unni
13 February 2012 at 23:36
Hi
I think lot of the marriage laws are very old and now it has to be changed.Many laws are helping women and lot of guys are suffering by fault cases against them.
thank you
Jaamesh Bond
13 February 2012 at 23:09
I filed a divorce petition on cruelty grounds after my wife left my home along with my 2 year daughter. In response my wife filed a maintenance petition on grounds of desertion,a restitution of conjugal rights petition as well as a transfer petition in the Supreme Court for transfer of case to her state. The maintenance petition filed by her also contained allegations of cruelty,dowry harrassment, confinement, starvatation, physical abuse against me and all my family members. Later my wife joined me and withdrew the Maintenance Petition on her own, without me having to appear before the Court. The Transfer Petition was also dismissed by the Supreme Court on her request. Now my problem is that I am not able to forget all the false allegations levelled by my wife against me and my family, which according to her was done by her on her parent's instance to force me into withdrawing my divorce petition. I had filed the divorce as she had challenged me to file for divorce while leaving my home and I would have withdrawn the divorce had she appeared in court and asked me to do so. But as she choose a coercive method, I am not interested in my wife at all any more. Still, I want to withdraw the Divorce Petition in the interest of my daughter as I cant bear her separation from me as the custody of my child would naturally go to my wife. On our last hearing of our divorce matter and on my request, the Judge asked me to file terms & conditions in case I wish to withdraw my divorce petition. Please guide me as to how and what terms & conditions I should set forth to avoid future harassment from my wife and in case my wife refuses to agree, what should I do. In case, she agrees, are we supposed to file a joint statement in the court? Urgent Please.
Ajay Kumar
13 February 2012 at 22:17
Dear Exports,
'A' a hindu male
his family members :
1 wife
2 son
3 two sisters(married) and
4 parents (mother and father) alive.
the elder sister gave some property (2 acres of land)to him by gift deed.
recently 'A' died. A's wife going to remarry and also looking forward to sell entire property.
Q1. Is there any chance to his parents to get share on A's property?
Q2. what about the share of A's son? and
Q3. explain division of shares among his(A's) family members.
Sir / madam
please guide me how to proceed here the father and mother of A are helpless and very poor.
ftmc_atfgrt
13 February 2012 at 21:27
Would the father be allowed visitation rights in this case.
1. Father has been accused of domestic violence.
2. High Court has protection orders for father to not come near the kids, wife because he tried to kidnap kids from school.
3. There is arrest warrant issued for father as he is not paying maintenance.
4. If the visitation rights are issued, would it be under the supervision of the mother at mother's residence?
Hari haran
13 February 2012 at 19:11
Sir,
I have filled Visiting rights in family court for 3 yr old male child. She is trying to go out of the country.
1. Can she go with the child?
2. how to stop it?
Member (Account Deleted)
13 February 2012 at 16:29
I noticed that Indian law does not throw much light about the above mentioned topic and granted that its not something that is heard about much in India due to cultural and religious standing of our country but as time progresses it may not be something that never happened before eg. Nina Gupta. so it can't be ruled out completely. Like united states has separate provisions about the same I was wondering if Indian laws have something up its sleeve too which i may not be aware of. Just wanted opinions and information about it from more learned legal professionals than I am.
Thank You.
Knowledge Gainer
13 February 2012 at 14:56
There are two apex trust of a particular community who are doing social work for welfare of community’s members like scholarship, medical aid, interest free housing loan, interest free higher education loan etc. These trusts have common body who publishes daily news paper meant only for community’s members. This common body is also doing work of family settlement like marriage dispute, property dispute etc.
Now suppose a couple has marriage dispute and their divorce case is going on in the court. Now anyone from this couple has applied to the said common body for settlement. But other spouse is not want to settle the case in the said common body. The common body tries to call them to attend meeting and settle the issue. It may happen that the other spouse attends the meeting but does not agree for settlement. In this case the common body does not pressure him/her to go for settlement.
Now in 10-02-2012’s daily news paper this body has advertise that if the other spouse who ignore us or our call, than his/her name will be displayed in the said daily news paper’s future issues so that whole society will come to know about this and their matter and thereafter it will be too late for them.
I would like to know that such an advertising by the common body and respective responsible trustees amount to blackmailing? Publishing names of any ignoring spouse in the daily news paper’s future issues amounts to defamation or not? Other spouse is at his/her liberty to go or not? If he/she don’t go than they close the file.
K.K.Ganguly
13 February 2012 at 14:19
Ld. Experts kindly advise.
Husband has driven out wife on dowry ground and filed Divorce Petition with adultery charge u/s 13(i)(ia) of Hindu Marriage Act without mentioning anything about adultery in the plea. The marriage was registered under Special Marriage Act.
Can wife file applications both under Sec36 & 37 of Special Marriage Act for alimony and alimony pendente lite and also maintenance under section 125 of Cr.PC?
If both can not be filed, which one is expected to give quicker and/or better relief to the wife?
Thanks.
Tekchand Gaur
13 February 2012 at 13:18
श्रीमान जी / श्री मति जी,
१. मेरे दोस्त की शादी आर्य मंदिर (दिल्ली) में हुई जिसके सभी प्रमाण-पत्र और फोटो है उनके पास है
२. और इसके बाद उसी दिन शिव मंदिर (गाजियाबाद) में उन्होंने फिर शादी की
३. लेकिन शिव मंदिर में की हुई शादी का उनके पास ना कोई फोटो है ना कोई प्रमाण-पत्र
४. उन्होंने पंजीकरण गाज़ियाबाद में करवाया है
५ लड़का लड़की दोनों फरीदाबाद के रहने वाले है
६. 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
७. लड़के लड़की क घर वाले इस शादी के खिलाफ है
८ अब मेरा सवाल ये है की क्या यह पंजीकरण वैध है
९ अगर लड़का लड़की कही भी जाते है तो क्या इन्हें कोई मुशीबत तो नही होगी
१० उन्हें बिना घर वालो को बताये कहीं जाने के लिए क्या करना होगा जिसे पुलिस उनकी सहायता करे
११ अपनी जिन्दगी को सही स चलाने के लिए और हर मुशीबत स बचने के लिए उन्हें क्या करना होगा
१२ लड़का लड़की दोनों जॉब करते है लड़के की सलारी १५००० है और लड़की की १२००० वो साथ खुश रह सकते है
धन्यबाद
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Reasonable cause for non-appearance
Ld Counsels,
For a party in person, will it be enough to show that he was present before the high court for hearing due to which he couldnt attend proceeding before the family court. Both courts are in the same campus.
The case before HC has not reached on that day and no hearing happended. Family court has dismissed the case for default due this non-appaarance. Can the case be restored due to this reason, Kindly clarify.