NARASIMHA.N.TOPANNAVAR
16 February 2012 at 05:38
COURT CAN APPROACHED FOR TRANFER IN PSU
Knowledge Gainer
15 February 2012 at 22:10
Suppose in a divorce case, wife want divorce and husband not. Wife is proved to be wrong and not provided sufficient documents and proofs in support of her allegations. In fact wife has deserted husband. Husband has not deserted her. He wants that wife should come back and join matrimonial life again. He send sms and letter to her for convince her. Now wife is saying that even though there is no cruelty and my husband is good person and in spite of his letters and sms, she don't want to live with him. Also there are no any kind of sexual relations with him since last two years. Can court grant divorce to wife on this ground? Husband don't want to file RCR.
hanush
15 February 2012 at 19:50
if in a case u/s 13 hma i file application u/s 24 for interm maintenance court alow it but they only give one month maintenance on the place of 11 month maintenance and opposite party file affidavit in cheif and case was fixed for their cross examination next day.Is there is any RULLING OR LAW by which i can deny the cross examination without getting my balance interm maintenance
anant kumar
15 February 2012 at 19:30
can an indian court, while hearing a devorce petition, entertain petition under section 26 of the hindu marriage act, when both the husband and wife are indian national while the child(about 6years) was born at california(USA) and is a United states's citizen and has been granted POI(people of indian origin)certificate, but as of now is residing with his mother in India. The U.S.passport of the child has expired in 2010.
What are the provisions and judgements under which the issue can be dealt with.
Kavita Sarin
15 February 2012 at 18:47
We got married on 3rd November'2011 according to Hindu rituals and on 8th November 2011 we did court marriage under Hindu marriage act. My husband lives in UK on Work Permit and on those basis i got a Work Permit Dependent Visa to stay with my husband in the UK. I lived in the UK from 25th Nov 2011 to 10 Jan 2012. I came back to india on a happy note and my husband booked my return ticket for 29th Feb 2012. However due to some reasons i decided to go back to him on 14th January 2012 and on my returning back he cancelled his sponsorship for my visa and therefore i was refused entry and was sent back to India by the Immigrations and hence my visa got cancelled. Since then my husband is not contacting me and his family who stays in faridabad has locked my marital home which is in the name of my husband, and now his parents have communicated to my mother that he seeks a divorce from me and are pressurizing us to agree on Mutual Consent Divorce, however i am not at all willing to divorce him. Can he seek a divorce in UK while he is still an Indian Citizen and hold an Indian Passport ?
ratan
15 February 2012 at 16:25
Hello Sir
It was arranged Hindu marriage. I have completed 1.6 years to my marriage. Having mother father and 1 younger brother in my family. Working in MNC as Chemical lead at Jamshedpur..
She is very arrogant and Fall mouth in nature. That why, there was not mutual bond established in between us in 7 months. She left me before 9 months with her brother & mother. After completion of 1 year and 6 months to my marriage when I doesn’t respond her and she not to me. No calls. So she files a complaint in “Social Consular located at Calcutta”. And called me at their. Lots of meetings & arguments happened during last three months. All my non sexual no cooperation & fall mouthed allegation, her threat to suicide was refused by her. Her brother runs on me during conversation in front of consular. “Social consular realized that, this is some strange case. Where girl and her parents dominated boys family. So they suggested for MCD.
Me & girl also wish MCD.She even admit in meeting. I hv recorded the same. But her brother/mother is not agreed for any divorce. My Wife is M.Sc Chemical & currently doing job on 1oooo/- pm.
Consular asked her parents if girl is not willing to go why you forced her for same. The case will come to us or court. Better separate out. It not easy… but this Public Social will not forced her or him to compromise if there are no hopes?
Her Brother asked me 12 lakh for alimony otherwise threat me to take her back. I have a huge personal loan and card lone on me. No huge money to gave them
I’m in JamshedPur. Can she file a case at Culcutta court? I have there threating call recording too in my black berry phone.
Right now no police of court cases till this post.
I got fed up from Jamshedpur to Culcutta trips for these social meeting .
What to do in this situation?
