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Anonymous   21 January 2012 at 18:26

Divorce case

hi

i wanted to know...how a wife can proceed where his husband has filed divorce case and wife doesnot want.

and

what is difference between

a) putting maintenance case in domestic violence in criminal court in thane

b) putting maintenance case in domestic violence in family court in thane.

i mean which is better among a and b.

and how much time it takes for approving maintenance case ??

plz advice








Anonymous   21 January 2012 at 16:05

I want to divorce

Dear Sir/ My Wife had expired during pregnancy and left a baby. My Family pressurize me for second marriage due to baby caring. so after 8 mth i had done second marriage. my second wife take a divorce from her first husband and left there 10 year baby. now after 7 mth my second wife wants to live separate from my parents. due to small quarrel with my mom which is every body done in home and i don`t want to left my parent so every day in my house quarrel between mom n wife I want to divorce so please suggest to me what i do ? perhaps my wife not to give me divorce

Self service   21 January 2012 at 15:28

Extra documents as evidence

Hello Experts,

Husband filed evidence statement as part of divorce 13 (a) i. Wife filed counter claim. Husband filing response along with he also wants to submit few extra document as evidence. No cross examination happend till now. It is possible for husband to file extra document as evidence or at any later stage he can file?
Please advice.

Tushar Kochale   21 January 2012 at 14:30

Inheritance

Do the Hindu married daughters of a deceased person (father) are entitled to his property. No daughter is widowed.
The person has died in 2001 and the names of all his sons and married daughters have been recorded in the government records after his death. Now daughters want equal share in the deceased's agricultural land. And if daughters are entitled to the property what will be the proportion of there share.
Which laws are applicable to this case.

State : Maharashtra
4 Brothers and 3 Sistes
Hindu Law is Applicable
Property is Ancestral
The deacesed got property from his father on father's death.
Will is made by the deacesed stating equal distribution among all sons and sisters.

Anonymous   21 January 2012 at 09:16

Sec 13

If wife filed Sec-13 then Husband accept divorce.

then husband also responsible for maintenance it is compulsory, when wife is advocate highly educated & earn.

Anonymous   20 January 2012 at 22:39

Is there any diffrence?

Hi

Is there any difference putting case against wife for divorce after 1 year and after 3 years.

Anonymous   20 January 2012 at 18:57

Judge not giving judgement after final argument

in this case girl has applied for a divorce with framing some allegation on the boy,but the girl was not able to proof in the court for the allegation she made on the boy.from last 2 dates judge is only giving dates and not giving any judgement.and also the judge is regularly pressurising the boy lawyer to go for a mutual divorce befor the judgement.please suggest what to do.

judge is asking that go for a mutual in 13b then i will give the decision ,ut according to me the judge is playing a game when my client will file a mutual divorce then he will guide girl lawyer to take that case back by this the girl will bare nothing.please guide that what to do and what will be the circumstrences.

Member (Account Deleted)   20 January 2012 at 18:36

Pls reply me experts(nullification)

I and my wife have registered our marriage on 04/03/2011 under the special marriage act.But my wife was at her home but we had met in other places and in my room several times.We have lived as husband and wife.we loved for seven years.I have many photos taken in my room and public places and love letters.But her parents forced her to suit a complaint against me in the family court to declare as void and null..I could not contact her for three months her parents do not allow me.while we were in love We had been living as husband and wife for 3 years but all were secret.
The petition is as below
1)I forced her to get married
2)We didn't live together.
3)There was no sexual intercourse between us.
4)I tortured her.

But truly i say these are not correct.If i get a chance to talk with her she will come with me.Will i get a chance to talk with her on the day of hearing.Pls guide and advice how to get her back.What should i do on the day of hearing...If she says that we did not have intercourse also then what should i do.I have sacrificed many things for her any how i want her pls guide what should i do on the day of hearing.. As you all know my problem.I thing my wife will act as her parents say in the court.She is hiding our secret things (Consummate,lived together).The evidences are very confidential that as a husband i should not show any body.Before questioning me If i ask the judge to allow me to talk to her personally will they allow?I could not contact her for three months.The petition contains only the things what her parents know.Pls advice me


Dear experts I tried my best to contact my wife i could not do.The hearing date has been postponed to 22/03/2012 because there is no judge in the court and when i asked the court staffs they told me that still now nobody is appointed.I decided to talk with her mother and say the truths which my wife hides from them due to fear.I shall request them if my wife also does not like this relation then file for mutual consent divorce.Dear experts please help me to talk and how and what should i talk.will it bring trouble if say the truths.

Anonymous   20 January 2012 at 17:56

Proof of income v/s. maintenance.

Dear Sirs / Madam:
This query refers to above subject. As mentioned in my earlier query, we had some proofs which shows that Wife is Earning & we are looking forward to presenting the proofs before the courts.
1. We have placed the Proof of Income (PoI) of Wife before the MM (DV Act), which the Honourable Majistrate / Judge has accepted.
2. We also placed the PoI of Wife before the Honourable Judge of Family Court, but, here the Lawyer of the Wife objected to acceptance of PoI of Wife by saying that the Proof should not be accepted & also CANNOT be accepted as the PoI of Wife is placed before the Judge after 1 Year of Maintenance Petition being Filed by Wife. Whereas the Arguments for Maintenance have NOT been heard till date, Nor there are any orders pending in the case.
Also, the Lawyer of Wife says that Actually the Wife is Jobless, but, even if she is working it (Her Income) should NOT be considered in her Maintenance Claim as She needs to work to meet her expenses i.e., According to her lawyer, he states that the Income / Earning of the Wife should be considered as Forced Earning as She has to meet her needs. So, her Current Status of Income should not come in way of Granting Maintenance to her.
For the Records, Wife had already started Earning EVEN BEFORE filing for Maintenance and also EVEN BEFORE she filed DV Act, 498A, 406 against me & my whole family.
Also, the Wife is as on this date maintaining her Lifestyle as she was enjoying before marriage - This could be easily said and confirmed from the PoI (Proof of Income).
A. IS IT POSSIBLE THAT THE HONOURABLE JUDGE COULD NOT ACCEPT (REJECT) OUR PoI OF WIFE ON THE BASIS OF WIFE'S LAWYER'S OBJECTIONS (As Above) REGARDING PROOF OF INCOME?
B. IS IT POSSIBLE THAT ON THE BASIS OF THE PoI OF WIFE & CONSIDERING HER CAPACITY & CAPABILITY TO EARN BEFORE & AFTER MARRIAGE REJECT HER CLAIM FOR MAINTENANCE?

ANY COURT CITATIONS IN THE ABOVE REGARDS WOULD BE MORE SUPPORTIVE...

THANKS

Padmajeth   20 January 2012 at 16:46

Regarding cancellation of engagement

My engagement is over 3 months back. But found the girl is not a good charactered. Wanted to cancel engagement, is there any legal problems due to that. I have not collected any dowry or any gifts from the bride family.