Hari haran
24 February 2012 at 08:02
Experts,
My wife filled a DVA & I have filled RCR , Visitation Rights for my 3 old kid. Now She Decided for Mutual Divorce to withdraw DVA as it is a false case. When I askd My lawyer about visitation rights. He told We can file a affidavit on that time. I am also ready to give financial Support to my kid.
My ques is:
1. Can I insert Visitation Rights in Mutual Divorce Draft?
2. If I didn't mention about the Visitation rights in that. Can I file a case again on visitation rights?
3. Can I have sample draft on mutual divorce petition with visitation rights?
Member (Account Deleted)
23 February 2012 at 21:36
Dear experts ,
next week is my marriage's nullification case's first hearing.Three hearings were adjourned.Shall I take my love letters and call list to court and show the judge to prove that the petition is false petition?The petition is false petition so please help me experts.
Adv.R.P.Chugh
23 February 2012 at 20:52
Dear Ld.Seniors,
If you could please tell me whether I can file a single vakalatnama - for both the parties in a mutual consent petition, as in can i represent both Husband & Wife ? or we need two different lawyers ?
Pooja Chavan
23 February 2012 at 20:49
I have married xyz in year feb2008, the intention was to get clubbed home loan.
we never stayed together, the very next day i stayed at my place and XYZ at his residence.
later marriage i came to know thAT WE DO NOT gel well and cannot continue marriage as he use to doubt me and abuse me a lot.
i told about the marriage at my home to my parents which i did not tell them earlier, they were shocked.
I applied for divorce in june2011 and filed petition against him under the grounds of dessertion and cruelty and mental harrasement
for my pettition he reverted that all is fake and and does not know the reason y i have applied for divorce, we are at stage of case in court pending for 1st hearing which is ob 12 april 2012, and have complted counselling stage.
in court he sticks to only one fact that he wants to stay with me and i deny.
we are staying apart from 4 yEARS.
Please suggest, how much time will we take for divorce?
ganesh
23 February 2012 at 19:40
In mcd terms
1. father shall not avail right of access of minor children now and in future
2.wife is not entiltled to claim any maint. for minor children
What is its implication
a.can mother can not claim maint in future?
b. can father shall never access of his childeren in future?
Experts please reply.
venkat
23 February 2012 at 18:18
Dear Experts,
Wife has gone to her parents home, she is demanding me that i have to left my parents ( serve all ties ) and have to live with her. I have 2-year old daughter, now i am teared btwn my future (wife & daughter ) and my past ( parents ). i cant loose any one. I am in fear of sending any notice or RCR, beacuse it may be cause to her to file 498A,dv,dp3,4 etc.. Please guide me. Also one big doubt : can MIL file DV on DIL for mental cruelty.
Sneha
23 February 2012 at 17:44
Hi ld. experts
Can someone guide me as to how to go about based on below brief ;
I am 49 yrs. old female holding PhD in education. Was married in 2004 (at a late age of 41 yrs.) Just after few months of marriage I went overseas on teaching assignment. Shortly aftyer reachign assigned country I sponsered by job-less husband to join me overseas. he remained job less there while staying with me. My overseas assigment was for 4 years (2008) and I came back alone back to my natal home as the contract was over. My husband was interested to do some job overseas is what he said at the time I was coming back and in assitance of one of his friend he got employment visa in a neighbouring country where I was assigned in a contract job and moved from my erstwhile assigment place to his friends country and is doing job there till date.
Since 2008 after coming back to India we have lost contact of each other as I donot know his friend other than name reference nor I have his friends address and or my husband overseas address till date. My husband is native of AP State. His parents along with his married sister are living in a rented place in one of the city in AP. My natal home is Mumbai. I and my parents contacted my FIL / MIL and SIL for finding solution as to what status is my marriage all about but they said they cannot help nor they are providing any contact details of my husband to talk or sort these out. My parents are old (87 yrs. old) and surviving on their pension and though the flat is ours own but I donot want to trouble them now in running around. I donot have any siblings.
Education line is one line where job security is not there. Plus now I am nearing 49 years. My marriage is almost broken down since we are not in touch nor I know where my husband is living nor my In Laws are telling me anything.
What I want is divorce so that probably I can re-marry (I know tough at this fag end) but may be a companion for forthcoming old age is what I am thinking.
Also note one of my uncle in Delhi had faught / won his legal seperation from his wife all the way upto SC as party in person and knows family law but (male - husband point of view).
1. AP + Mumbai + Delhi have Family Courts as per FC Act.
2. Me and my husband have stayed in all three places but currently I am staying in Mumbai. I have contract job offer in Delhi too at the moment.
3. I am looking for divorce and not maint. nor alimony as I know first finding him is going to be a challenge and then processing the case will take my end of life so I want to forgo maint. / alimony etc. .
My specific question now are;
1. Does Family Court allow my Uncle to represent me as due to un-certain jobs I almost cannot afford Advocate as well as I cannot run around various Courts and donot know much about process of Courts but I will come for Evidence which is what I can afford to?
2. Can Delhi's Family Court become Jurisdiction to file Divorce under desertion grounds as we (my husband and me) both stayed for some time in Delhi as well as currently I can work in Delhi and my uncles home is also in Delhi?
3. I can service notice to my in laws address as that is the address I know my husband lives at when he secretly comes back to India as well as same address is in his passport.
4. Should I file DV Act and or S. 498a IPC or just plain Divorce (desertion grounds)?
How to go about.
Advise????????
Harsha Harsha
23 February 2012 at 13:45
I approached collector office for DV act. PO is not present there. They asked me to come next week. Other people there said me that for filing DV act in chennai, collector i need to come with lawyer. Is tT?
I went with my parents only.
and theytold that thy will give one form DV act i need to fill it with the help of my lawyer to do this. is it?
My lawyer is not cuming if i ask him. :(
Moreover the people over said that since he has already paplid divorce in court, PO will not create FIR/case. Is it?
But he is not appearing in any hearning also. His lawyer told for protecting himself from police only they created case for divorce. So he wont appear lik that.
Raj Aryan Malhotra
23 February 2012 at 12:20
Dear Sirs,
I would just to get clarified to my frnd on below points,
.It is possible to get anticip.. Bail for me and my family under IPC 498A
.Can we waive the period of 6 month for granting decree of divorce under mutual consent for marriage happened under Special Marriage act..like how they have Section 13B(2) of the Hindu Marriage Act..?? Do we have something like for Special Marriage Act.. WHen either party marriage is fixed with other or other party not able to come for long tiem due to foriegn assignment...
Pls SUggest..
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Judge not giving judgement after final hearing
In my case my wife demanded a divorce by charging false allegation on me on aug 2010 ,by now on 3 jan 2012 the final argument was done between lawyers ,as per prsent situation the girl was not able to proof any allegation me ,but the judge is not giving the final judgement from the last date ,he always used to give dates .Judge is asking both of us to file a mutual petition but the girl is not ready for this at any cost.
Please suggest what to do i am fed up of all this.What can we do so that the judge will give the judgement.