Dr.Gaurang N. Gandhi
03 February 2012 at 12:11
we have filed a HMP for divorce u/s. 13 in Civil Court
More than 3-4 times we have tried, the court summons is not served to the respondent. The summons by RPAD is also unsearved.
on our application under order 5 rule 20 for an advertisement as substitute service, Hon'ble court had allowed our application for public notice, but court had made a specific order to advertise in TIMES OF INDIA MUMBAI ADDITION because the respondent is living at Mumbai. After the said order we have inquired about the rate of such advertisement, it is more than 1 lacs. for the said addition in court per-forma.
sir, on our request to change the paper advertisement instead of TOI to other court had given 4 feb for the hearing. and told that once order is passed not be changed.
the case is on hearing of the application to change the paper publication from TOI to DNA or Gujarat Samachar Mumbai addition.
pl suggest me /give me authorities of SC or HC in support of our argument.
Member (Account Deleted)
03 February 2012 at 10:52
Dear and respected experts as you all know about me and my case of nullification under section 25 of spl marriage act.
I and my advocate went throgh the petition and noticed one thing that 1)i forced my wife and threatened her to marry if not i would suicide and kill her2)I was fraud to ger about my job.
My question is they say that the consecnt to the marriage was fraud and also i threatened her is it correct.They agree that i was fraud and why should i force her.If the consent to the marriage was fraud the there is no need to force it is our view.if any thing you please reply me experts.
Member (Account Deleted)
03 February 2012 at 10:29
My husband deserted me. He applied for Null & Void in grounds - compelled to marry him. And I have applied for RCR. But he is not appearing for any hearing in both the cases. I contacted his lawyer also. He is not interested in Reunioin and not willing to give any alimony also it seems. Now I heard from his friends that he is going to London to do MBA.
1.I want to stop him to go to foreign . How to proceed?( if he go thr, it will take time for me to proceed the divorce case)
2.I need alimony with divorce. But he s not willin to give t seems. How to proceed
Anonymous
03 February 2012 at 10:25
My Name is Latha. I am living in Chennai
Husband deserted the rental matrimonial home. And he is staying with his friends. I applied for RCR but he didnt appear at all. Now I am staying as PG. But they asked me to leave shortly.
Now I dont have any home to stay. My parents are accepting me since its love marriage. After marriage for 5 - 6 days we stayed in his Grand Mother home.
1. I asked to return my jewels. But he is delaying.
2. I am planning to go and stay in his GrandMother home, as I dont have any other source to stay.
3. My lawyer says that FIR may be filed against me since I am going to GrandMother home. But I have no other go. I dont have any home to live in. So I am planning to go and stay there till they return my jewels. I feel that FIR wont be filed by police guys. WIll they file FIR against me?
4. My lawyer is delaying in filing 200 Cr.P.C and he is delaying in filinf Domestic Voilance act also. So no other go, I have planned to stay in his Grand Mother home.
Note : I am working women.
I know that i dont have rights to stay in GrandMother home. But I need to get my jewels for my use. So I have no other option to get it from him.
pls tell me what are the problems I may face. I need to care about precautious steps for it.
Hari haran
03 February 2012 at 06:56
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.
1. Will her counter in RCR would affect in DVA? If yes reason..
2. If she didn't give any counter in RCR can I get ex-party order?
3. What step can I take to see my child?
4. What can I do in DVA?
Anonymous
03 February 2012 at 00:30
HUSBAND WIFE KE BICHME ZAGDE CHALTE THE AHMEDABAD ME LADKI NE LADKE PER SEC-498 KA POLICE POLICE CASE KIYA MAGAR LADKE KO PATA CHALNE PER ACHANAK WIFE KO CHOD KAR CANADA CHALA GAYA.
-LADKI BAHUT GARIB HAI.IS LIYE CANEDA JA NA SHAKI.AUE KOI CANEDA KA ADVOCATE LO KAAM NA DE SHAKI.AUR LADKA CANADA COURT ME EX-PARTY DIVORCE DECREE LE KAR DUSRI LADKI KE SAATH RAHENE LAGA HAI. LADKI KE PAAS HUSBAND KA E-MAIL ID NAHI HAI. HUSBAND KA CANADA KA ADDRESS HAI.
-INDIA SE CANADA ME SUMMONS,WARRANT BAJANE KE LIYE KYA LIGAL PROCEDURE HAI ?
-INDIAN INDIAN EMBASSY YA CANEDA EMBASSY SE SUMMONS,WARRANT BAJANE KE LIYE KOI PROCEDURE HAI?
-CRIMINAL CASE KI PROCIDURE KE LITE DUSRA KOI RASTA HAI? GUJARAT STATE,INDIA ME KON HELP KARSHAKTA HAI?
-AUR KOI KANUNI RASTA HAI AUR KOI SUGGESTION HE TO BATAVO PLEASE.
Shantanu Wavhal
02 February 2012 at 22:12
Is Thibaut's rule about proof of custom applicable to Hindu marriage act ?
(i.e. - while proving a custom of marriage / divorce)
http://indiankanoon.org/doc/109236/
Madras High Court
Kunhambi And 6 Ors. vs Kalanthar And Ors. on 24 March, 1914
The mode of proving the existence of custom in any particular case is thus alluded to by Thibaut System des Pandakten Rechts, I. P. 15 in a passage cited by Sir Erskine Perry (Perry's O.C. 118) " A custom therefore, to hold good in law, requires, besides the above negative conditions (viz, that the custom is not unreasonable and applies to matters which the written law has left undetermined) the following positive condition, namely, that the majority at least of any given class of persons look upon the rule as binding, and it must be established by a series of well-known, concordant, and, on the whole, continuous instances. How many examples are necessary to prove a custom cannot be laid down beforehand, neither is the number to be left to the arbitrary discretion of the Judge; but the point in each case is whether the common consent of the class in question is clearly demonstrated by the number of instances proved. These considerations are not exclusive of each other. One attention must be given to each of them and to any others that may be relevant under the Evidence Act to the questions of fact involved.
Anonymous
02 February 2012 at 21:22
Sir
I am Advocate in Visakhapatnam, Andhra Pradesh:
I have got one client approached that he married in 26-10-2009 the marriage is love marriage and their matrimonial life. THeir marriage is registered at Registrar office Thereupon in the month of August 2010 she went to her parents house ; he made best efforts bur she has not returned in these circumstances he field section 9 petition in District Family Court notice received comming for counter at this juncture her parents made 2 marriage with out obtaining divorce and while section 9 pending in District Family Court : He Obtained her marriage card only : NOW WHAT TYPE OF CASES I CAN FILE AGANIST HER, HER PARENTS AND HER NEW HUSABAND. PLEASE GUIDE ME IF POSSIBLE SEND ME MODEL FORMAT TO ME
Anonymous
02 February 2012 at 20:00
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.
1. Will her counter in RCR would affect in DVA? If yes reason..
2. If she didn't give any counter in RCR can I get ex-party order?
3. What step can I take to see my child?
4. What can I do in DVA?
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Authentic form of case-law to be submitted in court.
to submit a case law in court, what is the acceptable form ?
I mean - printout from websites like www.indiankanoon.org etc. / photocopies of AIR Book.
kindly enlighten.