Ranganath
02 March 2012 at 23:23
Ld counsels,
I filed application for restoring my divorce suit. I didnt annex any supporint document but counter has been filed. in the mean time I have obtained pendency certificate from HC and the family court is refusing to entertain the pendency certificate. I wish to file additional affidavit also. Kindly calrify what provision of law will provide for filing document which came into existence after the filing of application for restoration.
thanks.
john
02 March 2012 at 23:12
i was married to a foreigner who was a muslim ,we are not living together for past 2 years and we both wanted a divorce ,my lawyer told me that i can divorce via kazi and kazi issued me a divorce certificate ,i would like to know is it valid for court use or it does not hold any validity ,now i have a girlfriend who was working with me and she is a foreigner too i want to marry her she is a muslim too can i marry her and register my marriage by using my talaqnama.please let me know.as my first wife has signed the separation agreement and she does not want anything from me ,and she supports me in this .my lawyer said talaqnaama is a vald document in india as courts accepts it .
dhananjay Kumar
02 March 2012 at 22:15
My name is Nisha, from Bihar, married to same caste boy from Bihar settled in Pine, Maharashtra.
- Husband working in Ordinance factory Chandrapur, Maharashtra.
- Got married in June 2006 at Pune, parents had given around rs. 15.00 lakh as cash and jewelleriy, in inlaws family, Father in law, Mother in law, married sister in law are there.
- Till one yr. of marriage I was with my in laws without husband.
- They subjected me to mental torture,kept me confined, not allowed to talk to my parents, brothers and other relatives.whenever I got chance kept my parents informed. they told everything will be fine after passage of time.
- After one yr. went to husband's place, he also started torturing me physically, mentally.
- In between I became pregnant and went to parents house, after 6 months of my delivery I went to husband's place but this time he started to torture more, even he forced me out of the house.
- When it was unbearable I called my father and went with him to my parents house.
- In between tried to solve the issue with common friends and relatives but to no use.
- Now they (my husband and in laws)have filed case u/s 9 and several others and made false allegations like I have been extracting money and sending to my parents, took all jewelleries and gave to parents, I have extra marital affairs, etc like that several allegations they have made.
- Currently I along with my parents at my husbands town i.e. Chndrapur, Maharashtra(in hotel) where cases have been filed.
- Advise me future course of action.
Naresh
02 March 2012 at 20:32
Dear Experts,
I (husband) filed a divorce petition for which wife alleged I'm impotent and later she filed an IA petition to get the medical test done to find out impotency of husband by medical board. So, I was sent to medical board and the result came in my favour.
In this regard, I have the following question.
When the result came, it is only marked as court document, but I want it to be marked in either petitioner or respondent document. But, when we asked judge to mark as wife's document, since this report has come as she asked for it, judge refused to do that since it has not come in their favor.
(1) Now what options I have, how to proceed further?
(2) Will there be any issues, if it remain as court document, without marking under either petitioner/respondent document?
(3)If it remains as court document, can we use it as evidence to support our cause?
(4) Please explain all the implications surrounding this
Regards
pushpakrishna
02 March 2012 at 20:31
Dear experts
Wife filed a petition for maintainence and the court awarded rs.2000/-per month.petition filed for maintainence but husband not complied and hence court sent him jail for one month ,later he released.but what to do now,as the wife is not in a position to show his income with a documentary evidence.but is having income getting about rs.5ooo/-per month doing a private job. kindly advice with a suitable suggestion.
user
02 March 2012 at 20:24
My friend filed in district legal service authority and opposite party dint turn up. Again my friend filed RCR and after receiving RCR, opposite party is asking with the help of mediators to withdraw RCR.
It seems Opposite party is ready to come to attend marital life.
and my friend does not want divorce at any cost. But he wants to protect from 498 if something happens tomorrow.
could you please suggest what are the affects if he withdraws rcr ?
Thanks
Naresh
02 March 2012 at 20:09
Dear experts,
(1) I (husband) filed divorce on cruelty and desertion grounds on my wife u/s 13(1)(ia)(ib).
(2) Wife in the counter made a counter claim for divorce on cruelty 13(1)(ia) due to impotency of husband (petitioner).
(3) Wife filed an interim petition to send me to the medical board to check me for impotency and the court ordered me to take up the test.
(4) In the tests done by medical board, the result came in my favour (i.e they said no evidence to suggest impotency)
(5) In this scenario, I request the member's expert guidance to help me find out the judgements, citations to be quoted in my arguments in the above mentioned scenario under cruelty and desertion
Regards
yogesh mahla
02 March 2012 at 17:50
I want to Know after marriage who should be nominee( Wife/ parents) for the financial assets of the individual? I understand that this depends on family to family and nothing concrete can be said about this but are there any legal bindings to this issue?
sonika
02 March 2012 at 16:49
Dear Sir / Madam..
Hi, i 30 yrs old woman from delhi, working in a reputed company.
i have lots of query regarding matrimonial issues..pls find my brief details..
1.got married last year in march
2. we only 3 people living in the house , me, husband & mother in law.
3. one brother in low living separately with his wife not with us.
4.after 2-3 months issues starts between me and my husband or money matter, ego issues, rude behavior towards my family..etc..all are illogical issues.
5.suddenly i lost my Mother in aug 11..at that time also my husband has not give me any kind of emotional support..
6. from aug onwards i m not living with my husband..i had gone there for 12 days in oct month for settle all the issues..but those 12 days are honorably days of my life..
7. he started abusing me for money, for physical needs, for household work,illogical blames, wrong allegations ...between this period he has purchased a gun so that he can take full control on me...my life was miserable over there..
8.after that he started problems for my job also..and forcing me for the divorce..situation was not under control..at last i hav left the house on 12th october 11.
.9 till the day he has not taken any step to settle down the issues..
Pl suggest me what can i do ..i have written very brief story..i was harassed by him at all levels (emotionally, mentally, physically)..at that time my sleeping hrs was reduced to 2-3 hrs only..i was like a labor over there..who has no respect, no identity..
me and my family is not much financially strong and not much educated for legal matters.
Pls advise the best option i can take against him & save my future life.
Sonika.
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Null and void
sir yester day is sent one query about my marriage. sir generally in love marriages witnesses will not be there na. in that case how court will come to conclusion that marriage has taken place. sir i mean to ask is here in my case the respondent is denying her first marriage. but i called first husband as witness in my case. he came as witness. first husband filed photographs with negatives to show that marriage has taken place. first husbands mother also came as witness stating that the respondent is her daughterinlaw. now the respondent got chance to enter into witness box. but she espaced to enter into witness box. court given three chances but she failed to enter into witness box and finally she filed a memo stating that there is no evidence for her side. but she filed written submissions that first husaband did not proved himself by not calling photographer as witness or any eyewitness to the first marriage. sir after some lapse of time it very difficult to bring those witnesses na sir. even first husband filed injunction suit to stop second marriage, but she refused those orders. in this case how can i prove my case. first husband also filed suit to declare my marriage as null and void. there also she took same plea that she has not married him and photographer and any eyewitness came. but it is love marriage na sir. same family witness i mean first husband's mother gave her evidence that the respondent is her daughter in law.