Law Querier
13 March 2012 at 21:29
Recording of telephone communication and message are valid evidence to prove mental cruelty in divorce case (Section 13 i ia)?
Bharat Changela
13 March 2012 at 21:20
My niece has adopted the son of my nephew (Her real brother's son) at Rajkot,Gujarat by mutual understanding. They have already registered the adoption with Registrar.
Now the Municipal Corporation Authority is asking for Court order for change of parent hood in Birth Certificate. We have filed the petition with court of family matters, but family court says this matter is out of jurisdiction of the family court.
Can anyone advise me,
1. Is the court order necessary, when we have registered the adoption by mutual understanding?
2. If yes, which court can issue such orders?
Pls advise us on urgent base.
Regards,
BHARAT CHANGELA
bhuvi garg
13 March 2012 at 20:58
15. Divorced persons when may marry again. When a marriage has
been dissolved by a decree of divorce an either there is no right of
appeal against the decree or, if there is such right of appeal, the
time for appealing has expired without an appeal having been
presented, or an appeal has been presented but has been dismissed it
shall be lawful for either party to the marriage to marry again.
kindly explain me what is that situation when there is no right of appeal?
Member (Account Deleted)
13 March 2012 at 15:45
In case of divorced parents ,if child is to be adopted by a third person, does the parent who has permanent custody needs sign of other parent too who has left access to child willingly in MOU?
Dilip
13 March 2012 at 14:31
Hi,
We got divorced in August 2011. We had a son, my ex-wife took custody of the child and i got the visiting rights. I settled with one time huge permanent settlement money. Our son is around 11 months old now. Now she is asking me for my presence in passport office for our son's passport issuance. Son could not get any name in decree of divroce and other supporting documents because we had conflicts. I wanted our son to put my surname and she wanted to put her surname. So we could not come to any consensus for the name at the time of divorce. I have two queries:
1) How will i protect my visiting rights once i give consent for passport issuance for my son? She may take our child abroad and i would be in difficulty to exercise my visiting rights
2) she wants to put child name with her surname and i would not give consent to that. I would like our son to have my surname and she is not ok with it. How will we resolve this issue?
Please help me
Vipin Kumra
13 March 2012 at 11:38
What is the status of a married daughter in the HUF of her father and her husband.
Is she still a member of the HUF of her father as per the amaendments in the Act in 2005.
Thank You.
Amjad
13 March 2012 at 09:30
Please help me on this topic...
A Muslim girl aged 19 yrs married a Hindu boy acc. to Hindu rites in Arya Samaj Mandir against wishes of her parents on 30 Sept 2005. Then on 10 Oct 2005 they met with her brothers who requested them to go to her parents house. The boy was forced to sign a paper that he has no relation with her and no marriage exists between them and also threatened him to leave the city. The girl was detained in her parents house and was not allowed to go with him.
So on what grounds a case can be filed for illegal detention of girl and also regarding declaration of their marriage as valid? Argue for or against.
Amit Sharma
13 March 2012 at 00:26
Hi
My wife deserted me and i want to give her divorce now.
She is earning Rs. 13000 per month and I am earning Rs. 50000 per month. I live in Rental house and doesn't have any property in my name.
My father is no more and we have property in my mother's name. We are four brother sisters.
Kindly let me know that whether my wife is entitled to any Alimony or not.
Thanks
Hari haran
12 March 2012 at 21:06
Dear Sir,
My wife had filed Dva on me & my in-laws, I had filled RCR & V.R for my 3 yr old male child. Meanwhile When the time of arguments they asked for mutual divorce then our lawyer also pressured us for that. But before accepting I asked for visitation right, for that their reply is not proper. For nearly 10 months they didn't show my son to me. Suddenly their lawyer told the judge to "notpress" the DVA as they are going for MCD. But from the beginning itself I am not interested in Divorce. Now what I told my lawyer is Just tell them to give an exparte order to my V.R, which I filled thru RCR. In MCD she didn't ask any maintenance or settlement. But to see my son I have no choice. We also have strong evidence in DVA that "this case is filled just to take revenge on us" it was recorded when her father speaks.
