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sanjeev kumar   25 March 2012 at 12:52

The marriage amendment bill 2010

D/friends,
I have been living separate from her for 1999 and divorce case filed by me is pending in the HC from 2001.Is this new marriage amendment bill 2010 in my favour?Can I seek divorce easily now and at what cost?

rsraghukumar   25 March 2012 at 07:58

Witness

mine is matrimonial case. now my case is in appeal. in lower court in won in my case. girl came for an appeal.
she is denying her first marriage in the court. though she marriage she is denying the marriage. it is love marriage. a very few people attented that marriage. i filed OP and i called first husband as witness in my case. he filed his all marriage photos along with negatives. the girl did not enter into witness box in lower court. just she filed written arugments by saying that my self i failed to prove the case by not calling the priest or photographer?. sir how it is possible to call priest or photographer. now she took in appeal the same ground. is eyewitness is compulsory to the marriage in hindu law.

rsraghukumar   25 March 2012 at 07:48

Eye witness

sir to prove a marriage in the court, eye wintess to the marriage is compulsory?. either priest or common man or photographer? sir after some lapse of time it is very difficult to secure the presence of priest or common man or photographer. in this case how court will take decision? in my case the girl is opposing the marriage. she is insisting now to call priest or photographer. but actually photos are filed along with negatives. then in this case photographer is necessary.

According to hindu marriage act is the presence of eye witness is compulsory? sir please juggest me any citation relating to my problem. my case is in appeal.

jas   24 March 2012 at 17:46

Legal process to compromise

My husband has file divorce and 498 case is in court against him. We have a son from this wedlock. he has also got married to another woman for which i have produced marriage invitation, photographs, and investigation by detective agency but it was not put on records by police.
I am alone with my struggling from last 8 months. No place to live and no job, with my 14 months son i am trying to get justice.
I M TIRED AND KNOW THAT I WONT GET JUSTICE AS HE HAS MONEY AND POWER.MY dad is cancer patient and dont have any support.
He lives with his second wife in chennai and i m punjab.
he is not giving reply for 24 maintenance which i have given application from last 8 months.
I want settle this kindly tell as he told me that he wont give his name to his son and will give only 5 lakhs. He has asked to go to court ask them that i want compromise and accept divorce. Please tell what should i do?

RAY   24 March 2012 at 12:25

Irretrievable breakdown of marriage

From electronic/print media I came to know that the Union Cabinet on Friday approved various proposals seeking amendments in the Hindu Marriage Act of 1955 and Special Marriage Act of 1954 aimed at providing ‘irretrievable breakdown of marriage’ as a new ground for parting ways.

In view of above I got married on July,2011 under Special Marriage Act of 1954.
But unfortunately on last February,2012 I compelled to filed nullity in ground of "Willful refusal of the wife" against my wife.

Matter is pending at trial court till last of April.

Now My question is:

Is there any benefit/advantage claimed by my wife under this new amendment.

Bhagyashree   24 March 2012 at 11:48

Claiming for maintainence

my husband has filed for divorce on basis of desertion and mental cruelty whereas the fact is that i had come for my delivery and after the delivery my husband and his parents refused to take me back. i went to Bangalore on my own but my husband refused to take me home. i was forced to come back to dads place cause i had a 6mth old baby with me. I was then forced to take up a job leaving my daughter at home near a maid to support her and myself. my salary being5000/- but noe my salary is insufficient as my daughter is allergic to milk and i have to buy her soya milk which is expensive. now she is two i have to put her to play school too. My dad doesnt have a separate income, my mom is no more, I do not have any property or bank balance. My husband has a salary of 45000 p.m. His parents qwn a individual bunglow in bangalore, agricultural lands, petrol bunk, another bunglow in hubli and 4 plots in bangalore.

my question is what is the likely amount that can be awarded or can maintainence be denied?

Knowledge Gainer   24 March 2012 at 10:40

Implications of new marriage law amendments on present case

Yesterday i.e. on 23.03.2012 Cabinet approved The Redrafted Marriage Laws (Amendment) Bill, 2010. Suppose this bill get into converted into the Act, then I would like to know the implications of it on present ongoing pending cases.

I had asked many queries about my divorce case filed by the wife. After new amended act Can she take IRBM as a new ground for divorce in addition to present petition for divorce on the ground of Cruelty. If yes than what about old case as the Court will grant divorce on the basis of IRBM and as per new amended Act I cannot oppose the same.

She will get money either by way of cruelty or IRBM. The difference is that in case of cruelty I can appeal further but in case of IRBM I cannot appeal.

Anupam Dash   24 March 2012 at 09:09

Property

Hello. I am the only son of my parents. My mother is the only daughter of her parents and she has two brothers. My maternal grandfather (my mother's father) expired on 14th March, 2010, survived by his wife, his two sons and my mother. My maternal grandfather had some properties which includes landed properties and a house. Now, my uncles (my mother's brothers) and my maternal grandmother (my mother's mother) have already sold certain landed properties, and my mother has also given her required signatures out of familial affection and to avoid any conflict. She did not get a penny, inspite of the fact that she is a coparcener. Even I did not get anything. I dont want to agitate or demand a share from whatever has already been sold.

I would like to know, how can I restrain my maternal uncles and maternal grandmother from further alienating the properties. In other words, I would simply like to know how can I get my share whenever there is any transaction in future. Can I get a Power of Attorney from my mother that henceforth I would be dealing with the properties whenever the occasion arises to sell them? Or if there are any alternate efficacious remedy, please suggest.

Mrunmai Deshpande   24 March 2012 at 06:42

Transfer of property

I am a senior citizen of 62 years of age staying with my wife, son, daughter in law and a grand son in a flat owned by me(not inherited). I have some FDs in Banks. Is it possible for me and my wife to make a will and donate all my property and money to any charitable organization? We do not want to give anything to my son and his family. Please advise.

K.padma   23 March 2012 at 23:32

Gift property

Respected sir,

my grandpa was experted before 5years.In his name some lands are there.my gandma get that power after my grandpa death.but my grandy wrote some lands to my small father as "gift" property without my dad consult.and that property are registered. recently, my dad know this matter.

Now , how can we proceeds through court.in which section. so pls kindly advice me...