Anonymous
20 September 2018 at 19:46
Sir,
A couple want to divorce, but the marriage was done on April-2018, and under which section for suitable for get divorce within 1 year not completed.
Pls suggest and reffer me citation.
Anonymous
20 September 2018 at 16:52
I am a senior citizen of about 70 years and have been falsely made as one of the respondents (R-3) in a d/v case. The purpose is to harass me and get easy money by Opposite Party.
As far the D/V case is concerned, the d/v case is clearly time-barred as per S-468 CrPC and as per case laws/precedents. So also there are proofs like Police Control Room Report that the complainant lady was kept under captivity by her parents and indoctrinated to launch lucrative “d/v business”. As such I filed a case in the High Court for quashing by the high court the d/v case (pending in the family court). Factually, adjournment-after-adjournment are given. As defined in S-37 Specific Relief Act, I was 'enjoined from the assertion of my right' and peaceful life and I am deliberately being harassed by calling to the court now and then to extract money at this age. I hope I have delivered the goods for the purpose of queries:
QUERY -1:
[With regard to privilege for senior citizens]
---------------------------------------------------------
Will I be able to approach Supreme Court, DIRECTLY INSTEAD OF DIVISION BENCH, by way of SLP against an order of the single judge of the high court which adjourned the said d/v case for a date after 6 months from now.
Incidentally, in yet another civil (employment) matter, BEING A SENIOR CITIZEN, I was successful in getting a direction from the Apex Court asking the High Court to dispose of the said matter within 3 months. Can I apply the same route here.
QUERY-2:
With regard to lower court matter
--------------------------------------------
Usually courts grant injunction NOT beyond 6 months of the lower courts. Whether further injunction is granted on the expiry of the initial 6 months which I do not know.
Hope experts will be kind enough to give their considered guidance to enable me to decide the next course of action.
Justification for posting as anonymous: Because there is a possibility that the Opp.Party may see the source of query.
Thank you in anticipation.
Saleem
19 September 2018 at 23:18
Hello All, I have got married 8 months back. I came to know abt my wifes affairs 2 months back. Since then my wife left my house and living with her parents. I want to apply for divorce. But she does not want duvorce. And if i go for divorce through qazi or masjid, they will ask for very high alimony which i cannot afford. My wifes family is very strong both financially as well as rowdism. I wanted to go through court. Also my wife is threatening to file dowry and domestic violence case against me and my family. Can you please suggest, how to proceed in my case.
MUKESH GUPTA
19 September 2018 at 20:45
Se namashkaar !
I got acquittal in DV Act n 498A.Now wife has filed appeal in both cases.Is there benefit of filing defamation against wife at present stage.what cases I can file to create pressure on my wife
Prakash123
19 September 2018 at 14:20
Hello Experts,
I'm being separated from wife since couple of years. Still no any legal cases filed from each other. Now both parties were ready to resolve matter amicably. I just wish to know that what is exact cooling period required for Mutual divorce once filed at court ? I'm asking this because I heard that cooling period is reduced from 6 months to 1 month. Is it true?