1. What is best way to get visitation rights? Before MCD or after.
2. My lawyer tells me that first file MCD the after it gets number you file a I.A petition with that to get V.R..
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Divorce
I met my husband in my office. We fell in love and got married on 15th May 2011. When we were in love, he was working in my office, post that he was working in a different organization. He quite that organization in Oct 2011, post our engagement(5th Sep 2010). He did not get job anywhere from there. He was not working when we got married as well. In spite of the fact that he is not working I got married as he promised me that he would get into a job very soon. Its 9 months now that he is still out of job. As I am the only soul working my salary is not enough to fulfill the requirement to run a family and his needs as well. before marriage I did inform him that I would be sharing 5000/- out of my salary as I was the one who took care of the family before marriage and would do so till my bother will be able to take care(at least for 6months or so).
Post marriage not even 3 months, he asked me to stop sharing my salary with my parents as it is not sufficient for our requirements itself. he also insisted me to transfer all my salary to his account and to take it from him for the expenses. I refused to do so.
As days past by, he asked me to take credit from my friends, with a promise of joining any job that comes his ways from there. This is the story every month. In this manner, I have taken 50,000/- credit from my co-worker. He had pond my necklace and bangles as well within 5 months of our marriage.
He would not allow me to get grossry to home, stating that if we spend the money in getting the grossry for home, than what will owe do for our expenses for the month. He would also complain to his parents that I do not prepare any thing at home.
In October my brother offered him a business proposal and that they both can work on that together. In the month of September my husband pond my eye ring and December my ring too. Now both my husband and my bother are not in good terms as there was some misunderstanding between them.
Every day he is haunting me with words as your bother is a like this and mother is like that. I work in odd shift as 3 in the afternoon to 12:30 in the mid-night. My husband's sleep is very limited to 3-4 hrs a day, but I would need at least 7-8 hrs of sleep, post that I would not sleep till 2 in the night. However I would not be able to sleep as soon as I come from work, as I have to listen to his abuse's towards my family. If not abuse, I'll have to satisfy him with s*xually.
he is at home all day and would have some drinks and sleep at 11:30 PM or by 12 AM and wake up by 4 AM. he would have had at least 4 hrs of sleep which is sufficient for him. Once he's awake, he would start pulling up my dress to have s*x. By 4 AM I would have had only 2 hrs of sleep, in spite of that he would expect me to satisfy him.
Even if I do that thinking, he's been waiting for me all day, so its ok for a day, he would expect the same every day and is not possible by me. he would not be satisfied with one in the morning. Once he is done at 4 AM, it would take another 30-45 mins for me to go back to sleep. He would again come back by 6 or 7 AM for another round of s*x. By this time i would have had just 1.3 or 2 hrs of sleep. This would happen at least 3-4 times till i wake up.
i did adjust for few days, when i could not bare it any more I refused to have s*x with him when I am sleeping. We would have a fight for that as well. His question is, "When I feel like having s*x where should I go. My question is can your hunger for s*x be held till I wake up?".
Now back to his unemployment. When we are in the state that we are not able to take care of our selves, he expects me to bare a child as well. I refuse stating that you first join a job post 6 months from there we can plan for one. He has a problem with that as. He states that people have started to as, if there is any good news and you still want to wait.
I am tired of his s*xual and mental torture, I want to get out of him but he does not want to leave me. he threatens me. He states if I leave him, he will destroy my entire family. I have few recordings as well, wherein he is calling his friend's in front of me and gives supary to them to kill my brother. He straight on my face says that he would hurt my entire family and he would not care for anyone. He will also see who will stop me.
He tortures me so much that I do not feel like going home from my office nor do I wish for any holidays/offs.
I am in the state where in I cannot stay with him nor can I get away from him.
Pls throw some light in this issue and how to handle this situation.
i just got to know that the people whom my husband had hired to kill my bother were loking for him. They had reached his ex-wife's place as well.
please advise how do we handle this istuation.
what is the next step that I have to take.