ram
28 February 2012 at 06:36
Dear Sir,
I had filed a RCR case against my wife in June, the ex-partee decree was passed in my favour in Oct-2011. I received the Judgement copy only in Feb-2012 which was served to her. Now she has wants to reopen the RCR case. Is it possible? what is what is the re-appeal period time limit.
If there is a provision for her to reappeal what is the procedure that she has to follow so that I can be ready for anything.
One more question if the Decree is passed in Oct 2011, is she supposed to be in her matrimonial house by Oct-2012 failing which I can apply for divorce or is it from the date of serving the judgement copy to her.
Thank you.
Ranganath
27 February 2012 at 23:08
Ld Counsels,
The court had set husband ex parte in the OP filed by wife but no ex party orders are passed. Husband filed IA to strike out pleadings which is also dismissed in default due to non-appearance.
Will Order 9 Rule 13 be applicable when the final hearing is over after setting husband ex parte, taking documentry evidence and the OP was adjourned for "perusal and orders". SC had held that if the proceedings are adjourned for orders the cause of action for order 9 rule 13 wont arise which will only arise after pronouncement of ex party judgment. Is this relevant in this cse.
Further there was a IA filed by husband pending in the same OP, which is also dismissed in default. In this case could the IA be restored and considered for final orders in OP even though husband is set ex parte in the main OP. Husband had also obtained a direction from HC to consider all points rised in the IA by husband during final disposal susequent to this direction the IA was dismissed in default.
Kindly clarify.
Member (Account Deleted)
27 February 2012 at 14:33
Dear experts
A false case (Forced marriage under special marriage act) is going on for nullification.
IS there counseling in the case?
How many counselings will be there?
Do i have to ask for counseling?
There is miss understanding between the parties with the help of parents.So please kindly advise how the counseling process works here because i know nothing about the procedures of the counseling.
M Chaturvedi
27 February 2012 at 10:28
Dear ALL:
How do I File RTI Application to get the other person's (Spouse) Income?
I already have submitted certain documents to the Court related to the Income of the Person, which clearly shows that the Person is earning well. Court requires certified proof of income.
What should I write in my RTI Application?
I've heard that my RTI Application should have Public Interest in it. How do I show that my RTI has Public Interest.
Can I write in it that the Person is telling lies to the Court about being unemployed, but actually is employed. Could this lead to Public Interest?
Your Advice & Suggestions Required.
Thanks.
perumal
26 February 2012 at 20:33
Sir,
I am working as a Software Engineer and drawing a considerable salary to run my family. My wife is working as a middle school teacher and drawing some amount of salary for the past two and a half year. I am regularly incurring some essential expenditure every month for my wife’s job. She gave birth to a male child and he is now two months old.
From my side as well as her side nobody is available to look after my child. It is very difficult to look after my child. My economical position will not allow me engaging a Servant Maid. She worked, earned and handed over the entire salary to their parents, who have got strong income basis for them. Either their parents or my wife saved even a single rupee of my wife’s salary. Thus, her earnings will not serve any purpose to my family. Therefore, I have instructed to resign her job since our entire future relies only upon our child. She refused.
What are the solutions? Kindly reply me, sirs.
Yours truly,
p.petchimuthu
amreen manjiyani
26 February 2012 at 19:35
hello..i have a query that can a girl request the court to order the boy to marry her.if they had been in a live-in relationship...does India have any law to support it or any judgement ?
kavkaz
26 February 2012 at 16:04
Is a wife demanding separate accommodation be considered a sufficient reason to stay away from the husband and thereby draw maintenance from her husband.
Kanchan Madan
26 February 2012 at 15:05
We have filed papers against; maintaince and next hearing in 2nd April 2012. Since the case was initiated for JS was initiated by us, wherein wife wanted mediation and failed, now she has put allegation against me, my mother and my father without any proofs saying that I had been beating her, my mother has been taunting us, fathr has asked for a house and a car. They have also given details of expenses incurred in the wedding (3 times higher) To compare we have proofs of banquets giving the rates as of today whereas they had done it three years back.
What would I need to quash these allegation in the court.
They have put only maintenance case as of now.
Before we were to meet for couple of days in the court, a court order was issued that both of have to be prsent in court.
In that it is also mentioned that 'parties have no other matter pending between them".
Can they file any other case against us.
Her income Bank statement earing net salary of Rs 45K has been submitted in the court giving details how lavishly she is living. She has agreed in the court that she is living separately. She is the only child of her parents who are stayin in Delhi.
Kindly guide me to prepare ourselves for the next hearing
T SANKAR RAO
26 February 2012 at 13:43
Sir,
If any spouse does not like the other and wants divorce without seeking maintenance from the other or no capacity to provide maintenance to the other, what objection has the court to grant a divorce. How can the court force a spouse to live with the other? Comment please.
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Admission of non-conssumation
Ld Counsels,
In counter to the impotency allegations husband had complained that it is the wife who is responsible for non Conssummation of marriage. Wil this undisputed position of non-conssumation of marriage irrespecive of who is the reason for it rise a presumption of impotency against the husband if he is set ex parte.
There is no medical evidence except the statement and counterstatement.
Thanks.