Tekchand Gaur
15 February 2012 at 15:34
श्रीमान जी / श्री मति जी,
1. मेरे दोस्त की शादी आर्य मंदिर (दिल्ली) 08/03/2011 में हुई जिसके सभी प्रमाण-पत्र और फोटो है उनके पास है
2. और इसके बाद उसी दिन शिव मंदिर (गाजियाबाद) में उन्होंने फिर शादी की
3. लेकिन शिव मंदिर में की हुई शादी का उनके पास ना कोई फोटो है ना कोई प्रमाण-पत्र
4. उन्होंने पंजीकरण DT. 24/01/2012 गाज़ियाबाद में करवाया है
5 लड़का लड़की दोनों फरीदाबाद के रहने वाले है
6. जब शादी का पंजीकरण उनके पास आया तो उन्हें पता चला की उनके पंजीकरण के शिव मंदिर लिखा हुआ आया है
आर्य समाज का कहीं भी नाम नही है उस पंजीकरण में
7. लड़के लड़की क घर वाले इस शादी के खिलाफ है
8 अब मेरा सवाल ये है की क्या यह पंजीकरण वैध है
9 अगर लड़का लड़की कही भी जाते है तो क्या इन्हें कोई मुशीबत तो नही होगी 10 उन्हें बिना घर वालो को बताये कहीं जाने के लिए क्या करना होगा जिसे पुलिस उनकी सहायता करे
11 अपनी जिन्दगी को सही स चलाने के लिए और हर मुशीबत स बचने के लिए उन्हें क्या करना होगा
12 लड़का लड़की दोनों जॉब करते है लड़के की सलारी 15000/- है और लड़की की 12000/- वो साथ खुश रह सकते है
Q2
1. अगर लड़की अपने घर वालो के दबाब में आकर अगेर शादी से मना केर देती है तो
2. उस लड़के को क्या करना चाहिए
3 .जो गवा थे उनको कोई कुछ कहेगा या नही अगर कहता है तो गवा को क्या करना होगा अपनी सुरक्षा के लिए
4. और लड़के को क्या क्या सजा हो सकती है उनके बीच शारीरिक सम्बन्द भी को चुके है
5. अगर वो लड़की को बिना अपने और लड़की के घर में बताये ले जाना चाहता है तो उसे क्या क्या करना होगा
जिससे लड़के के घरवालो को और गवा को कोई कुछ भी ना कहे
Q 3
जब लड़का लड़की जाते है तो उन्हें किस -किस को अपनी शादी के प्रमाण -पत्र और फोटो देनी होगी
जो शिव मंदिर के नाम से पंजीकरण बन गया है उसे अगर वो देते है तो उनका उन्हें फायेदा होगा या नही
उनके जाने की अगर लड़की वाले और लड़के वाले रिपोर्ट करवाने जाते है तो पुलिस उनकी रिपोर्ट ना लिखे तो इसके लिए उन्हें क्या करना होगा
जिसे पुलिस घर वालो को बता दे लड़के लड़की शादी कर चुके है
Q4
कुल मिला कर लड़के को क्या क्या करना होगा जिसे लड़के के घरवालो और गावो को कोई कुछ ना कह सके उनके जाने के बाद
Naveen Singh Negi
15 February 2012 at 14:43
Is is legal to marry with second cousin, if yes then how?
Please reply
aneesh
15 February 2012 at 10:02
My wife has suited for annulment of marriage under section 25 of special marriage act 1954.
1)I told her that i was master degree holder in computer science so only she married me but i did not say to her it was a love marriage..(Fraud )
my advocate told me that it may be correct under Indian contract act 9 of 1872 and evidences are not required for her to prove under this act.
Is it correct? If say in court that i did not say to her what would be next step?
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Divorce & dva
got married in the year 1997 , it was a love come arrange marriage and just after 3 yrs I came to know that my wife was into illegal affairs and when confronted she admitted. In fact it was due to my elder son that I came to know about her deeds. My entire world was lost but she asked for another chance and more over she was in a family way , thus to save my family I gave her another chance. But her things continued and to divert our minds she used to create scenes at home.( ie. arguing with elders etc. ).Finally I took her to solan where we had a family flat. There also she indulged into illicit affairs and called her paramour from Delhi who is very rich. He bought a flat in joints name with my wife in solan and they were having a merry time in that flat till I came to know from the general public of solan.I filed a police complaint also but of no avail. This time we agreed for a mutual divorce but after signing the documents she backed out and wanted a last chance to prove herself. I was not ready to take her back but seeing my little kids and advice from the elders I again agreed to stay with her but I clearly told her that I will not have any physical relation with her. At that time I didn’t had much evidence against her. Thus we started staying together again and in the mean time I started collecting evidence to prove her adultery. I had her recorded and written confession . Also the registry's of the flat in solan and another flat at Rohini which is in her individual before marriage name .Her bank accounts details which is showing cash transactions in thousands during that period. I gave her all the time to mend her ways and I lost my Father due to her Immoral character .I took my family to Ghaziabad and finally to Ludhiana , but every where I went her paramour used to come over there and she used to meet him secretly without my knowledge. last time was in Ludhiana in a hotel which I came to found and have already filed a divorce case under sec 13(1)(i) and 13(1)(ia)of hma 1955 at tis hazari court.I have made that person also a party. They have refused all allegations and instead had said that due to my greed for money I was torturing her and was forcing her into flesh trade for which they have submitted no evidence .I have already submitted her hand written confession and will be submitting the CD recording of her confession and involvement with this man. I had filed a divorce case on 9-05-09 and to counter that she had filed a DVA case against us in the month of Dec 09.initially she got the custody of the children’s ( as they were taken out of the hostel ) after creating drama in the court but after 10 days she surrendered the custody giving some excuse .The magistrate then gave the custody of the children’s to me and I bought them to Ludhiana with me in the year January 2010 and are going to school over here. The Magistrate got her to write that she is willingly surrendering the custody. After going thru the case for all these years and the case just got lingered on and the court did not even bothered to see the evidence as the arguments had not yet started. The magistrate suggested Mediation in the month of January 2011 to which we agreed. In the mediation at tis hazari it was mutually decided that I will withdraw my case and she will withdraw her case of maintenance under sec 125 and DVA and two properties which were in joint names will be transferred in her sole name and the visitation scheduled of the children’s were also agreed upon. The agreement was registered and I withdrew my case and her sec 125 case was also cancelled by the Magistrate at tiz hazari. I did as per the agreement and transferred both the properties in her name but now she is refusing to file for mutual divorce and even she is not withdrawing her DVA case. When I approached the lower court the magistrate told me to approach the high court as she could not do anything in that regard . Even the saket court was where she has filed the DVA case also was not ready to listen to my plea , when it was told about the mediation agreement , but instead said that if the party is not withdrawing the case then the case will go on. Now I have filed a contempt of court case in the high court for which the hearing is in the month of May and the DVA case hearing is in April 2012. Please help me and guide me in this regard NOW WHAT SHOULD I DO.