swetha susan
01 July 2012 at 07:30
is it possible for my husband to get divorce without my knowledge? i heard it is possible to get divorce with exparte orders without my knowledge... now my question is how to avoid such situation? what are necessary steps to be taken to avoid exparte divorce? please advice
Law Querier
30 June 2012 at 23:52
According to judgement of Supreme Court of India in the case of
Y. Narasimha Rao And Ors vs Y. Venkata Lakshmi And Anr on 9 July, 1991
Equivalent citations: 1991 SCR (2) 821, 1991 SCC (3) 451
Bench: Sawant, P.B., Foreign Divorce Judgment is not valid in India.
But, according to judgement of Supreme Court of India in the case of Pashaura Singh vs State Of Punjab & Anr on 13 November, 2009 Bench: Tarun Chatterjee, R.M. Lodha, remarrying after foreign divorce is not bigamy.
But, according to Section 494 of IPC, Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
I want to know from my expert that isn’t it error in the judgment given by Bench: Tarun Chatterjee, R.M. Lodha?
Mukul Anand
30 June 2012 at 23:46
we got married in arua samaj mandir. they took affidavit from both of us. i want to know the value of affidavit before court coz her parents took her away.
suman
30 June 2012 at 19:48
Dear Sir, I filed dowry and maintenance case against my in laws. they disowned my husband from property.They are ready to give divorce on around 20 lac rupees.They want son back but I want to send him to hostel as husband is drug addict and lecturer also but they never raise topic of securing my son's property share share.What I want is my sons property share documents in his favour which should be irrevocable as my bro in laws are greedy plus my son in hostel for some years till he become independent.And his custody with me , later they can take my son.My main motto is divorce and son's safety +his secured property. Kindly advise me how can i get this.If any solution there.If any pressure I can put on them for this and stop my life from spoiling due to drug addict.
Anonymous
30 June 2012 at 15:07
The RCR filed by my wife was dismissed yesterday as she doesn't want to join me even after 1.3 years of separation. I am even now ready to take her back but if she is not ready to come then she should relieve me.
Will there be a monetary or any other sort of risk for me to file a divorce petition now immediately?
What should be strategically mentioned in the Prayer of the above said Divorce petition to play the game safely without any costs?
Ashutosh
30 June 2012 at 14:02
Hi, My younger brother got married last year october the girl was from Noida my parents are living with my brother
Two months(15th april 2012)back suddenly his wife left the home along with her all the belongings. My brother sevreal time tried to call her to come back home but she not turned up
after one month(15 may 2012) by brother raised the peition under section 9 that he want to get back his wife. which is under pending in gurgaon court.
But suddenly on 13june my brother family recieved a notice from Gaziabad court in under 498A section
there was a false FIR loadged under section 498A & that FIR named of my entire family my elder brother & his wife(who are living in rohatak)my self & my wife(we are also living sapratly since last 8 years)
In terms of legals points of view can we people who are not living with my younger brother & parents may face some legal action
or suggest us what we suppose to do
Regards
Naziya
30 June 2012 at 13:59
hello sir , i am muslim by rekigion and want divorce from my husband and he is also ready for it but i am in hurry because he may turn from his words hence what will be better for me Talaq by quazi or mutual consent divorce by court
another quetion is after having talaq can i move to court for mutual consent divorce
kavkaz
30 June 2012 at 10:51
My marriage is 1.6 years old.
Now,
After the dismissal of RCR filed by my wife, will there be a monetary or any other sort of risk for me to file a divorce petition?
What should be strategically mentioned in the Prayer of the above said Divorce petition?
Will it be a safer play for me, if I file the above said Divorce petition with Prayer as "I am even now ready to take her back but if she is not ready to come then she should relieve me."?
mubarak
29 June 2012 at 21:55
High court given the direction. O.P.TO Dispose 4 month its lapsed. still i am not got visitation also O.P Field more then 700 days BEFORE.
Which one is best
1.can I withdraw the above O.P. and fill HIGH COURT.(I don’t have Judi section problem)
2.can I go for contempt of court.
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Transmission of flat from deceased to legal heir
My friend’s father has died recently; in his will he has nominated his only one son as his legal heir for his flat located at Kurla. However he has put the condition that my friend cannot sell, transfer or rent out the said property before marriage. Besides that if anything happens to my friend this property will get automatically transfer to my friends three aunts who are unmarried and was living with his father in that flat. My friend’s aunts also own one more flat in Vashi which was received by them from their parents and they are living their permanently, however after the death of his father they take the possession of the Kurla flat illegally. Further my friend also has a court decree which was passed at the time of separation of his parents wherein the Hon'ble court has directed that after the death of his father the said flat will get transfer to my friend's name. My friend has approached the society of that residential flat for getting share certificate on his name. They advised to submit the death certificate, identity proof and residential proof for such transfer. as per their direction he has submitted the requisite documents however the society delaying the matter for a unreasonable reason that the members is not available for conducting AGM and it will take 2 or more month to conduct such AGM for passing a resolution of transmission of flat. So under such conditions, will my friend get absolute ownership of that flat only by getting share certificate from the society? Or else he also need to obtained probate from court. Furthermore as my friend’s aunts are in possession of that flat what steps he has to take to vacate the flat who acquired it illegally.