lalita devi
15 August 2012 at 19:46
Pl see my request for guidance above. As my first husband filed and GOT a decree of divorce, I am legally divorced from my first husband. Is it not?
As my second husband and I entered into marriage, believing the validity of and words in the deed for divorce by mutual consent, and also have lived together for a long time, I would like to know the similar cases where such marriages have been upheld from the date of the same.
rsraghukumar
15 August 2012 at 19:28
sir as i discussed with you all about my case OP, my marrige is declared as null and void on the grounds that the girls earlier marriage is still subsisting. with out giving divorce she married for second time. that marraige was a love marriage. in the absence of thier parents, in a small temple they performed their marriage. the girl prefered appeal before High Court. High Court also dismissed the appeal.
Sir i came to know that they are going for Supreme Court of India. Sir,i heard that for going to Supreme Court there is no right to appeal. Is it correct?
Will Supreme court will see evidences at that stage? first husband came and given his evidence as witness in my OP case. the girl avoided entering into witness box. hence the court below has drawn an adverse inference against her. supreme court will see legality or evidences at that stages?
lalita devi
15 August 2012 at 19:20
I was granted divorce by a deed of mutual consent. My first husband and the lawyer made me to believe that this was final, the words were under 29(2) this divorce is allowed and either parties are free to remarry. I remarried soon after this, by a registered marriage. The deed was given as evidence of my divorce. Both my husband and I believed in the divorce of deed. 3 years after my remarriage, my first husband filed for a decree of divorce. Due financial and time constraints, I did not contest this, as by that time I was also settled in my new family and this was a crucial period in my kids' education. Now, after all these years, I learn from similar cases, that since my remarriage was before the divorce decree, it is not valid in the eyes of the law. My kids and I have seen happiness only with my second husband. I want to validate my second marriage. The interest is doing the right thing. My first husband is remarried. He has had no connection with our family since the deed of divorce by mutual consent. My kids have been brought up totally by my second husband and me.
Is there a site from which I can learn about similar cases? What are the procedures to validate my second marriage from the date since it took place, as we have lived amicably and meaningfully for many years.
Rahul F
15 August 2012 at 08:50
Hi,
I have filed a Divorce petition on the Cruality basis in Mar 2009. In my application I had mentioned that the Marriage is not consumated.
Carrier focused & money minded Wife, in her inital Written say has mentioned that, 'I have kept her away from any physical relation till date' (obviously she had no interest in that and she never attempted to be close with me). Now in her affedevit she has submitted that marriage is consumated and we had no physical relation since Feb 2009. The case still peding in Family Court.
She was legally (by court order) moved from house since Mar 2010, as she has beaten my mother to bleeding injury and a case under 324 was filed against her.
Can you please guide, how court treats this situation of physical relation from the Divorce point of view ? Would that help to get Divorce ? Any other suggestion ?
Kind regards.
Rahul F
15 August 2012 at 08:25
Hi,
I am victim of Domestic Vilence act. My wife filed a DV case against me n my family in Mar 2009 and is very WELL misusing the LAW. In one of the orders, in July 2011, HC has ordered that - "The main proceedings which are pending before the learned Magistrate be disposed of as expeditiously as possible and in
any case within a period of two months from today."
However our baised court is not taken this into consideration and allowing her to prolong the matter and its still pending in the said court.
1. I am willing to know if I can file the Contempt application ?
2. Against whom - Court or my Wife ?
3. What all I need to do ?
Thanks in advance.
Mrunmai Deshpande
15 August 2012 at 07:02
I am a young woman of 33years of age with a son of 2years. My husband is disabled and according to Doctors he is fit to do table work. But my husband is not working because he says that while going to any place of work he gets completely exhausted. He is suffering from paralysis of both the legs which happened after marriage. I was working before delivery and earning a salary of Rs8000/-pm. After marriage, initially we were staying with my in laws and then we started staying separately. After paralysis of my husband we again started staying with my in laws. My in laws are supportive but they are retired and sustaining on their pensions and on interest from Bank FDs. As my husband keeps on leaving jobs and does not work most of the time I want divorce from him. Currently I am staying with my parents and in search of a job. Will I get alimony and child maintenance from my husband even though most of the time he is unemployed. Please advise and suggest what do I do?
