Niny
02 April 2012 at 22:45
I could successfully got rejected Divorce Appeal of husband, and I am for Wife.
Wife contesting 125 cr p c for maintenance. As no alternate left, husband sent notice, to join matrimonial home within 7 days or he will file petition of divorce once again for desertion.
I sent wife with husband complying with his notice, and they started living together for last one month, but with reservation, as husband already had affairs and promised another girl to marry. Husband is highly qualified having 2L earning p.m.Wife left her job of 30k , to join him.
Is wife safe in his home? A son of 4 years with wife's mother, can she safely take him to house in law??
Can husband throw out Wife, now that he started cohabitation??
Should I withdraw maintenance case?
Please suggest.
S P Goel
02 April 2012 at 15:08
Respected sir, Thanks for earlier help given to me. My wife and two sons 31 yrs Service with Rs 24 lacs package and 26yrs Student of MBA after engineering left house in Oct 2010 and living separately in Delhi, my wife files a case under PWDVA in KKD and notice served to me, March , I did not give reply. I replied in June 2011 and they did not submit rejoinder in Sep 11, only advocate came and then again in Dec 11 , not submitted and only proxy advocate attended and penalty imposed on them by court Rs 600 and now date is in April 2012, I wish to know ,01 if my wife do not submit rejoinder now, whether case may be dismissed.
Other facts-
01 She has not filed any application for maintenance u/s 125 but demanded in main application u/s 12 . Demanded monetary relief ., medical and medical expenses.u/s 20.
My wife and my both sons are enjoying, house is in my name, in first hearing , they had taken interim relief on house not creating interest of third party, we have filed an application in Dec 11 for waival this condition.
Kindly advice me, 01 dismiss is possible of not, ultimately what can be my responsiblity, I am not earning anything, she had mentioned in NCR also in Oct 10.
Any detail, I shall be pleased to submit sir
thanks and best regards
S P Goel
9810101999
G V RAO
02 April 2012 at 10:12
Contested Case and obtained divorce on 28th Jan 2011.
Remarried at register office on 05/05/2011.
She filed some petition at high court on 20/05/2011 and i have received the notice from Highcourt on 30/03/2012 and my parents re directed the notice to my present address and i am expecting the notice to my present address by this week ( Which is at other state ).
My query to expert is,
Can i receive the notice from high court or i can avoid.
Whether highcourt can set aside my IInd Marriage.
Pls advice..
Thanks..gvrao
Dhananjay Korpade
01 April 2012 at 22:39
Dear Respected ,
Following is a querry which i need your advice as follows as per Christrian law:
Father has 3 children A. B. & C now B goes to africa gets married and settles in Australia and both get citizenship of Australia. Father passes away later B passes away leaving a will to his wife that all my property in India will be yours. His wife gets married with in one year with someone else in Australia only. Now does she has the right to her dead husbands property which is in India ???
1). Can she claim the property as she is not an Indian citizen.
2). After her husband died she re married with another person does the Indian hristrian law permits her to own his property.
Kindly advice
Dhananjay Korpade
Law Querier
01 April 2012 at 21:08
My wife has filed divorce petition against me on mental cruelty ground in India.She is in Canada and I am in India.Petition filed by POA to her father.I don't agree to divorce.Her residential address mentioned in Divorce petition and in POA is not current address but it is her previous/old address. I don't know where she is residing now.There is no communication with her and with in-law members now.1)How can I know her current residential address? 2)Is it my legal right to know her current residential address in canada?
Note:A)She has mentioned her address of India in Petition and in POA.But she is living in Canada since seven years.
Mrunmai Deshpande
01 April 2012 at 14:18
I am a young person with 40 years of age having wife and son. We are staying with my parents in a flat owned by my parents( not inherited ). After my marriage I suffered from paralysis of both the legs, as a result I have irregular income i.e. if it is difficult for me to travel to the office I have to leave that job and try to find another. As a result I have changed 5-6 jobs so far. Because of the physical disability my earning potential has also come down considerably. When on job I earn a salary of around Rs8000/-.My wife has also similar earning potential, though currently she is not working. We are already a burden to my parents, though my parents never expressed so and always look after us properly. My both the parents are retired and meet the joint family expenses from their pension and interest on Bank FDs. Because of my physical disability and low earning potential my wife has deserted me and currently staying with her parents. She is also in search of a job there. My wife wants divorce from me. Her parents are financially well off. As on many occasions I am jobless and suffering from paralysis and having very limited earning potential, I don’t know how I can be able to give her alimony and child maintenance after divorce. Please advise.
chandra martolia
01 April 2012 at 07:59
hi
My friend and her wife both not living together for last 1 nd half year nd no communication together. now he want divorce to her, how can he takes divorce to his wife.can a man take divorce to his wife.
lawyer
01 April 2012 at 04:51
has irr brkdwn of marriage taken place in statute book.wht it is pending or passed? any other amnd passed or pending in HMA 1955 ?
thanks
OPS
01 April 2012 at 00:08
Can the voice conversation recorded on mobile phone be used as evidence in cases of 498 and cruelty against men?
If yes, what is the process of submitting it in court? Is transcript and original device required to be submitted? Will it be a primary evidence under evidence Act?
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Muslim husband want to marry again
My muslim client, facing 498 & Domestic violence cases. He do not want to keep this wife any more.
Can he marry another Muslim girl, when case of Residence etc going on? How many months he have to pay maintenance to 1st wife? is it 3 months iddat period or more?? There is no children and marriage lasted for one year only.