Prakash
Anonymous
19 September 2018 at 00:02
Family tree
Great grand nana
Grand nani. Grand nani
Wifes father. Mother
Wife. Husband
All are from the mothers side my relation that is (husband) and not a single relation frok fathers side
Sapinda or not
jaminder s bibra
18 September 2018 at 20:57
REPOSTED SINCE FIRST POST WAS AS ANONYMOUS AND DID NOT FIND FAVOR WITH CERTAIN EXPERTS
dear sir --i got married in 1995 under Sikh rites at chandigarh-- due to some problems now i have taken up a case for mutual divorce ---my inlaws have not replied but as a counter have sent a letter to GOC Southern Command Pune to deduct maintenance allowance and give it to there daughter since soninlaw is alcoholic; psychotic, diabetic, looks after only his elderly mother staying with him and does not have time for wife or child----
i have contacted a few lawyers for advise---- the maximum advice is that my marriage comes under prohibition since my mother and mother in law are real sisters -------the lawyer has advised to file a case for nullity of marriage--------------thus there is no question of divorce or of maintenance allce --please advise -----------
--i have selected to file case at chandigarh since the marriage was conducted in chandigarh and also since it is the permanent residence of my wife and her parents--so better to do everything in chandigarh--otherwise presently i am posted in chennai--could have started the case from here being the last station from where the husband and wife were cohabiting but i may get transferred tomorrow so problem may arise therefore chandigarh is a better choice--since chennai is under southern command hence GOC SC is applicable --but i feel there is a caveat that army offrs are under GOC SC only for discipline and not for family matters--this is because i am no longer in the army but in DGQA Dte Gen of Quality Assurance a civ org since last 16 years--that is i was permanently seconded or absorbed from Army into DGQA after 14 yrs of service as a Major--service offrs serving in DGQA are under the army authorities only for disciplinary action--administrative requirements like accomodation are met by the Ordnance Factories where we are posted at present in Chennai/Avadi it is met by Heavy Vehicles Factory where i am a Joint Controller--another caveat is that recently on 31 Jul 2018 AFT Chandigarh have passed judgment that army auth will not interfere or cut pay of service offrs unless ordered by a civil court since army does not have the resources to go into the details of such matters--Colonel Naresh Kohli Retd was the advocate from Chandigarh who was able to get this judgment--i am trying to get in touch with him but do not have his contact details--in case the contact details can be fwd i would be grateful since first priority is to close the case from army side then proceed for mutual settlement etc
please advise
regards
Bhargav
18 September 2018 at 01:00
Hi,
Due to too much quarrel in our Merriage life we had decided to take divorce.
My details and queries are as below.
1. Merriage period time is 2.5 years with no children.
2. I am Earning 55000 per month and have assets of Rs. 5lack (shares & fd) in my name.
3. My wife was not earning anything.
4. She had parents and 2 sister (both married) in her family.
5. From my side have mother only and 1 brother (doctor by profession) who is unmarried and leaving with us only.
6. There is property of approx 25 laxks (shares and fd) in both of them name. No other property in Family.
7. We are leaving in Rented flat which cost 12000 per month.
8. My age is 35 and my wife age is 34.
My query is...
1. How much maximum rensome she can claim?
2. What can be the maximum amount Court will finalize (as per my income and property) for rensom that I have to pay to her?
3. Whether court will consider my brother or mother's property / income while calculating rensome amount?
4. Rensome amount will be in monthly basis or one time paymnet?
Pls suggest and help as I am in such a huge depression because of all this legal matter. Bcz this will be my first footstep towards police station or Court in my life.
Sk Rajjak Hossain
17 September 2018 at 23:25
Dear Sir, In 2016 Wife has filed 498, DV, 125, which is still pending. Before notice to us court has passed a interim order on DV case for interim mentainance on 2016 but the same copy has not been supplied to us, also comfirmed infront of Magistrate that i dont have any order copy. Now She is not attending any court for her evidence as well as further proceding. This March she has also filed Divorce case and within 1month gap the sme has been withdrawn by him. Now she offering for MCD and all the cases will be withdrawn by him.
I have filed RCR, which is in expart stage. Also filed ACT VIII for my baby girl.
Kindly suggest me the below points.
1) What is next option as she has not coutinue attending in court.
2)What is the next steps for expart order of RCR infavour of mine.
3) If the MCD not procced then what is the senarion will happend.
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Divorced male allowed to have baby via surrogacy?
I am divorced male age 35 who do not want to remarry.
I have enquired at few hospitals for getting baby through surrogate mother. There is no unanimous opinion regarding providing such service.
Some hospitals said they will do it as bill not yet passed and is before parliamentary standing committee.
Some hospitals said they wont do it for divorced/single men or women who want to get baby through surrogate mother.
The amount is 7-9 lakhs which I am ready to pay but as there is uncertainty as to legal standing of baby through surrogate mother, I want to know what is the position as on date with regard to this?