varun gandhi
15 August 2012 at 01:15
i have been living in my 1bhk small poor flat since past 1 year and i have not gotten a single penny as maintainance from my very rich father n mother.
i am only 12th pass and my health is very bad as i am unable to work and am loosing sanity day by day. i lost my girlfriend who i was going to marry cause of her parents telling me the abusive language used by my parents towards them insulting them.i dont have a job as i lost it 1 month ago n cant find a decent one and i live in my own small poor 1bhk flat costing rs 15 lacks only.i bought it 1half years ago.
my parents party and drink and enjoy life and dont pick up my call n when i try to plead them they say theyl call police and that i sohuld go to court for the money .so this is what im doing for my peace of mind that i demand maintainance as i am unable to maintain myself i am 28 years old .i also suffer from serious stress disorders and have become a pauper but cant mortgage my house as its against my principle.i have his returns and he is into business owns 2 big gand factories ,3 bhk flat, porshe bungalow,farmhouse but gives me not even 1 paisa.
fathers is into business and mother has over 1 crore in her bank account.
father earnning from business and others as below
salary he recieves from his own business 2725000
income from his house property 2612907
income from capital gains 7933200
income from other sources 345419
after taxdeduction under chapter4a amnt 1 lac
total income after deductions in fy10-11 rs 1,35,39,820
please tell me definately i think i can claim maintainance of huge amounts as there is a huge income comparison here so i am needy person of money.
Amit
14 August 2012 at 16:57
Hi,
My wife has filed DVC on me and my entire family.
From what I read elsewhere and in LCI forum is that to file DVC the respondent has to have a "domestic relationship" with the petitioner.
In my case, my wife originally stayed in my parents place for 3-4 days after marriage and thereafter we both stayed separately (in the same city but around 20kms away at the other end of the city) till we got separated (she deserted). During this time, twice a month or so we used to visit my parents place and live for a day (typically on Sat).
Given this,
(1) Is "domestic relationship" established with my wife and my family members?
(2) If no, then how to convince the magistrate saying so? What's the procedure for removing my family members' name from the DVC case?
(3) I am to file counter during the next date. Can I ask for some more time to file counter? How much time is given at the maximum for me?
Thanks
Harshali
14 August 2012 at 16:40
Dear Sir/Madam,
My sister was engaged on 1st of july2012 in mumbai. When we held up the engagement we were demanded lot of things as in ac hall, food for people, posh locality so as to parking is not a problem we gave them what ever was possible and tried to keep the event upto the mark as we could. When the time came to search for marraige hall we were asked for 5 star hotel and a specific date i.e 23rd dec as they has their daughter arriving for short period from 16th december to 10th jan. When we spoke initially of the marraige we were told that local marraige hall would be preferable but after engagement they insisted they wanted it to be in a five star hotel close to his office as his promotion was to happen in few days. my father is govt offcer and works for police department it was difficult to stay their demands we are three sisters and we thought of funding and getting the marraige done as the guy was good looking and educated. i lost my granpa in two weeks time and cud not get time to run behind the hotel things and finally we lost the venue. on this her FIL said we are not gonna change the dates and threatened my husband that he will break the marraige my dad begged not to do as it was girls life the same day they found another option lil less exoensive but they said will rethink on it.we waited for their call. we also realised from our sister that the guy used to approch her physically and started asking for more gold indirectly.
after three days they said that the guy doesnt want to continue with the girl as she has not show interestin him and doesnt call him rather he spoke thrice a day met couple of times. we all were shocked as it was a surprise the issue was never the relationship. It was the parent ego clash. They didnot think of my sister even once what could be her state of mind she is depressed and sometimes i fear she might end herself ,we tried several ways of compromising as the gurls character could be questioned. Can a persons promotion depend on how royal the wedding is gonna be ?? can there be a law where people just cant walkout without proper justification..he will spoil many gurls may the next gurl will give up physically and then he will change his mind for silly reasons.. I need justice they can do this to many
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Huf gift to his co-parncers & its liability
opinion on below case study ---
can HUf gift his co-parceners rs 15000,by persuading stamp duty paid on gift deed by signing the other co-parcener ?
is it attract tax liability to huf or co -parncers to its Return ?