diganta
20 August 2012 at 13:21
Wife filed a maintenance petition against the husband u/s 36 of the Special Marriage Act, 1954. Wife is unemployed and no source of income. In that situation the husband left his job for not giving any maintenance to her wife. My query:
1. Can the wife get maintenance in that situation and how?
2. Husband have a flat in his name, can the wife claim 50% share of the property?
Shantanu Wavhal
19 August 2012 at 20:32
Should I file IPC 494 in the district where my marriage was solemnized ?
or
can I file 494 at the District where I am residing permanently ?
the place of marriage is in different district & is 100 km. away from my home-town.
facts :
I am the husband.
my wife was married earlier.
she married me w/o taking divorce decree from her 1st husband (who is alive). They prepared Registered divorce deed only.
The Code of Criminal Procedure, 1973 (CrPc)
182. Offences committed by letters, etc.
(1) Any offence which includes cheating deception .......
(2) Any offence punishable under section 495 or section 494 of the Indian Penal Code (45 of 1860) may be inquired into or tried by a court within whose local jurisdiction the offence was committed or the offender last resided with his or her spouse by the first marriage 1[or the wife by first marriage has taken up permanent residence after the commission of offence].
1. Ins. by Act 45 of 1978, sec 15 (w.e.f. 18-12-1978).
rakesh
19 August 2012 at 19:22
Dear sir,
Iam working on a moot problem which is based on family law. in this particular case the husband and the wife was married according to the provisions of Hindu Marriage Act. Both had frequent fights as the wife was a party animal and used to drink a lot and comes home late such issues were raising between both she even had filed a FIR on the husband and his relatives for mental cruelty but she had withdraw ed it apologizing to the police then the husband filed a divorce petition in family court on the ground of mental cruelty. but the petition was rejected when wife showed interest in the marriage. Meanwhile he came to know that she was pregnant and had a appointment with a doctor to abort the child. husband went to Bombay High court for injunction against abortion and challenged the constitutional validity of Medical Termination of Pregnancy Act and asked for the custody of the child after birth and in the same proceeding he also filed a petition for divorce.
In this case jurisdiction is the biggest issue as constitutional validity of MTP would be filed under art 226 of Constitution and in the same proceeding he also filed divorce which is and appeal against the impugned order of the family court. As High court has the inherent power to conjunct cases which would be pertaining to the same party. But in this case whether high court has the power to conjunct cases of two different nature an original application and and appeal in the same proceeding.
Please help me with this case.
Ashish Kumar
19 August 2012 at 13:32
Can u pls cite some landmark cases regarding Restitution of Conjugal rights...... Thank U :)
Shruti H
18 August 2012 at 14:42
My wife has left me from last 2 years and i don't have any contact of hers.
Now if i approach court for divorce, will i get easily
Ranganath
18 August 2012 at 02:08
Ld Counsels,
During cross examination if wife admits that she is an important officer at her job and she receives official calls on the mobile phone.
will that allow the court to presume that no one including her hsuband can misuse her mobile phone.
Thanks in advance.
itishree patnaik
18 August 2012 at 00:58
Dear expert there is provision of senior citizen property protection act.
my widow mother age 76 has a property on her name she got it from her parent but no peper of gift.she has 4 sons 3 daughters. she is staying with her son and daughter in law and a 60 year unmaraid daughter.but the son is a lawer as well as a drunkad the daughter in law is cruel women turtutured my mother as well as the son .the son had filed a partition suite saying the mother is not an urning member and as it is fathers property he has the rights.he need his share for that every day he is abusing the mother for the property.police despite of protection order is being silent as he is an advocate and saying as it is a family dispute for property if mother will give the share the problem will be solved,all the sons not ready to take or solve it with the mother.they wanted the mother should live her share now then only they will solve it, please advice me whether the senior citizen property protection act will help?or any law can give a peace full life to my mother...in her last lap of life, as she desparet to stay in her own house.i need an urgent soution pls advice me as soon as possible.
now the 1st son is also abusing for the property the two old lady s are serviving in fear and help lessly,
hemant
17 August 2012 at 23:49
I got married in 2001 and I have 2 kids aged 9 and 4 years of age. The situation was bad from start but it has been aggravated with time. My wife keeps on behaving in a very mad kind of behavior. She keeps on fighting with people,shouts, with time started biting, also uses very abusive language. She doesn't have attachment to anybody even kids. She started scolding kids such as you should have died.
We feel very unsafe in her presence. Also we are afraid that she doesn't indulge in some catastrophic thing. Even everybody in our house including kids can state against her. Also we have a stamp paper document signed by her parents that she is not medically fit and we are not responsible for any step she takes in future. Please suggest me what are the possibilities of divorce as she not at all wants to quit marriage.
sachindeshpande
17 August 2012 at 23:42
I am working in bank, our account holder has made the valid nomination before he dies , our legal adviser is insisting on succession certificate for payment of death claim to deceased nominee, our legal advisor claims that nomination can be challenged in court .In such case bank would be in trouble. Please guide me.
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Divorce
i m a divorcy by mutual consent after 9 month ago. but he was demand me a legally divorce and i will married 2nd person for those days so plz anything issue of my second marriage for this legally divorce procedure can i get married for the period of legally divorce