naushad
02 August 2012 at 15:03
Does police has power to decide custody of child, where it is written that police does not have power to decide custody of child, and cannot give custody of minor girl child aged 7 year from father to mother
Sudhir Lohar
02 August 2012 at 11:54
My wife had been telling to me that she is having a feeling to attempt for suicide.And suddenly due to some minor family disturbance she "said" attempted for suicide.But in fact we found many pills were found scattered.We admitted her to a nearest hospital and got her treated.According to her before our marriage she once attempted for suicide when she was in college.
When I intimated her parents immediately,who stays 100 km away on NH and have a car but they did not turn up for 15 days to see her.Instead on next day my wife's brother came along with his father-in-law.I was very much tired as I had stayed awake all through night besides her, I told them to go back as they had come very late, to this he assaulted me at the hospital.
For the next 15 days I was wondered and shocked that her parents (my Father in law was DCIT)never turned up.During her stay in hospital a psychiatrist suggested for counseling.
After 15 days they came and just took their daughter and went.As I was unemployed and had two major head surgeries for hydro-cyphallus within a gap of one year.I requested them to allow her to saty along with kids for one year so that I can cope with my career. But after one week without any counseling they sent her back.As they found it risky.
Further she again threatened me that she would suicide few more times.Now I was worried and then I inquired about her suicide attempt in her college days, for this both the parents denied that such event has never occurred.
But till today my wife maintains that she had attempted for suicide during her college days.
Now what is the remedy for this.
Kindly guide me.
santosh kamthe
01 August 2012 at 23:47
Hou to change name in ssc mark sheet
Whether No Objection Certificate is needed for a man who got 3 children, 2 daughters (Married) and a son (Yet to get marry)to get second marriage, 10 years after his first wife's death.(First Wife was a Govt. Employee and this man is also a Govt. Employee and in addition he is now receiving his wife's pension also). Thanks in advance.
shadow
01 August 2012 at 20:21
i am marrying a russian girl in india. after marriage she will be living in india. she has a child of 5 years from her previous relation. we want that child to live with us in india. how can we do that? do i have to adopt that child and where do i have to file the adoption papers ? in india or in russia.
hope i get some advice from you experts
tnx in advance
sensitiveman
01 August 2012 at 15:56
Wife has filed divorce petition and in that she has demanded streedhan which are under my possession are as mentioned below.
1. Ornaments given to her by her parents.
2. Gold and other articles given to me by her parents.
3. Ornaments given to her by my parents.
I am aware that as per Streedhan definition she can claim ornaments from points 1 and 3 above but not point 2. But in the petition she has mentioned point 2 as well. Also, the list is not a valid list as there is no mention of weight, value, date of purchase, etc. just mentioned 2 Gold Chains, 2 bangles,etc.
I am ready to give her ornaments from points 1 and 2 if she goes for Mutual divorce. In the first counselling session, the councesllor has asked me to bring the list of ornaments which i possess in the second session so what should i tell in the second session?
If she doesnt opt for mutual divorce then kindly advise all the learned experts as to how to safeguard my interest.I believe they have only the photos and they dont have any bills. Also, if she files a case under section 406 then what kind of action police will take?
Thanks in advance.
nishu nishu
01 August 2012 at 14:52
my wife filed first appeal in high court on 23 May 2012 against the divorce decree granted to me by trial court on the basis of cruelty committed by wife upon me u/s 13 (1)(1a) of HMA. on her first appeal petition, after listing of main case high court issued notice of motion/appeal to me and i appeared in high court upon notice on first date itself i.e. on 28 June 2012. before date of notice to appear, i filed civil miscellaneous application before high court requesting them for early disposal of first appeal u/s 21 B(3) OF HMA alongwith indian soldiers litigation act for expeditious disposal of appeal. ON THE FIRST DATE OF APPEARANCE IN HIGH COURT, JUDGE TOOK UP MY CM ALONGWITH MAIN CASE OF FIRST APPEAL AND HAS FIXED THE NEXT DATE FOR ARGUMENTS IN FIRST APPEAL DIVORCE MAIN CASE ON 30 AUGUST 2012 AND HAS PASSED AN ORDER FOR SUMMONING OF LOWER COURT RECORD IN MEANTIME.now my question is
i. whether judge will decide the first appeal on the date of arguments on 30 Aug 2012 and dispose off the appeal on that date of arguments.
ii. secondly, whether first appeal filed by wife has been admitted or not till date since judge passed an order on my CM stating that since the main case has been fixed for arguments on 30 Aug 2012, hence CM is disposed off.
iii. thirdly, now since my case is fixed for arguments on first appeal, within how much time can I expect divorce first appeal to wind up.
Amit
01 August 2012 at 10:48
My wife filed Sec.9 RCR against me after an year of my filing the divorce petition. She's yet to file counter for divorce. I've been asked to attend counseling for RCR. When I told the judge that I already attended two counseling sessions for divorce petition and I am not interested in cohabiting, the judge told me to attend the counseling separately for RCR case. Now my questions are:
(1) Does filing of RCR by her mean that she's pardoned all our alleged wrongs (she mentioned some like the usual dowry asking etc all of which are false)? Can she file 498A etc after this?
(2) How can I best utilize this RCR? What's the advantage in this for me?
(3) I am not keen on counseling etc as they've already happened and I know nothing's gonna come out of them. So I am thinking of skipping. What happens then? Will I be given further dates for counseling? What happens if I don't attend any session?
(4) Will RCR and the divorce petition be heard in parallel or divorce petition be put on hold till RCR is finished?
(5) Even if she gets RCR in her favor (I doubt that), she's to wait for one year to take further action right. I'm not willing to cohabit with her. What happens after this one year?
Thanks
Member (Account Deleted)
31 July 2012 at 22:02
How can a husband use "Legal Aid Services Authority" free? What things are needed before taking "Legal Aid Services Authority" help
In HMA.
1.Divorce section 13
2.Maintenance section 25
And in criminal cases :
1. 125 crpc
2.498a
3.DPA
Matrimonial disputes
The brief fact of the case is that,
my client choose his wife through Bharat Matrimonial.com and at the first instance of introduction my client and his family members repeatedly requested the Bride and her family members to disclose her actual date of birth and Horoscope, as my client & his family members strongly believe in horoscope. At that time the Bride and her family members informed wrong date of birth as well as horoscope.And on the basis of said wrong information the horoscope of both the parties was nicely matched as a result of which the social marriage was solemnized.
But subsequently after few days of marriage my client knew that, the said information regarding date of birth and the Horoscope of the Bride was false & fabricated.
After knowing the said facts a marital clash crop-up between them within two months of their marriage. And since last one months both husband and wife are staying at their respective house separately.
It is relevant to mention here that, after disclosure of the real truth the wife started ill-treated with her husband and his other family members and willingly left her matrimonial home.
Under the said facts and circumstances my client also not willing to continuing their marital tie.
Now my question is that,
1. Whether my client take any legal action against his wife and her family members for the said false information of date of birth and Horoscope ?
2. Whether the said facts leads to any grounds for divorce ?
3. Whether my client take the said plea in his defence, if any legal action taken by his wife or her family members?
Kunal Sarkar
Advocate
Bongaigaon, Assam.