Member (Account Deleted)
07 February 2012 at 16:52
Dear Experts
Grateful thanks
sanjiv
07 February 2012 at 16:40
What Happened if Husband is Stuck on Divorce?
Boy is on Bail for 498 & DV act
Court will supposed to deny him for divorce due to Women favoring laws and insufficient proof.
But he is not ready to take her back anyway.He don't want her in any condition. He isfed of of this.
He is ready to pay maintenance instead.
He is working in Company. what will be the maintenance (approx number) if his salary is 11000 /- per month. Parents and one younger brother is dependent on him.
asmita0009
06 February 2012 at 23:07
In family court during hearing if judge passes wrong order, which can be prove. to whome we can complain ? what is the procedure?
Can we file review application? if there is serious mistake how we can resolve it?
Member (Account Deleted)
06 February 2012 at 22:01
Wife filed for annulment on impotency of husband. Then husband filed RCR. Both cases are running in family court for last three years.. Now, in evidence stage, husband filed application for his potency test.
So, can husband withdraw RCR and file for divorce showing the impotency allegation as mental cruelty once he gets medical test result in his favour?
Does filing rcr make husband obliged to condone the impotency allegation, and bar him from using the same as mental cruelty even after getting test result in his favour?
I think, the rcr should be taken as only the sign of willingness of the person for compromise, and not as a promise to condone all her/his cruel acts forever. So, the person who filed rcr must be free to withdraw it at anytime, and then use the opponent's all present and past cruel acts as ground for mental cruelty.
Sophiya Khan
06 February 2012 at 18:56
A Muslim girl got converted herself in Hindu Religion but never made any changes in regard of her name and get married to a Hindu boy after there marriage a baby girl was born from the said wedlock but at the same time she got separated from her husband and after a period of time she had come to know that some criminal matters are also pending against him.After her divorce she again convert back to her earlier religion and got married to a Muslim boy.Now the question is, the minor girl since birth used to live with her mother and now her father trying to take the custody but the Mother is not at all ready?How can the mother stop the custody of her child?
K.K.Ganguly
06 February 2012 at 18:18
Would the Ld. Experts kindly advise on the following?
Husband filed Mat Suit u/s 13)(i)(ia) of Hindu Marriage Act when the marriage was solemnised u/s 16 of Act XLIII of 1954.
Wife does not want to give Divorce.
Is the above Mat Suit liable to be rejected as per Order 7 Rule 11 of CPC since the marriage was not solemnised as per Hindu Marriage Act?
Parth Chandra
06 February 2012 at 16:24
Hi Experts,
below are some facts of the my DV case and request your inputs for a DV Quash appeal which I am planning.
1) I am fighting a DV Case which is at respondent's cross examination.
2) DV Was filed after 1 year of separation at different location (her hometown) than my home town or our ordinary residence.
Based on above facts, my confusions are as below
1) Can I file DV Quash petition on limitation and Jurisdiction grounds at this later stage of the trial?
2) Can I use her reply in her cross-examination in my Quash petiton?
3) Is this quash petition has to be filed in HC or in sessions court?
4) What according to expert like you are the chances of this appeal getting succeded?
Thanks a lot for your kind attention and would be very greatful if you could guide me and I would love to do my bit to get a solid quash petition to enlight millions of sufferer.
Awaiting your reply,
Regards,
Parth
sanjiv
06 February 2012 at 15:29
It was arrange marriage. I have completed 1.5 year to my separation. During this period she mentally harassed me a lot & finally now ready to join me again. I lost my mother due all tensions she caused for . Now I don’t want her in my life again. So she filed DV act & 498(a). Still Investigation of Local Police station is pending.
I made mind to face both cases. Because as per my lawyer its initial pressure of these cases. After bail no worries .
But my problem is she is going to file rape case against me in court. She is telling that I had forced her for Sex several times before marriage (Like rape). We had sex in her farmhouse when she was also agree for that.In village it was easy for Even her cousin sister also helped us. Cousin went abroad after her marriage & obviously she will not admit. I will deny her offense about forced as rape. Even after all I was married after that and lived couple of months together.
My Question is : Physical relationship before marriage can be consider as offense in Divorce case? Should I denied about sexual intercourse before marriage ?
I know her lawyer put all these things in her mind. How should defense it?
Hari haran
06 February 2012 at 10:36
Dear Experts,
My wife had file a Dva thru Protection Officer & interim Maintanance.In the DVA main petition she stated that she & her parents tried for a rejoin but we rejected those steps, which is false. But As I willing to rejoin I had filled RCR & visiting rights for my 3 yr old male child in family court. Now in RCR she didn't given any counter for 4 hearings.In RCR his lawyer is telling that as DVA is going on in JM7 they need a last chance for counter. Now the judge has given a final date for counter in RCR. In DVA the Judge had told to start the trial, in that also she is not coming for enquiry. In visiting rights Judge told her to bring the child to court. She is not obeying even for the judges words. We have a recorded Evidence for her father stating that " All the allegation said in that case are false & I have filled this case only to revenge your parents" when my brother went for a solution to their house.
1. I wish to give Maintenance for my child & also to her. As I am earning 15k/P.M how should I give?
2. I need Visiting Rights for my child soon. What steps I have to take?
3. If she is not coming to examination then what will happen?
4. Now I am living with my parents. she askd for a shared household or a rental house? What should I do..
5. Can we win this case?
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Dessertion - please please help
Sir
We are a joint family and i got married on Nov 2008.My wife left me in july 2009. She left me saying that she was not happy to stay with my parents , she needs a part of the family property and independence. I tried convincing her all these days, but in vain. From july 2009 till now, she is staying way from me in a different city. However in April 2011, i thought of convincing her and met her at a restuarant for 30 minutes. But it ended in vain.
Sir if i have to apply for divorce on the basis of dessertion, can i apply now as 2 years of dessertion is complete( July 2009 to Jan 2012), or should i wait till April 2013 ( 2 years from the date i met her in the restuarant)
Please reply and clarify me