Please advice and answer my above questions sir.
Regards,
Naresh
bhusanbharat
30 August 2012 at 10:47
Dear Experts!
I have been separated from my wife since last 12 years. I don’t know where she is residing now in India even my family doesn’t know about their family living address. I would like to know in this case, could i get separation certificate and how? If i file the divorce case, how long does it takes if there is no response from my wife side and what is the process to file for separation or divorce?
Thanks for your attention!
Bhusan
Law Querier
30 August 2012 at 10:34
Wife came to marry in India from Canada in Feb.2011. After completed registration and ceremony of marriage, she went back to Canada.After that disputes arose during telephonic conversation between husband and wife. Wife is decide and demanding for divorce.Husband does not want divorce. Wife has entered two petition- 1. at Canada court 2. at Indian Court (Section 13(1)(ia). Now, wife has got divorce from Canada court by satisfying the ground of divorce of separation of one year.Canadian Divorce letter has received by Husband at his Indian address from Canada Court.The Case Wife relatives in India are also supporting her.Husband is challenging the allegations put by Wife in Indian Court and Indian Divorce case is still pending. Now, Husband want to oppose the judgement given by Canada court. How can he do this? Can Husband put allegations on his wife and his in-laws under IPC section 406 (criminal breach of trust) and 407 (Cheating) ?
asmita0009
29 August 2012 at 22:58
my advocate had given me the wrong information about herself and done so many mistakes in my case.to whome i can complain? is there any govt body who can make the investigation and give punishment to this type of cheater?
kiran
29 August 2012 at 22:05
Hi,
I have lost a Divorce case in High court, and My wife has now come for a compromise and a memorandum of understanding is signed and submitted in sessions court of 498a.
1. what is the fastest way to apply and get divorce in High court again after the compromise.
2. Can we apply for divorce again in High court based on mutual consent.
Thanks and Regards,
Vinu John
29 August 2012 at 02:25
Hello Sir,
This is XXXX well I'm already divorced by Law. The question is for my friend as she did a court marriage from Mumbai and now she would like to get divorced and need some information about it.
Kindly help,
Regards.
Kalyan Ghosh
28 August 2012 at 15:03
It is seen Wife share in property owned by husband would be 50% even after divorce as per the new law .But if a property is owned by father of the boy and ONLY AFTER DIVORCE OF THE BOY FROM HIS WIFE the father gives the property to his son by will WHETHER IN THAT CASE the wife of the boy can still claim share of the property
Parveen Jain
28 August 2012 at 14:40
Sir,If a Hindu man Made a Will in Favour of Minor Daughter and apoint Gurdian Her uncle(Chacha) instead of Her Mother,What is the Legal Status about gurdianship
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Divorce validation
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